CHAPTER X.

Contract of Alderman Baker for Victualling the

Troops--Parliamentary Inquiries limited to Minorca--Byng’s

Sentence produces various impressions--It is referred to

the Judges--Conduct of the Judges on the Case referred to

them--Conduct of Fox--The Admiralty signs the Sentence--The

Sentence notified to the House of Commons--Mr. Pitt demands Money

for Hanover--Lord George Sackville declares for Pitt--His Motives

for so doing--Approaching Execution of Byng--Debate in the House

of Commons on his Sentence--Members of the Court-Martial desirous

to be absolved from their Oaths--The Author urges Keppel to

apply to the House of Commons--Sir Francis Dashwood applies for

Keppel--The King’s Message--Court-Martial Bill passes the House.

Feb. 7th.--The younger of the brothers carried the war into another

quarter, attacking Alderman Baker on a contract he had obtained

from the Government for victualling the troops in North America;

and falling severely on his uncle Newcastle, whom he abused, with

more outrage than wit, in a very florid strain of satiric irony.

Fox defended Baker; Nugent, his patron: Baker on a subsequent day

vindicated himself, and cleared the fairness of his contract.

George Townshend and the Tories were displeased with these

hostilities to Newcastle, who they feared would be driven to unite

with Fox, with whom the Duke consulted for the defence of Baker.

His Grace and Fox being already complicated in the late measures,

a new accession of common interest might renew their league. These

apprehensions operated so strongly on Fox’s enemies, that great

coldness was shown on the matter of inquiries; and when George

Townshend could no longer in decency defer to call for papers

previous to the examination, as he did at last, February 8th, the

inquisition seemed affectedly limited to the loss of Minorca, on

which subject, Newcastle and Fox had had leisure for months to

remove from all offices whatever papers could be supposed to affect

them. All discussion of the neglects in America, so extensive, so

numerous, and so easily to be proved, were cautiously avoided.

Indication sufficient, that the late Ministers had left no evidence

against themselves, was, that in a Parliament constituted almost

entirely of their friends, not a single objection was made by

any of their dependents against the scrutiny into their conduct.

The most upright Ministers had never met popular attacks with

indifference--were Newcastle, Anson, Fox, more bold, or more

innocent, than any of their predecessors? The farce of national

justice had never appeared in more glaring colours: Mr. Byng had

been kept a close prisoner from the instant of his arrest; thirty

witnesses that he had demanded had been denied to him; every

evidence that could possibly affect him had been produced--when the

more powerful criminals were to be charged, a single part of their

administration was selected, papers were demanded by guess, and it

was left to the discretion of offices full of clerks, all creatures

of the late Ministers, to send, omit, secrete, mangle, what part of

those papers they pleased. No Committee was appointed to conduct

the inquiry, nobody empowered to procure or manage evidence, or

even to examine whether what was so partially demanded, was not

still more partially granted. Mr. Pitt protracted a commodious

gout--George Townshend, the other mock-champion of the people, was

negotiating with Lord Granby, to unite the patriot Minister with

the late chief of the criminal Administration.

During these clandestine treaties and juggles, the sentence

pronounced on the Admiral grew a serious affair. The first

impression taken was, that he must be pardoned. Many lawyers

declared the sentence was illegal: at St. James’s it was received

as definitive: the Sovereign, the Duke, Princess Emily, and their

train, treated the notion of mercy as ridiculous; and no whispers

from any of their late partizans breathed a more gentle spirit on

the Court. At the Admiralty, on the contrary, a very different

temper discovered itself. Admiral West, the friend of Pitt, and

relation of Lord Temple, loudly demanded a revision of the 12th

Article; and though, he said, he would not decline immediate

service to which he was appointed, he declared his resolution

of resigning, unless the Article was abrogated. Admiral Smith,

natural brother of Lord Lyttelton and Sir Richard, who had been

President of the Court-Martial, and was really a humane though

weak man, wrote the most earnest letters to his brothers, to

interest themselves in the safety of Mr. Byng, as the only method

of quieting his (Smith’s) conscience. The Peer, blindly devoted to

Newcastle and Hardwicke, returned an answer, that, to say no worse

of it, did not breathe more humanity into a conscience already

wounded.

Sir Richard, on the contrary, interested himself warmly for the

condemned; and Lord Temple took part enough to make it a measure in

the Admiralty to refuse to sign the warrant for execution, unless

they were better satisfied on the legality of the sentence--if

their consciences could be tranquillized by such opiates as the

casuists of Westminster Hall could administer, Lord Hardwicke had

no apprehension but the warrant might still be signed. Accordingly,

the King referred the sentence to the Judges; and as there was no

difficulty but what they could solve by pronouncing an absurdity

legal, they soon declared, that a sentence, which acquitted of

two crimes, and yet condemned, without specifying a third, was

very good law. And thus, without an instance of interpreting a

_new_, _obscure_, and _doubtful_ statute in the most unfavourable

sense, and contrary to the stream of precedents by which criminals

recommended to mercy were constantly pardoned, the people of

England (that some revengeful men might be gratified, and some

guilty men might have their crimes atoned by the sacrifice of

another man) obtained the alarming precedent of a sentence

pronounced by implication! And this was the more alarming, as it

was known that the word _negligence_[76] had been proposed in the

Court-Martial, and had been rejected by them. Consequently, they

had thought it their duty to condemn for _no_ crime; and the Judges

discovered the virtue of a crime in words, which the persons who

framed the sentence had intended should _not_ express it.

What added to the criminality of the Judges was, that the

young Lord Torrington, the Admiral’s nephew, having petitioned

the Admiralty for leave for his uncle to appeal against so

unprecedented a sentence, they desired to see his reasons, and

having received them, laid them before the King and Council, by

whom they were referred to the Judges. The Judges, who had desired

to see all the sentences in capital cases that had been given

by Courts-Martial since the Revolution, excused themselves from

examining Lord Torrington’s arguments, equally referred to them

by the Council. One can hardly avoid saying on such inconsistent

behaviour, that the Judges knew what was the inclination of the

Council on the different papers referred to their consideration;

and that they accordingly rejected an appeal from a novel sentence,

which they pronounced law from precedents which had all taken their

rise under the abrogated law.

