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LONDON: .• y rRXNT£D FOR T« CADELL IN THE STUAND, KDGGLXXIX* • A 17?^ puneMppv' I ipj'" ■' ''■''"" ■"!''s'"V'"''wsii!ip'^fSfWSPP'f'^^''' " " " ■'""wpiw^pipn \ r .iJtetSiffc.^w-.! !i.'^i^;n(t,i.i-.ji -;*iwCv mimmi^^^^^'^^ immiMi 1 1 i « CONTENTS. Page I. Sir Hugh Pallifer's Addrefs to the Court, when called upon for his Defence. l II. Sir Hugh Pallifer's Addrefs to the Court, on the clofe of the Evidence. 57 III. The Court's Sentence. 69 . .,.-■- c.:..-Ji^-: — '•T'j .ni jjiiiji|jwjpippiPiiiJi..wiipwpBj^^ \ m f Sir HUGH PALLISER's ADDRESS to theCOURT, WHEN CALLED UPON FOR HIS DEFENCE. ^R. President, and OlNTLSMENOf theCoURT^ BE F O R E I enter into the formal vindication of my conduct, I in^reat the indulgence of the Court, whilft I fpeak a few words concerning the pe- culiar circumitances, under which I appear before them. —There is fome confolation in lamenting my misfbr- tunes in the preience of perfons with generous minds ; men, vrhofe honourable feelings will not deny the tribute of commiferation to the unfortunate. I may truly call myfelf unfortunate in the fevereft fenfe of the word; fotalltho/e/ufferingst which now mffli& mcr havt betn brought on, by the fur/uit of a can' B did mmm m^^wmM ( * ) did and fair htaringt to defend my chara^er, againfi the unprwoktd attacks tf the moft inveterate and unre- lenting enemies, Four-and-forty years I have now had the honour to ferve my king and country in the navy ; during which long time I have not been without my ihare of the hardfhipsy the dangers, and the diftrersful incidents fo common to men of ourprofeflion. From the com- mencement of this long fervice, it has ever been my iirll ambition to def^rve the favourable opinion of my countrymen, by the moft induftrious exertion of my faculties in every way proper for a naval officer ; hav- ing negleAed no opportunity of meeting the public enemy, or of performing any other duty to which I was competent. It has been my good-fortune to have had my labours in the fervice rewarded by my fovereign with honour- able and profitable offices ; and alfo, till the occafion of the prefent trial, uniformly to meet with the ap- probation of my fnperiors in command. But I have ever valued my honour and character as an officer and a man at a higher rate, than the emoluments of the mo9t beneficial employments ; and it has ever been my principle to be ready to make a facrifice of the lat- ter, rather than tamely fubmit to the aflfaffination of the former. When it was thought expedient to arm our fleets againft France, though already pofTefled o( offices 4 which Sij m \-:'; ( 3 ) which fupplied tn ample income ; tnd though for thirty years of my life afflicted with a painful bodily infirmity, from an accident in the coyrfe of ferWce, and therefore more expofed to danger from the fa- tigues of a fea-command ; yet, warmed by a zeal to ferve my country once more in the walk of my pro- feilion, I was happy to be honoured with the third poft in the fleet under the command of Admiral Keppel. An engagement foon enfued, and for my fhare in it the Admiral publicly and repeatedly teiliiied his approbation of my condud. But the aflion not being followed with that fplendid and complete vidory our countrymen expefled, fome of the friends and depen- dents of the Admiral thought fit to call injurious re- flediions both on me and my divifion, though much the greatefl: (hare of the engagement had fallen to our lot ; and it was endeavoured, by letters in the public prints, and otherwife, tu imprefs the world with an idea, that my mifconduft more particularly was the caufe of not having come to a fecond and more de- cifive engsigement. I appealed to my Commander in Chief for juftice to my character ; but I found him averfe to giving the proper check and contradiction to the reports, by which my honour was wounded j and, notwithllanding his having at firft publicly approved of my condu^, I had too* good grounds to fufpeA, x\izx privattlj he B 2 did ^';.MteSea3 fmBKB^giwm, mammi { 4 J ifiH mt difcouragt a very oppofite reprefentatlon of liire. ■ Inflamed with refentment by the attacks on my ^haraAer as an ofEcer, and by the refufal of the Com- mander in Qhiti either to accufe or exculpate me^ I pur- fued meafures with z view chiefly to my own juftiiica- tion^ which have brought upon me the rage of a vio- lent party % and the nutjl unexampled irregularities have been praAifed, to efTedb my ruin and deilruftion, as well as through the pretence of my