There had been periods when Fox would not have suffered such

casuistry in the profession to pass uncensured:--what was the part

he now took?--It was not, in truth, an age to expect that a Regulus

should exhort his country to pursue measures which would advance

his own destruction. Few men would devote themselves, when other

victims were marked for sacrifice. We will suppose, that Mr. Fox,

implicated in the miscarriages of the last year, might not be sorry

to see the busy timidity of Newcastle, or the dark councils of

Hardwicke, transferring his, their own, and Anson’s neglects and

mismanagements to Mr. Byng, and sweeping Court, Navy, Parliament,

and Law, into a combination to cut off a man whom they had made

obnoxious to the nation, because he was so to themselves--but what

more crooked policy was that, which, not content with sheltering

itself behind Mr. Byng, sought to ruin Mr. Pitt too, by painting

him to the multitude as the champion of the condemned Admiral? It

is irksome to me to tell what whispers, what open speeches, what

libels, Mr. Fox and his emissaries vented to blacken Mr. Pitt and

Lord Temple, for feeling symptoms of humanity towards a traduced, a

condemned, a friendless man! Hardwicke moved steadily towards his

point, the death of the criminal:--Fox sported with the life of

that criminal, and turned mercy itself into an engine of faction

to annoy his antagonist. Had Mr. Pitt effectually interposed,

had the seal been set by his influence to Mr. Byng’s pardon,

(however generous morality would scorn the office,) policy might

have excused Mr. Fox for traducing such humanity:--but previously

to make mercy impossible, by making it dangerous, by making it

odious!--I know not where ambition would stop, if it could leap

over such sacred sensations!

February 16th.--The day after the Judges had given their opinion

on the sentence, the King in Council referred that opinion to the

Admiralty. The King signs no sentence himself: where he does not

interpose his prerogative of pardon, execution follows of course.

In naval affairs, the Lords of the Admiralty sign the warrant. Lord

Temple had dropped hints to the King in favour of Byng, but with

more reserve with regard to the prisoner, than towards the majesty

of the sovereign, to whom at one time he said in his closet, with

a contemptuous sneer, “And if he dies well, what will _you_ say

then?” It was applied so _ad hominem_, that the King interpreted

it as a reflection on his own courage. The Admiralty thus pushed,

and weighing on one hand the unpopularity of a direct refusal to

sign, and on the other the authority of the Judges, which had been

given at their request, determined to comply. That very night Lord

Temple, Dr. Hay, and Elliot, signed the sentence, and sent it to

Portsmouth, ordering execution on the 28th. Admiral Forbes, in

every part of his conduct uniformly amiable and upright, refused

peremptorily to sign it.

While Mr. Byng was thus pursued or given up by his countrymen,

our enemies acted a very different part. Voltaire, hearing of

the Admiral’s trial, sent from Switzerland to the Court-Martial,

a letter which he had casually received some time before from

Marshal Richelieu, in which the latter spoke with encomiums on

the behaviour of the English Commander:--but they, who had been

so ready to censure Mr. Byng on the dispatch of his antagonist

La Galissonière, were far from being equally forward to give any

weight to Richelieu’s testimonial in his favour.

Feb. 17th.--Mr. Hunter, of the Admiralty, notified to the House

of Commons the sentence pronounced against one of their members.

The Speaker produced a long roll of precedents for expelling him

before execution, lest his disgrace should reflect on the House.

Lord Strange objected, good-naturedly, that this would be heaping

cruelty, and seemed to exclude mercy, while yet there was an

opening to it. Sir Francis Dashwood, a man distinguished by no

milkiness of temper, connected with no friends of the prisoner,

took this up strongly, and moved to call for the letter of the

Court-Martial. Fox objected, that this would look like a censure

on that Court. Sir Francis denied that he meaned it in that

light. His view, he said, was, by considering the warmth of their

recommendation, to lead to some application for mercy. Mr. Pitt

seemed to favour that purpose, and lashed _novel_ proceedings in

Courts-Martial; and said he hoped that the letter, when produced,

might lead the House to do something on that mortal twelfth

Article: and he mentioned with disdain anonymous letters that he

had received, threatening him as a favourer of Mr. Byng. Fox, to

waive all humane impressions, called for the Order of the Day. Sir

Francis would have renewed his Motion, but the House did not seem

inclined to receive it; and it was lost.

Mr. Pitt had come that very day to the House of Commons for the

first time since his illness, and as it was the first time since he

was Minister of his acting there in office, it could not fail of

being remarked, that he dated his Administration with a demand of

money for Hanover. He delivered a message from the King, desiring

support for his Electoral Dominions and for the King of Prussia.

One cannot say which was most ridiculous, the richest Prince in

Europe begging alms for his own country, or the great foe of that

country becoming its mendicant almoner. The next day he opened

the message, the purport of which was to ask 200,000_l._; and

he endeavoured to torture some consistence out of his conduct,

sometimes refining, and when that would not do, glossing it over

with what he would have put off for confident honesty. He succeeded

better in attempting to divert reflections from himself to the

Empress-queen, who, he said, if it had not been for the blood and

treasure of Britain, would not have had it in her power to be

ungrateful now.

He was seconded by Lord George Sackville, who affected to say he

spoke only for form; yet talked forcibly on his _now_ seeing a

prospect of carrying on the war with success, as great part of the

money was to be given to the King of Prussia--a better method

than subsidiary treaties. Fox acted moderation; said, he should

never provoke altercations, nor yet would ever decline them: it was

sufficient to him that his part had been a _consistent_ one. He had

been told, indeed, that the German measures of last year would be a

mill-stone about the neck of the Minister:--he hoped _this German_

measure would be an ornament about the Minister’s neck! It was in

truth the greatest instance of courage and capacity, and promised

stability to Mr. Pitt’s Administration. Pitt replied, that he only

rose again to show he would keep his temper and his word; though

Mr. Fox’s reflections were but an ugly presage of his kind wishes

to the new Administration. For Minister--the word never belonged

so little to anybody as to himself: he had neither ministerial

power nor influence. All he had done was, having had an opportunity

of saying, “This I will do--that I will never do.” The money was

granted _nemine contradicente_--even the Tories agreeing to it--I

suppose, to prove their consistence too.

One event in this Debate requires a comment: Lord George Sackville

declared himself for Mr. Pitt: he had seemed before to attach

himself to Fox. This was the history of his variation:--the Primate

had come over to offer his service to the new Lord Lieutenant; and

both he and Lord George had paid court to Mr. Fox, and still more

to Mr. Rigby, the Duke of Bedford’s Minister. The two former had

received their assiduities cordially; Bedford himself, of a shy,

uncommunicative nature, had treated the Primate with obstinate

coldness, and absolutely declined on every occasion to talk to him

on Irish business. The Duke’s own plan was to steer impartially

between the two factions; at least for his first session.

Fox, early in the winter, had made great application to Lord George

Sackville to move for retaining the Hessians, which being agreeable

to the wishes of the Whigs, the new Ministers would have been

beaten before they could bring on any of their popular questions.

Lord George demanded previously, that the Duke of Bedford should

engage to leave the Primate one of the Lords Justices; which would

have been granted, but the Duke of Bedford himself hung off; for

though he was willing to leave him so, he would not date his

government with a promise that he thought would be so unpopular.

From that time, Fox had either not fixed what should be the Duke

of Bedford’s plan, or had been so occupied with his own situation

and animosities, as not sufficiently to attend to Ireland. Rigby,

devoted to Fox, and thinking himself sure of the Primate whenever

he should please to want him, or concluding him totally fallen, and

that his own best art of pleasing Fox would be to fling himself

into the opposite faction, headed by Lord Kildare, who had married

the sister of Lady Caroline Fox; for these, or some of these

reasons, he had not had the precaution to model his master to the

Primate’s views; who, finding himself rejected, or entertained so

as to be rejected afterwards, instantly negotiated with Pitt, and

worked his friend Lord George to list under the same colours: and

other reasons concurred to facilitate that connexion.

Pitt, on the commencement of his Ministry, had professed to

adhere to all his old declarations; and keeping himself retired

and secluded from all access, affected to attract no dependents,

to form no party. The Tories, who heard his professions, and saw

him condescend to no Court-arts, were charmed with a Minister

who seemed as visionary as themselves, and who threw as many

difficulties on Government as when he was in Opposition;--but the

Tories alone, as Lord George knew, could no more support a Minister

than they could demolish one; and deeming Mr. Pitt’s system too

romantic for duration, Lord George had leaned towards Fox, as

made up of more practicable elements. Indeed, when Bedford proved

as untamed as Pitt had been; and when Pitt condescended to make

room in his virtue for Hanover, Lord George, (as the Primate with

wonderful frankness avowed to Fox,) finding that Mr. Pitt “would

now pursue human measures by human means,” made no difficulty of

uniting with him. Lord George gave the same account to Fox too.

Another reason of mortal complexion had probably some sway with

Lord George--of nothing he was so jealous as of Conway. Fox had

supported the latter’s plan of Militia; and the Duke of Richmond,

brother of Lady Caroline Fox, was on the point of marrying Lady

Mary Bruce, daughter-in-law of Mr. Conway. If Lord George then

looked on the connexion of Fox and Conway as imminent and certain,

no wonder he devoted himself to the contrary faction.

As the day approached for the execution of the Admiral, symptoms

of an extraordinary nature discovered themselves. Lord Hardwicke

had forgot to make the Clergy declare murder innocent, as the

Lawyers had been induced to find law in what no man else could find

sense. Lord Anson himself, in midnight fits of weakness and wine,

held forth at Arthur’s on his anxiety to have Mr. Byng spared; and

even went so far as to break forth abruptly to Lord Halifax, the

Admiral’s relation by marriage, “Good God! my Lord, what shall

we do to save poor Mr. Byng?” The Earl replied, “My Lord, if you

really mean it, no man can do so much towards it as yourself.”

Keppel, a friend of Anson, and one of the Judges, grew restless

with remorse. Lest these aches of conscience should be contagious,

the King was plied with antidotes. Papers were posted up with

paltry rhymes, saying,

“Hang Byng,

Or take care of your King.”

Anonymous letters were sent to terrify him if he pardoned;

and, what could not be charged, too, on mob-libellists, he was

threatened, that unless Mr. Byng was shot, the city would refuse to

raise the money for Hanover.

22nd.--The Militia Bill was considered in the Committee. Mr. Conway

spoke for an hour very ably, to show how impracticable the plan

of Townshend’s Bill was, how easy of execution his own, and then

with modesty withdrew it. The Dissenters in some places petitioned

against the exercise on Sundays, but their objections were not

supported nor regarded.

On the 23rd, Keppel, More, and Dennis, three of the Court-Martial,

waited on Lord Temple, and besought him to renew their application

to the Throne for mercy; and the same day Sir Francis Dashwood

acquainted the House that he intended to move a consideration

of the twelfth Article. He said he had felt great animosity

against the unhappy sufferer from the first representations; but

his opinion was totally changed by the trial. That at most he

could only impute misjudgment to Mr. Byng. To the Court-Martial

he must impute it more strongly, who, he thought, had condemned

the Admiral unjustly. No wilful error appeared against him. His

manœuvre had been applauded: was nothing left to his judgment?

Does the twenty-fifth resolution of the Court prove that he was

negligent? The French had not waited for him: when they did not,

he crowded more sail. The Council of War they never mentioned! Did

not Mr. West approve the return to Gibraltar? Then, with increase

of seriousness, he said, the Admiral’s blood will lie at the door

of those who do not explain what they meaned by their sentence,

of which no man else could give an interpretation. And it was the

more necessary they should, as they had brought on officers an

impossibility of serving under the twelfth Article. He reverted

to the conduct of the Admiral, recapitulated some of the chief

passages of the trial, urged that there had been an appearance of

judgment in his conduct, which had only been defeated by the ships

of the French being cleaner and in better order.

One witness had deposed, that there appeared no backwardness in the

Admiral in coming to action; then, for God’s sake, of what was he

condemned? Not a murmur was heard on his return to Gibraltar. It

seems he did not hoist his top-gallant sail--_that_ was, not doing

his utmost! What a gross, shocking mistake of the Court-Martial,

to think that the twelfth Article reached to this want of a

top-gallant sail! The letter to the Admiralty he concluded had

been laid before his Majesty, where he hoped the great severity of

a blundering sentence would be properly considered--for, when it

came to be considered and construed, could any man living suppose

that the Court-Martial intended to express any blame but of error

of judgment? Sure they were at liberty to explain this! It stood in

the law that they might, but they must first be empowered by Act

of Parliament to disclose what had passed amongst them. He spoke

to their feeling, and hoped to hear the opinions of others on this

cruel sentence.

Lord Barrington rose, as he said, to speak only to the Motion on

the twelfth Article, and should lay Mr. Byng entirely out of the

question, on whose conduct he, being a landsman, could not form

an opinion: whatever favourable circumstances there were in his

case, he hoped had been, and would be represented. The Article

he justified on the necessity that had called for it. The last

war had set out with conduct at sea not very honourable, yet no

Court-Martial would condemn the offenders. This grew to be the

universal complaint. It was said nobody would be hanged but for

high treason. In a former war Kirby and Wade had been brought in

guilty of disaffection to their Admiral, and had suffered. If

the present Court-Martial misunderstood the Article in question,

neither could one be framed which they would not misunderstand. He

asked if this was a time to relax or enforce discipline? and moved

for the Order of the Day.

Doddington replied, that he had no interest in this question, but

as it touched Mr. Byng; in whose cause national justice, public

and private compassion, were concerned too. That it was impossible

to argue that ambiguities ought not to be cleared up. That for fear

of bringing on a question, he would not call for the sentence; but

he should be glad to know of what the Admiral stood condemned.

He _did_ know of what he was _not_ condemned; and that supported

him, as it was what stained neither the soldier nor the subject.

_Without doors the sentence was thought extremely cruel; and well

might people think so, when the Judges who pronounced it declared

they thought so themselves._ Perhaps it might be deemed advisable

not to carry it into execution: it certainly would be mercy to the

Judges, and to the distress of their consciences; nor would clash

with the King’s promise, who certainly never engaged his royal word

to adopt the worst construction of a doubtful law. He wished to

hear something thrown out for compassion.

This humane and pathetic speech--to the shame of our country I

may call it this _bold_ speech, considering in how unpopular

circumstances it was made--was received with an attention and

sensibility, which showed that truth and justice had been

strangers, [who] to be approved, wanted only to be known.