name to difturh the pnhVic tranquility* To check thefe proceedings, I anticipated the wiihcs of my enemies, by making an immediate far- render of feveral valuable offices, to the amount of be- tween two and three thoufand pounds a year y leaving myfelf with no other mark of diftindion, than my military rani, nuhich I retained with a *vie ' pute any fault to me in this refpcA, is not quite clear from their words. But| as they may bear fuch a con- ilru£tion. I ■'t ( 7 ) flruAion, it is not fit, tliat I (hould Aiifer them to pafs unnoticed. My anfwer is, that, at the time ftated, the For- midable was upon the Viftory's lee-bow ; and that this was the pofltion, in which the Admiral's laft ilgnal for the fleet's tacking all together, which was in the morning of the preceding day, had placed me ; and that he fuffei ed me to continue in it, with- out making any fignal to alter my pohtion ; which implies, that he did not difapprove of it. As to the evidence of Admiral Campbell on this head, he placing me before the Vidory's beam, it will be found contradided, not only by my officers, but by ■Admiral Keppel's own journal, which exprefsly de- fcribes me on the 27th tc have been on his let-bow at day-light. The words of the journal are, at day- light /aim the French Jleet to ^windward, the Vice- , Admiral of the Red and his divifion nvell on the vjeather" learn, the Vice of the Blue on the lee-bow. Therefore it feems moil probable, that Mr. Campbell, perhaps not a little follicitous to juitify his own fignal, I will not fay influenced by a defire to ftrain every thing into a crimination of me, is inaccurate in the recol- ledion of my pofition. But be this as it may; and though it ihould be admitted, that Rear-Admiral Campbell 'v right in fuppofing me to have got more to leeward in the morning of the 27th than I was the night before ; yet I truft, that this will be no caufe of B 4 cenfure •i mmk ( 9 ) ejenfAjre of me, unlefs it (hall appear^ which I think impoflible, that my being too far to leeward wa^ owing to fome negligence or inattention on my part. Sure I am, that I was ever ftudious .to keep my ihip, where I thought the Admiral's motions required her to be ; nor have I the leail reafon to fuppofe, that my officers were wanting in exertions to fecond my en- deavours, and obey my orders for this purpofe. . .^ As to my condudl in the engagement itfelf, it was fo unexceptionable, that the moft bitter of my ene- mies do not complain of it. Confequently, to enter into a very formal juflification of this part of my conduA would be giving unnecefTary trouble. How- ever, I doubt not but that the Court will be attentive to the ihare I had in the engagement; as well be- caufe the proper difcliarge of my duty, whilft the a£lion lafied, may entitle me to ftrong prefumption^ in my favour, as becaufe it will account for the extraordinary damages to my fhip, vhich materially relate to the defence of my fubfequent condufl. ^ With a \lew to this, I beg to be indulged with a few words relative to the time of a£Uon itfelf. I went into adion under very iingular difadvan- tages ; for, whatever might be the intention of the fignal for moft of the Ihips of my diviiion to chace to windward, the efFed produced was feparating fo pany of my divifion from me, and from each other, that, i ( 9 ) that, during the time of adlion, I had not one fliip near enough to fupport me. Both the other flag officers were fupported in the a£tion by all the (hipg of their refpedive diviflons ; and the Admiral's own divifion was further aided by the junction of fever^ (hips of mine. But the fignal for chafing left xm with only two ihips in any degree near me; and thefe, by the chafm from the want of my other ihips, were at too great a dillance, to take off any of the enemy's fire, the nearefl: fhip a-head of me, being half a mile from me, and the neareft aftern, 9. mile ; except for a few minutes at the latter end of the a£):ion, when one of the fhips aftern of me fhot dofe up to leeward of me. Before I began firing on the enemy;. I lacked my mixentop/ail, and it loas kept fo the hole time I luaspajpng the French line j which, by retarding my progrefsy enabled me to give the French more of my firs, and confequently was the caufe of my receiving more from them. The firft fhip I became clofe engaged with, was the firft or fecond Ihip a-head of the French Admiral ; after which I fucceflively pafTed the remainder of the French center, and the whole of their rear; and that no fhips might efcape my fire, I hauled my nuindt to cloje *with the tivo fiernmofl Jhips of the enemy, which ap- peared to have kept more to windward than the pther fhips I pafTed, and not to have been engaged before* Tpr- TPWiPfWP^ pin^i)pifp.