Lord Strange said, he was at a loss to account for the

Court-Martial being so affected. He thought the article plain

enough, and to revise it would be _more absurd than anything but

the sentence_. If the Court-Martial had done justice, how would it

be just to them to alter the Article? They had puzzled themselves,

and now the House was going to puzzle the service. We had no

pretence to retry the cause. (An odd argument, if the Court had

been puzzled, and had given an absurd sentence.) If the members

of the Court would apply separately for revision, they might. For

himself, he could not agree to weaken that Article; nor would it,

he believed, be to any purpose. He had never seen a sea-sentence

that a landsman could submit to. He wished the officers of the Navy

were to be tried by a jury.

Campbell, a most humane and honest man, but who had never forgiven

Mr. Pitt and the Grenvilles the share they had in overturning Sir

Robert Walpole, and who had steadily adhered to Mr. Pelham and Fox,

as successors of that Minister, could not help saying, that the

law declared no execution could follow a marine trial, till the

whole proceedings had been laid before the Admiralty. If _they_

thought injustice had been done to Mr. Byng, would not _they_ make

earnest application for mercy?--if they made none, what must be the

conclusion?

Beckford scrupled not to say, that the sentence was thought

_cruel_; and Pitt, though owning how sensibly he felt the

difficulty of speaking on that melancholy occasion, with true

spirit avowed himself on the favourable side. The sentence, he

said, had undergone discussion; for himself, he could never have

agreed to it; but he thought the Legislature had nothing to do to

advise the King on that his peculiar prerogative, mercy. He did

wish it might be extended to the prisoner; and owned he thought

_more good would come from mercy than rigour_. That it was more

likely to flow from his Majesty, if he was left entirely free. For

the Article, he did not wish, he said, to see discipline relaxed;

but no Article could be enforced but when it was intelligible. And

this being proved so obscure, it was not for the honour of national

justice, that a sentence, issuing from its obscurity, should be

carried into execution. Were Mr. Byng condemned of cowardice

or disaffection, he himself, though single, would petition for

execution. Of all men, the Commissioners of the Admiralty ought

the least to interpose. But what indeed could add weight in the

prisoner’s favour to the recommendation of his Judges?

Campbell, pursuing his blow, said, surely they who have all the

proofs before them are the properest to enforce the recommendation

of the Judges.

Sir Francis Dashwood, perceiving an impression of tenderness made,

and unwilling to drive a majority to rigour, by furnishing them

with the triumph of carrying a question, desired leave to withdraw

his Motion on the Article; when Fox, who chose to wear, like the

day, an aspect of compassion, and at the same time to fasten

difficulty and unpopularity on the new Minister and his friends,

rose to say, that he could not comprehend the delicacy of the

Admiralty in not laying their scruples before the King. That during

the nine years that himself had been Secretary at War, it had

been his constant practice on all Courts-Martial to acquaint the

King with any favourable circumstances that had appeared. That he

had always found his Majesty disposed to lenity, and when he said

nothing, the King would ask, “Have you nothing favourable to tell

me?” Silence always implied that there was nothing. If the Lords of

the Admiralty thought the Court-Martial meaned _error of judgment_,

they ought to tell the King so. Any one Lord of the Admiralty

might; Admiral Forbes might. That in signing the warrant, never

till now had been used the words, “It is his Majesty’s pleasure.”

He recommended it to them to consider the circumstances, and inform

the King of them.

Pitt, in reply, bad him consider all that had passed for the last

six months, and then judge if the Lords of the Admiralty were the

proper persons to make representations on this case. He had no

reason to expect any tenderness to himself or his friends; and,

indeed, he supposed this speech of Fox was calculated to throw them

under difficulties _in another place_. For himself, he had too

much awe on his mind, to make so free with descriptions, as Fox had

of personal colloquies.

Fox repeated, that this had been a very undue time to change the

words, “the King’s consent,” to “the King’s pleasure.” In all late

instances _pleasure_ had never been used. That in what he had said,

he had intended to agree with Mr. Pitt. On the present occasion he

thought it particularly the duty of the Admiralty to speak out.

And as to throwing them under difficulties, the more danger there

would be in their speaking out, the more it was their duty. And

to Mr. Pitt’s complaint of want of credit in the closet, he said,

there never wanted a grain of ministerial influence to incline his

Majesty to pardon.

Pitt asked, how Mr. Fox knew what might have passed on this

occasion, when not an iota had transpired? His insinuations had

been uncandid, nor had he egged Fox on to say what had fallen

from him. The Speaker interposed; said, he disapproved these

altercations, and begged they would only speak on what concerned

the public. Hunter and Elliot produced precedents to show they had

taken the word _pleasure_ from the minutes in the books of the

Admiralty. Prince George had particularly notified Queen Anne’s

_pleasure_ on Kirby and Wade: and the latter dropped, that it was

decided by political writers, that in general Commanders-in-Chief

should not be tried but for treachery. Lord Strange spoke to order,

and to have the question read, that these discussions might be

finished. The day concluded with Fox’s saying with great solemnity,

that he had not said, and he thanked God had not heard, a word to

exclude mercy--an asseveration he had better not have made. He

had fastened the duty of representation on the Admiralty; if they

applied for mercy, the odium would be theirs.--If they did not,

the King remained in possession of pleading; that as the Admiralty

had made no application for mercy, after being publicly exhorted

to it, it was evident that they had no favourable circumstances to

represent.

The next day Pitt did move the King for mercy, but was cut very

short; nor did his Majesty remember to ask his _usual_ question,

_whether there were any favourable circumstances_? The Duke of

Bedford, whose good heart broke from his connexions, applied

too, was better heard, but with no better success. Mrs. Osborn,

the Admiral’s sister, being advised to solicit the same Duke to

present a petition from her, he excused himself, nor in all the

openings to compassion that followed did his Grace take the least

part; though he had been one of the most vehement to condemn the

Court-Martial. He was always allowed by his governors to speak as

he thought--seldom to act as he spoke. The same day seven of the

Court-Martial applied to Lord Temple to intercede for mercy; he

reported their solicitation to the King, but to no purpose.

25th.--Admiral Norris went to George Grenville, and told him he had

something on his conscience which he wanted to utter, and desired

Mr. Grenville to apply to the House of Commons to absolve them

from their oath of secrecy. Grenville did not care to meddle in

it. Norris, Keppel, and Moore, mentioned it again to him at the

Admiralty that morning; and he declining it, Moore said to him

with wrath, “Then, Sir, the Admiral’s blood will not lie on us.”

It happened that Horace Walpole, who had taken this affair much

to heart, was not then in Parliament, having vacated his seat for

Castlerising, that he might be chosen at Lynn, by desire of the

corporation, in the room of his cousin, become a peer by the death

of his father, Lord Walpole. Coming late that day to the House,

though not a member, Horace Walpole was told of the application

that had been made to Mr. Grenville, and looking for him to try to

engage him to undertake the cause, Walpole was told that Mr. Keppel

desired to be absolved from his oath as well as Norris. Walpole ran

up into the gallery, and asked Keppel if it was true? and being

true, why he did not move the House himself? Keppel replied, that

he was unused to speak in public, but would willingly authorize

anybody to make application for him. “Oh! sir,” said Walpole, “I

will soon find you somebody;” and hurried him to Fox, who, Walpole

fondly imagined, could not in decency refuse such a request, and

who was the more proper, from his authority in the House, and as a

relation of Mr. Keppel. Fox was much surprised, knew not what to

determine, said he was uncertain--and left the House.