|W«.mnnninH»' wp^ I'l'i^K' ' wv'i^wr^p"*'>ip*!ifiMini"fody of the fleet, as I was then alone. At this period arifes the fecond article of charge againft me, for the origin of which I am alfo in- debted to Rear- Admiral Campbell ; for it was he who firft faid, that, as the iignal for the line at a cable's length afunder was then flying on board the Yiflory, and fhe was on the larboard tack, I ought to have continued on the fame taclc, and alfo ahead of the Admiral, that being my flation in the line on the larboard tack. But the faA is, that we on board the Formidable did not fee the fignal for the line till we came abrealt of the Viftory. That fignal being at the mizen peak, and the Vi6lory {landing end-on towards the Formidable, it was impoflible that we fhould fee it Iboner. It was alfo invifible to us on board the Arethufa, the repeating frigate; for fhe had been called in from proceeding to her ftation, and kept near to the Vidlory, Captain Marfhal being aftually on board her. This brought both fhips into the fame pofition in refpeA to the Formidable, and ren- dered it equally impoflible to fee the fignal on board of either. I believe that I am quite accurate in flating the pofition of the Viftory and Arethufa, at the time ..^^:- Xam ms ^^^^^'^^^fSKr^ mmmmwmm "Twn^^^""PiHfiP"^?'"T"^^ ( u ) I am rpeaking of, that is, from the fecond time of the Formidable's wearing till flie pafled the Viftory. Captain Marflial, having been firft called by fignal, and then hailed, had been an hour on board the Viftory ; a very extraordinary circumflance, as it ap- pears, that there were no orders for him, and his being nuith the repeating frigate out of her ujualftaiion, during ft critical a time., deprived me, and probably fome others, of the full opportunity of feeing the Hgnal for the line. At all eventSi lam certain, that in point of fa£t I never faw the iignal for the line till we were abreafl of the Victory, though I continually dire£ted my attention to her; nor was it feen by any of my officers. This v^l appear the lefs extrordi- nary, when it is confidered, that Sir Robert Harlknd never faw it, whilii: on the larboard tack; though his fituation on the Viflory's weather-bow rendered it indifputably more probable, that he fhould fee it, than that I ihould, when right a*head of the Admiral. Captain Laforey alfo acknowledges, that he did not fee the fignal for the line, whilfthe was on the ftarboard-tack, and the Victory on the larboard, till he paiTed the Vi£lory« It is material to obferve» that whilft I was (landing towards the Vidory, no ibips were formed in a line ahead or aftern of the Admiral ; nor was there any other indication of the Iignal for the line being flying ; for it had not been enforced, either by the fignal for feeing particular fhips 'out ( >s ) out of their ftations, or by the fignal for particular fhips to make more fail ; both which iignals, being at the maintopmafthead, might have been feen by us, though the fignal for the line was invifible. But if I had feen the fignal for the line, my wearing and approaching towards the Vi£lory on a contrary tack would have been juftifiable; becaufe, as I have already ex- plained, the fignal for battle was hauled down, and the Viflory, with the Vice-admiral of the Red and his fhips, had (hortened fail ; and at the fame time» I faw the French fleet wearing to come on the liar- board tack, and three of their fhips pointing towards me. Under "heCe circumftances, it appeared to me, that, if I had not wore again, and flood to join the ViQory and the reft of our fleet, the three fliips of the enemy, which pointed to me, would have had it in their power, to have feparated me from the reft of oar fleet. My danger at this time is apparent, even from the evidence of Admiral Keppel himfelf. About the time of my wearing, he made the fignal to wear ; and though he was confiderably more diftant from the enemy, than the Formidable was when flie wore, he fays, that hefiould ntt have defirved th* name if an officif, if be had not were ; founding himfelf on the circtunftances of theenemy's forming their line upon the larboard tadc, and his line's not being formed. This was only a little before the time, when Sir Robert Har land t »6 ) land at a former trial defcribed Admiral Keppel to beinl fo much danger, that, feeing him, as Sir Robert faidj unfupported, and within the power of the whole French force then ailern of him, he was coming down to fapport the Admiral, without waiting for orders. If then it would have been fo dangerous for the Yi&orj to have continued on the larboard tack, what muft have been the confequence, if my (hip, alofie, and /o much nearer to the enemy ^ had remained there ? But notwithftanding all thefe circumftances to juflify me for wearing the fecond time, and advancing to join the Vi£tory, the Admiral, in his evidence, could not help betraying his inclination to blame me; and Rear Admiral Campbell, ever induftrious to attack me, goes a ftep further, precipitately and decidedly im- puting to me a pofitlve difobedience to a fignal» -which I neither did nor could fee. This is the mors obfervable ; becaufe Admiral Keppel acknowledges^ that when I pajfed the Viiiory, there was no other Jhif with her, notwithfianding the Jignal for the linet and that mine was the laft fhip which pa/fed him ; and further, that he then faw no poffibility of forming the line on the larboard tack, and had therefore made the fignal to wear, which the Formidable had al« ready executed. Yet he approved of all the other Jhipt which paffed him, but blames me. How is this par- tiality to be accounted for, otherwife, than by fupi*^, pofing • -* A '*iil^i&S.'St»*r:" ( 17 ) pofing both Admiral Keppel, and Rear Admiral Campbell* to be influenced in their reprefentations of my conduft by ill-will towards me ? One other obfervation only feems neceflary on this head, which is, that the Admiral himfelf confefTes, that my 'wearing the fecond iimt, coming on the ftar- board tack, and joining him, did not prevent his re- newing the engagement t or prodife any other ill effeSl, and was fo far from interfering wi.h his views at the time, that I was only doing ch.it which he was on the point of doing. A little before three o'clock, the Formidable pafTed to leeward of the Vidlory ; and in pafling the fignal for wearing /r/? opened upon us, and then the fignal for the line. The latter was foon after repeated by me, notwithflanding the doubts, which may have arifen from its not having been obferved by feveral of the witnefles examined againft me. The faft of my repeating it is not only mentioned in the Formi- dable's log-book, but will be proved by the officers of the fhip, particularly the Midfhipman, whom I appointed to repeat fignals, and by other witnefles. It will alfo be further proved, by a very remarkable piece of evidence, which probably never would have occurred to me, if a member of this Court had not alked one of the witnefles, whether a gun was not fired, as it ought to be, when the flgnal was repeated. This queftion led me to call for the gunner's expence- C book ^W¥" fm { i8 ) book of the Formidable, where, to my great Tatif^ faftion, r found a mod corroborating evidence of our repeating the fignal for the line; namely, an exprefs charge of the expence of powder for the gun fired on the occafion, which appears to be the lad gun fired from my fhip on the day of aflion. The gunner's cxpence-book I Ihall have produced, for the infpeftion of the Court j and I hope, that thi"?, with the other evidence, will remove all doubts about a faft, which fome of the witnefles againft mc \i2i\t fo pojitively denied. I (hall alfo prove, that the fignal for the line was kept flying till it was dark ; except for a fhort interval, during which, it was ihifted to make the fignal, for fljips to windward to bear down into the Admiral's wake, the firft time of hoifting, more confpicuous, in the fame manner as was done on board the Viftory. As to the fignal for wearing, it was not repeated by me ; becaufe, being already on the ftarboard tad:, as that fignal required, I deemed the repetition improper. Rear- Admiral Campbell, on the trial of Admiral Keppel, /poke as in doubt, whether the figaal for wearing was made till after I had pafi!ed the Viftory, faying, that the Vidlory did not wear till a quarter of an hour after pafiing on the larboard tack and to wind- ward of the Formidable, which, to the beft of my recolleflion, is allowing much too long a time ; for it ( «9 ) it appeared to us on board the Formidable, that the Viftory wore almoft immediately after pafllng to windward of us. But the purfer of the Arethufa, who took the written minutes of ftgnals on board the repeating frigate, makes this fignal for wearing to the (larboard tack to have been up half an hour ; as by his account it was hoided