The time pressed, the Speaker was going to put the question for the

Orders of the Day, after which no new Motion can be made; it was

Friday too; the House would sit neither on Saturday nor Sunday, and

but a possibility of two days remained to intercept the execution,

which was to be on Monday; and the whole operation of what Keppel

should have to say, its effects, the pardon if procured, the

dispatch to Portsmouth, and the reprieve, all to be crowded into

so few hours! Walpole was in agony what step to take--at that

instant he saw Sir Francis Dashwood going up the House; he flew

down from the gallery, called Sir Francis, hurried the notification

to him, and Sir Francis, with the greatest quickness of tender

apprehension, (the Speaker had actually read the question and put

it while all this was passing,) called out from the floor before

he had time to take his place, “Mr. Speaker”--and then informed

the House of Mr. Keppel’s desire that some method might be found

of empowering him and the other members of the Court-Martial to

declare what had been their intention in pronouncing Mr. Byng

guilty.

Sir John Philipps opposed the Motion, saying, the cause was not

before the House. George Townshend approved the question, saying he

seconded it, not pleading so much for mercy to the prisoner, as to

his Judges. Pitt rose and begged the House would consider seriously

before they proceeded on so nice a matter: he wished first to see

a direct application to the House. For himself, he should probably

smart for it; he had received a menacing letter that very morning.

He addressed himself to Keppel, wished he would break through his

bashfulness and rise: it would be a foundation to him to vote for

the Bill demanded; and then he should despise threats. Keppel rose.

Dennis, a member of the Court-Martial, and of Parliament, was

present, but had refused to join with Keppel in the application.

The latter spoke with great sense and seriousness; declared, he

did desire to be absolved from his oath; he had something on his

mind that he wished to say. Many others of the Court-Martial, he

said, had been with him that morning, and exhorted him to make the

demand. Sir Richard Lyttelton said, another had been with him to

the same end; and read a letter from the President, Admiral Smith,

entreating him to move in the same cause. He then injudiciously

went into the case of Mr. Byng, which, he said, he should think

murder, if this method was not followed. Ellis had difficulties,

he said; it ought to be known if the whole body desired this.

It ought to be considered, that their opinions had been given in

confidence of secrecy. Sir R. Lyttelton replied, Admiral Smith says

they are all willing to be dispensed from their oath.

Lord Strange said, he had always been averse to meddling with Mr.

Byng’s cause in Parliament, yet it was very difficult to avoid it,

now the Judges themselves desired it. To refuse this dispensation

to them would be a cruelty his blood ran cold at. Then the oath

of secrecy being read, Thornbagh, a foolish man, who knew to do

nothing but what he had sometimes seen done, moved for the Orders

of the Day. Sir Francis Dashwood reprimanded him severely; and the

House behaved with great decency: the Duke of Newcastle’s faction

with total silence. Campbell, whose natural goodness could not on

a surprise prefer the wrong side to the tender one, said, he rose

for fear of being included in his opinion of the other day. He

thought the Bill so necessary now, that he wished to have it read

three times directly. George Grenville thought the members of the

Court-Martial might speak without the Bill, as their oath only

forbad them to divulge the opinion of any single man. Lord George

Sackville was of the same opinion, and wished what had passed might

be communicated to his Majesty without any address in form.

Keppel professed he had still doubts whether he could speak

without a dispensing Act. Mr. Conway agreed with Lord George, and

thought that such members of the Court-Martial as were in town

ought to have a day to consider on it. Pitt said, he honoured

Mr. Keppel for his doubt; wished him to consult with his friends

that night; and told him, that in regard to them the House would

sit the next day. For himself, he should in their case have no

hesitation to speak without the Act, as they only desired to tell

where it was most proper for them to tell: he hoped they would

lay their sentiments at his Majesty’s feet the next morning. Some

other opinions of no consequence following, Lord George Sackville

begged the Debate might end, that Mr. Keppel might go immediately

and consult his friends. Sir Francis Dashwood said they were not

all in town; Mr. Keppel hoped if the major part were, it would be

sufficient. The Speaker proposed that nothing of what had passed

should be inserted in the votes.

26th.--A Cabinet Council was held to consider what was proper

to be done on Mr. Keppel’s demand. Pitt told the King, that the

House of Commons wished to have the Admiral pardoned. He replied

shrewdly and severely, “Sir, _you_ have taught me to look for

the sense of my subjects in another place than in the House of

Commons.”--However, it was determined that sentence should be

respited for a fortnight, till the Bill could be passed, and his

Majesty acquainted with what the members of the Court-Martial

had to say. A temporary reprieve was accordingly dispatched to

Portsmouth; and Mr. Pitt the same day delivered a message to the

House of Commons, that his Majesty having been informed that

a Member of that House had in his place declared that he had

something of weight to say, which it was proper his Majesty should

know, his Majesty had accordingly postponed execution till the

matter could be cleared up. It had been objected in Council, that

the words _Member in his place_ would give offence, as unusual and

inconsistent with the liberty of speech in Parliament, the Crown

being supposed to have no knowledge or cognizance of what is said

there. Pitt treated the objection with scorn; and, unluckily,

commenced his Administration with a German subsidy and a breach of

privilege.

Fox had immediate notice by Rigby from the Duke of Bedford of

what had passed in Council, and came armed to attack Pitt on this

indiscretion. Pitt had no sooner delivered the Royal Message,

than Fox rose cavilling. He desired to have the Message read

again:--there were words in it that struck his ear in a very

extraordinary manner! _The King having been informed that a

Member in his place!_ Who informed him? Who betrayed to the Crown

what was said in Parliament? What Minister was so ignorant as to

advise the Crown to take notice of having had such intelligence?

Did Ministers dare to avow that they made representations of the

speeches of particular men? Indeed, it had now been done for a

laudable purpose; but by the same rule might be practised for a

bad one; and on no account must be suffered to strengthen into a

precedent. He desired to be showed one instance since the reign of

James the First, where the privileges of Parliament had been so

sported with.

Pitt replied with great indignation, that the time had been too

pressing to consult precedents. He had not thought the life of a

man was to be trifled with while clerks were searching records.

He had founded himself on a peculiarity of case, that was its own

precedent, and could be so to no other: a precedent that could

never be extended but by a wicked Parliament. He had been doing his

duty in Parliament the day before, had heard the momentous doubts

of Mr. Keppel, and had represented them:--_he should have been

ashamed to run away basely and timidly, and hide his head, as if

he had murdered somebody under a hedge_. It had been the sense of

the House, that what had passed should be laid before his Majesty;

and he had accordingly thought it _his_ duty to represent it. What

would Mr. Fox have done? _not_ have represented it? “You, sir,”

said he, to the Chair, “may enter it with proper caution.” He

appealed to the House, if what he had done had not been directly

implied; and concluded, that he was ready to undergo the correction

of the House.

Fox replied with as much temper as the occasion seemed to call for

resentment, (but it is not always true that one is most angry when

one is most in the wrong,) that he did not think his observation

had been indecent. That he would now say nothing to Mr. Pitt’s

charge, but would prove his own conduct good-natured. Had he said

some things that Mr. Pitt had said, he should have thought his

nature base. It had not been necessary to express _a member of

the House in his place_. Yet if the Speaker could think of any

palliative way of entering it in the journals, he should never

think of it more.

Pitt said, the manner had been chosen to show the public that

every method had been taken to ease the mind of his Majesty: and

Lord Strange bore him testimony, that the communication had been

intended by the House: and however Parliament would take it, he

knew it was manly and right.

Mr. Keppel then said, that the definitions given the day before of

the oath had engaged his utmost attention: and he had represented

as well as he could to some of his brethren what latitude it had

been thought they might take in dispensing with it: but they were

not altered in the least, and till an absolving Act should pass,

could say nothing.

“Do they still desire the Act?” said Lord Strange. “Could

anybody,” replied Keppel, “mention what weight they had on their

minds, and not desire it still?”

The Speaker then, trimming between Pitt and Fox, declared himself

extremely hurt with the words, pronounced them wrong, and of most

dangerous consequence, and what had always been reckoned breaches

of privilege;--he was satisfied there had been no bad intention in

it. He knew Mr. Pitt would as soon lose his hand, as violate the

rights of Parliament--indeed, there had been no necessity for the

words in question; the message might have been worded differently;

but he would pawn his soul there had been no wrong design in it. It

might be entered, observing that objections had been made to the

offensive phrase; the necessity of which might be stated too. For

Mr. Fox, he had done his duty, and himself would do public right

to him. “I did the same justice to Mr. Pitt,” said Fox. General

Conway agreed that there had been little occasion to describe so

particularly what had passed; and he asked whether it was necessary

to enter the whole of the Message.

“The House,” said the Speaker, “may enter what it pleases; but

it is a Message sent solemnly by the King, and I never knew an

instance of overlooking it.” George Grenville went farther, and

said, he would never consent to have it entered defectively.

Beckford called the Bill so unpopular a measure, that he wished

to have it imputed to the House of Commons, not to the King, who,

he desired it might be reported, had yielded to it unwillingly,

and only for the sake of justice: Pitt he commended. Sir Francis

Dashwood, with much more sincerity, said he was glad of the Bill,

come how it would. It was gracious of the King to give room for

it, and wise of his Ministers. Fox asked, now the respite was

granted, whether it were not better to wait for a petition from the

Court-Martial before the Bill was passed? better to wait at least

till Monday for some material information, which might be hinted

in the petition. Sir Francis replied, that the very words of the

Message from the Crown were, that a respite was granted _till_

the Bill should pass. Would it be decent, after such a message,

to say we will postpone the Bill, however, till the Court-Martial

petitions? If six only of the thirteen should desire the Bill,

would you not grant it? The House cried, “No, no!”--as if it was

justice due to the consciences of an indefinite, and not of a

determined number!

Nugent said, his constant opinion had been, that the Admiral was

sentenced for error of judgment only; and the oath he thought only

a conditional one.

Fox, after refining much on the oath, said it was impossible but

at the desire of the _whole_ number, to permit some to disclose

the opinions of others. Each man might tell his own motives. At

least, let the desires of the majority be taken. He then asked if

it was proper that a set of Judges should go about for three weeks,

_hearing solicitations from the friends of the prisoner_, and then

come and complain of their own sentence? For his part, his feeling

sometimes operated upon his reason, and, he supposed, did on that

of others. See, then, whither solicitation and bribery might go.

The King desires to have his doubts cleared up--_but don’t let

this Bill go immediately to pardon_. Give way to the Bill--what

was to follow would be a subsequent consideration. The Court had

gone no farther than to acquit the Admiral of cowardice. He hoped

the Parliament would ask the King for the examination, either, to

rescind the sentence or _to order a new trial_. He had not, he

said, run away basely the day before, but from his judgment: Mr.

Keppel had told him what he meaned to do. He did not think himself

necessary to every council, and had foreseen what confusion would

follow. He had not voted against the Bill, and said, “Let Mr. Byng

die on Monday.” He _had_ gone away, his compassion struggling

with his reason. On consideration, he had returned like a man to

the hard part. If the King had felt, was it not proper he should

feel too? He begged care might be taken not to establish this

measure for a precedent; nor could it be reasonable to frame a new

Article of War, because the Court-Martial had not understood the

present. He should be for the Bill, though he would not (like Mr.

Pitt) declare that most good would follow from pardon. Hearing

a great Minister say so, he thought pardon was determined. Yet,

for himself, he should have left the merit of it to the King’s

mercy--_but now it was the act of the Minister_. He still wished

to see more grounds for the Bill. He would not require any of the

members of the Court, he would only enable such as thought fit, to

discover what had passed. Something extraordinary he would have to

conclude this extraordinary act.

The art and abilities of this speech are evident: it will be much

more difficult to discover in it _the good-nature_ he had promised

to display.

Nugent expressed his disapprobation of _two_ trials. Pitt declared

he would speak very shortly and clearly; sometimes, he owned,

he did speak too warmly. He gave much commendation to Mr. Fox’s

speech, though he did not foresee the same consequences; nor

would he decide, whether in the present instance Fox’s reason

or good-nature had got the better. He defended Mr. Keppel’s

behaviour, which had sprung from former proceedings, not from

solicitation. [For] himself, [he] did not wish the Admiral saved

out of compassion, but out of justice: “for how,” said he, “can it

be for my interest to take the part I now do?--I look only at the

sentence. Is it so necessary that he should be executed just now?”

On the other hand he would not give time for the Court-Martial

to be tampered with. Like Fox, he had wished for better grounds;

but when Mr. Keppel rose and pronounced what he did, it was

irresistible. It became the unanimous opinion of the House to

yield to his emotions. Some even would have passed the Bill that

very day. Nor had anything ever come before Parliament that almost

commanded such rapidity. “Ought not,” said he, “Mr. Byng, ought not

his family, to be put out of that cruel situation? ought not the

King? ought not the Court-Martial, some of whom were on the point

of sailing to America? Why hang this matter up for some days, in

which the fate of the nation might be decided?” There was nothing

of party in this--any number that were willing to tell, ought to be

heard: might not they want to say that they had thought themselves

bound to find error of judgment capital? To them he would have the

Article explained. He feared, if this was pending too long it might

produce riots.

Henley, the Attorney-General, endeavoured still to show that the

Bill was unnecessary, and that the members might dispense with

their oath. He suggested that the Bill might be rejected in the

other House; and asked, who was to examine the members of the

Court-Martial?

Doddington said, he had sought compassion and relief--had found

compassion even when _he_ called; but relief could only come

constitutionally through justice. The Court-Martial indeed did at

last perceive that they might have been mistaken. Were he in their

place, he should not have waited for a Bill--he should have thought

a life was to be saved at any rate.

Legge declared himself free from any bias one way or other. Had

Mr. Byng been found guilty, nobody would be more ready to condemn

him: but it appeared that _he was only a sacrifice to discipline_;

and we must not imagine that we should draw down blessings on our

Fleets by human sacrifices. He begged that, by adhering to the

letter of this Article, demonstrated to be both obscure and severe,

they would not prevent Courts-Martial from bringing in nobody

guilty.

Martin proposed that the members of the Court should be asked

directly, if they had meant error of judgment: and then, if they

thought error of judgment capital.

Lord George Sackville begged the Debate might finish, as the

longer the question was agitated, the more difficulties would be

started. Potter accordingly brought in the Bill, and it was read

the first time. Fox then asked Mr. Keppel, which of his associates

had empowered him to make the demand? He named, _Holmes_, _Norris_,

_Geary_, and _Moore_. Fox said he asked this, because it was

reported that none of the members desired to be absolved from

their oath. The Bill was read the second time. Fox said, the

King’s message prescribed a separate examination on oath; he hoped

that direction would be observed. Potter moved to proceed to the

Committee on the Bill. Lord Strange and Haldane objected; but Pitt

asking if they wished to detain Holbourn, Broderick, and Holmes at

home at so critical a time; and how they could proceed on Monday,

if their difficulties were not then stated in the Committee; it was

agreed that the Committee should immediately sit; and Fox said,

that now it was agreed to have the Bill, the sooner it should pass

the better. He moved, and was seconded by Pitt, that the members of

the Court-Martial should be examined on oath. It was then settled

that they were to disclose what they had to say only to the King

and Council: that they should only tell the motives of their own

behaviour, not those of others. George Grenville added a clause,

that they should not be obliged to speak, if not willing. The Bill

went through the Committee, and was ordered to be reported on

Monday.

It may easily be imagined what variety of passions were excited by

this extraordinary affair. Curiosity to know what black management

had left such[77] scruples on the minds of some of the Judges of

the Court-Martial, was the common and natural consequence: the

very novelty of tools of power sinking under a consciousness of

guilt, or under the conviction of having unwittingly been made

the tools of power, was sufficient to raise the utmost attention.

The few poor well-wishers of the condemned saw a gleam of truth

darting upon a prison which they had scarce ventured to incur the

odium of approaching--and if there had been such black management

(a question scarce admitting an _if_, considering all that had

preceded and all that followed) the actors in so dark a tragedy

undoubtedly did not feel the most pleasing sensations from the

illustration that now seemed unavoidable. The latter description

of men appeared to be in danger of changing unpopular situations

with the Admiral--they were soon the only satisfied class, the only

triumphant--for by the very next day after the Bill had been read

in the House of Commons, by Sunday evening it was blazed over the

town, that the four sea-officers named by Mr. Keppel disclaimed

him, and denied having empowered him to apply in their names. Mr.

Pitt was thunderstruck--and well he might: he saw what consequences

Fox would draw from this disavowal. Enquiry was made into the

truth of the report. Holmes and Geary persisted that they had not

commissioned Keppel. Sir Richard Lyttelton, an intimate friend of

the latter, applied to him, and, as Sir Richard himself told me

within an hour after he had seen Geary, begging him to consider

the injustice and dishonourableness of retracting what he had

authorized Keppel to say; he replied in these very words, “_It will

hurt my preferment to tell_.”

Can I pass over these words cursorily?--or rather, do they want

a comment? What dissertation could express more fully than

they do themselves all they contained? Who had power to stop a

sea-officer’s preferment? would it hurt his preferment to tell what

affected no[78] powerful man with guilt? Did those words imply

that he had nothing to tell? As thick a veil as was drawn over

the particulars of this transaction, can it be doubted but that

particulars there were of a heinous dye? And though Mr. Keppel’s

scruples were treated as idle, though it was asserted that he had

nothing to tell, though he saw Mr. Byng die, without telling; did

not that attention of Geary to his interest supply articulation to

Mr. Keppel’s conscience?--a fact that I shall mention presently,

when the father[79] of the man whose power Geary dreaded, asked

for a day of peculiar significance, will explain and cannot in

the nature of things be disjoined from that sagacious captain’s

conception of what interests were concerned to impose silence on

the Court-Martial.

Monday, 28th.--The Bill was reported, and Potter moved to have

it read the third time; when Fox rising, said, he heard some

information was going to be given, which ought to precede any

progress in the Bill. Holmes, a brother of one of the four, said,

he had heard something had passed on Saturday, which he supposed

the gentleman that had occasioned it would stand up and explain.

Keppel rose, and said, he had particularized the names of four,

who he understood and did believe had commissioned him to move the

House on their behalf. That Holmes had said, “Sure you mistook

me!” Another of them said the same. He argued it with them; they

persisted, and said he had mistaken: Holmes adding, “I am easy

in my mind, and desire to say nothing farther.” That he believed

it would be useless to call Mr. Holmes. That for Geary, he was

not absolutely off nor on, but should have no objection to speak

if all were compelled. For the other two, Norris and Moore, they

were desirous to abide by what they had said; that they had even

written him a letter, in which they said, “The world says we have

varied, but we desire to adhere to what we told you.” He read their

letter, in which were these words: “We do authorize you to solicit

for the Bill.” For himself, he thought his honour clear: when he

had first spoken, it was from the uneasiness of his mind. He was

told his oath did not bind him: he thought it did. If the House

would think fit to relieve him, he should be glad. When he signed

the sentence, he thought he did right--he had since been startled

at what he had done.

Thus, of the four named, two adhered: one (Geary) did not prove

that Keppel mistook him. Whether he mistook Holmes must remain a

doubt--it is scarce probable that Holmes had been very positive

against the measure: Keppel would scarce have named a man, who

was far from agreeing with him. That it will remain a doubt

too, whether there had not been unwarrantable practices in, or

even with, the Court-Martial, is the fault of those who stifled

conscientious evidence. Charity itself would grow suspicious, had

it observed all I observed; and yet I give but as suspicions what

I do not know was fact. That some wished for time to practise

afterwards on the Court-Martial; that Geary was willing to be

practised on; and that some _were_ practised on before they

appeared in the House of Lords, can, I think, never be a doubt more.

Fox assured Mr. Keppel that his character was not affected by what

Holmes and Geary had said: the Bill indeed was affected by it: yet

what he would have done for five, he would do for three; that is,

if the three would petition for it. Of the Court-Martial, seven, he

observed, were in town. Of them, Holbourn had declined to meddle;

Dennis had withdrawn from the House; Holmes declared himself easy

in his mind; Geary had desired not to speak, unless the whole

number did. Thus a majority of those in town did not approve the

Bill. He therefore desired that the three willing ones would sign

a petition, saying, in their opinions they had something to tell

material for the King’s information. If it was not material enough

to have the sentence reversed, but only that they might explain

their own motives, he should not think the Bill necessary.

Nugent said, though not one should apply, the absurdity of the

sentence was glaring enough to call for the Bill. Fox interrupted

him, speaking to order--the sentence was not before the House.

Nugent replied, every man in the House had read the sentence--could

they, who, in conscience, honour, and justice, had signed the

letter for mercy, refuse to speak if their mouths were opened?

Fox said, the sentence and letter ought first to be called for.

The sentence was on oath, the letter not. He affirmed he did not

believe they had anything material to say. Would Mr. Keppel say he

thought it material?

Velters Cornwall condemned the Bill, and said, Mr. Byng had undone

one Ministry, was going to undo another: the King had been advised

ignobly and unwisely.

Colonel John Fitzwilliam, who had never opened before in

Parliament, came with much importance and a list of questions to

examine Mr. Keppel; but they were so absurd and indecent, that

at every one the House expressed their disgust by a groan--such

were, “Had he not voted Mr. Byng to be shot because he thought

he deserved it? Did he not think so still? Would his conscience

be easier after he had spoken?”--It is sufficient to say of this

man, that his character was hateful. In the Army he was odious as

a spy and creature of the Duke. That very morning he had passed

two hours with Mr. Keppel, labouring to divert him from his

purpose. Stanley severely censured Fitzwilliam, observing that he

had put many questions to Keppel, which he was under oath not to

discover, and from which this Bill was calculated to absolve him:

and he took notice sensibly, (of what seemed to have been totally

overlooked,) that _any man who is to die, has at least a right

to know for what he is to die_. Fox urged, that the words of the

Royal Message were, “because their discovery may show the sentence

to be improper.” From Mr. Keppel’s present silence, he inferred

that there was nothing material to be discovered. He moved to call

Norris and Moore, to hear if what they had to say would affect

the sentence. But Sir Francis Dashwood objected, that this was

the very question which the House was passing the Bill in order to

have answered. Mr. Keppel (who Mr. Fox might have suspected had had

other solicitations than from the _relations_ of the Admiral) rose,

and said, he would explain himself as fully as he could:--when he

signed, he thought he did right--he would go further--no, he had

better not--had uneasiness, or would never have signed the letter

of intercession--the explanation of the Article has increased his

inquietude--he had rather it should be thought poor weakness than

a desire of giving trouble. He concluded with these words: “_I do

think my desire of being at liberty does imply something great, and

what his Majesty should know._” The House was struck:--Fox said,

“I am satisfied. Afterwards I shall propose means to prevent such

Bills for the future.”

Charles Townshend, who had taken no part hitherto, and who had

followed Mr. Pitt into a system built on the ruin of Mr. Fox, said,

to the surprise of everybody, that he had intended to second Fox,

but was content too. He congratulated the House on obtaining these

grounds for their proceedings by Mr. Fox’s means. His brother,

offended at this wonderful declaration, told him, if he had been

present the first day, he would not have wanted those grounds.

Charles appealed to the House, if first, second, or third day, they

had been so fully explained. Pitt, still more provoked, said,

with the utmost contempt, and with the most marked accent, no man

of common sense or common integrity could say this matter had been

opened on any other foundation--yet he wished Charles Townshend joy

that _his conscience_ was made easy. But how did it appear that the

King was so misinformed? “May I,” added Pitt, “fall when I refuse

pity to such a suit as Mr. Keppel’s, justifying a man who lies in

captivity and the shadow of death! I thank God, I feel something

more than popularity; I feel justice!” The Message, he owned, had

been disorderly, and he was under correction for it, yet it was

strict truth. For this attack, it went to the very veracity of a

man: but he did not, like Fox and Townshend, go upon hearsay. For

his part, if his country were safe that day twelvemonth, he should

pray that Mr. Fox might be in his place, nor would he use those

miserable arts that are employed to prop a wretched station. He

congratulated the House on that act of necessary justice. His equal

wish was, that Mr. Byng might live or die to the satisfaction of

the nation.

Fox, sneering and insulting, said, he was glad Mr. Pitt had heard

commendations of him from Mr. Charles Townshend[80]--indeed they

had a little ruffled Mr. Pitt’s temper. By his wishing to continue

in the Administration for a twelvemonth, he seemed to think he

_could_ save this country. For himself, he had not been driven

out; he had had reasons for retiring. Since, had he obstructed

any public measure? Had _he_, _totidem verbis_, _proposed_ some

questions that had been _opposed_ last year, they would have

been opposed again: he had chosen rather to retire; and in the

distressed situation of his country, would not oppose; unless he

saw measures carried on destructive to England, or distressful

to his Majesty. His own consistence should be _literal_, lest

afterwards he should not have parts enough to show it was

_substantial_--indeed, he had never understood a Court.

The Speaker observed, that two-thirds of what both had said, was

nothing to the question. Pitt replied, that he was surprised at

being coupled with Mr. Fox, who had spoken five times, he but

once--yet Fox had not been suppressed. “Could I,” said he, “sit

silent under the accusation of misinforming the King?” The Speaker

vindicated himself, talked of his unbiassed impartiality and

integrity; and the Bill passed, Cornwall dividing the House with 22

more against 153; and it was sent to the Lords.

FOOTNOTES:

[76] Indeed they could not with much consistence condemn him of

neglect, after they had previously and unanimously voted the

following resolution, which was their 25th:

“The Court are of opinion, that while the Ramillies (the Admiral’s

own ship) was firing in going down, the Trident and ships

immediately ahead of the Ramillies proved an impediment to the

Ramillies continuing to go down.”

It was proved, too, beyond contradiction, that he could not foresee

that the French fleet would not stay for him, as they remained with

their sails aback to the mast; and that he must have been up with

them in ten or fifteen minutes, if the impediment had not happened

from the Trident and Princess Louisa.

[77] I do not mean to say that none of the Judges on the

Court-Martial had really been convinced that by the severity of

the law they could not acquit the Admiral, though they thought him

guilty of only a momentary error of judgment.

[78] I say, _powerful man_, not _man in power_, for Lord Hardwicke,

Lord Anson, the Duke of Newcastle, &c., were not then in place--but

them Geary must have meant, for he could not fear disobliging Mr.

Pitt and Lord Temple by speaking out, when it was his silence that

prejudiced them. It was plain Geary thought, what happened so soon

afterwards, that the command of the Admiralty would still be in

Lord Anson.

[79] [Lord Hardwicke. Lord Anson had married his daughter. It must,

however, be admitted, that our author’s language in this passage is

as obscure as his reasoning is unfair and inconclusive.--E.]

[80] Mr. Pitt, loud enough to be heard by half the House, cried

out, “I wish you joy of him.”

Memoirs of the Reign of King George the Second, Volume 2 (of 3) · 第 10 / 11 章