at half an hour after two; and Captain Marihal and the mate of the Arethufa agree with him that it was not hauled down till three. Confequently it was up a quarter of an hour before I pafled to leeward of the Vidkory, even though Admiral Campbell fhould be correal in fup* pofing, that it was fo long as a quarter of an hoar after the Vi^ory's palling us on the larboard tack» before fhe wore. Within a few minutes, or to adopt Admiral Campbell's reckoning, a quarter of an hour, after the Formidable's paffing the Viftory, whilft the latter was on the larboard-tack, flie wore and repaiTed to leeward of the Formidable, and very near her. Here it is proper to take notice of a veryftrong charge of difobedience to Jignalty which my enemies have repeatedly urged againil me, with the utmoil confidence, and which has been the great cau/e. Both tfthe late trials and all my prefent fufferings. The charge, as iiril flated in the public prints, was, that the cau/e of Admiral KeppeVs not re-attacking the French at halfpafi three in the afternoon wot my not joining C 2 himt ""WSfiPPF' wmf/mimmmmm^iiimm 'jgging» as I reprefent. But I appeal to the experi- ence of fea-officcrs, whether a fhip, with any fail fct, in moderate weather, will not eafily wear, or when going large, as eafily flieer out of the way of other fhips, though not able to keep nvay ivith another Jhip carrying more fail than Jhe is capable of fetting^ which was the cafe of the Formidable with refpeft to the Vidlory. Another adverfe attempt has been to fhew the pofition of the Formidable, when fhe became to windward of the Admiral, to have been fuch, that by bearing away, fhe might at any time hAve fetched into her ftation. One or two of the officers of the Viftory have accordingly placed me in or near the wind's eye of my ftation, faying, that they faw me almoft on the Viftory*s beam. But none of them pretend to have fet the Formidable by compafs ; and they have been moft pofitively contradided by Cap- tain Bazeley, and the Matter of the Formidable; both of whom have teftified, that Ihe was left by the Viftory at the diftance of three miles, and about three points on the Vidory's quarter, and one mile to windward of her wake, which, together, throws me a mile and a half aftern of my proper ftation in 6 "the ■F mm mmmt ( 3' ) the Admiral's wake. They will be confirmed in this by my other officers , and are more likely to be accurate in their obfervation ; becaufe it was their bufmefs to regulate the motions of my (hip by thofe of the Vidlory, and they had my orders to keep the latter a little open on the former's lee-bow j whereas thofe, from whom they differ fo widely, had no par- ticular reafon to be nicely attentive to the relative pofition of the two Ihips. Captain Marfhal alfo, who appears to have been generally very accurate in his obfervations, corroborates the pofition of the Formidable, as defcribed by my officers, where he explains the relative fituation of his own fhip, in refpedl to the Vidlory and Formidable, when the Fox was fent with the mefiTage to me. But what ftill further expofes the extravagance of placing me in the wind's eye of my ftation, is, its being contra- difted by Admiral Keppel and Rear Admi-al Camp- bell. The former is very vague in defcribing my pofition. But as nearly as I can underftand him, his remark from the couch does not tend to make me more than four points on the Viftory's weather- quarter; which, in cfFeft, agrees with Mr. Camp- bell's account. Such being their idea of my pofition, it differs c»ly one point from the account of my officers ; for the latter place me three points on the Vidory's weather-quarter, and it imports little to my defence, which are mofl correal, when it is confidered, that whether I was three or four points on the Vifto- y 's weather- ( 3» ) weather-quarter, 1 was, in either cafe, far aftern of my ilation in the Admiral's wake, and confcquently, could not fetch up to it, except the Vidlory had fhortened fail, or till I was able to fet more fail than the Viftory. It will fcarce be objcfted, that I (hould have bore down into the Admiral's wake before I had got up to the length of my flation. But left it fliould, I fubmit to the Court, that, as the Admiral did not bring to, but was conftantly encreafing his diilance, it was officer and feamen-like to keep to windward of my ftation, till I coulu get near the length of it, and was able to preferve it when re- covered. The courfe I (leered to reach the length of my ftation, if it could have been effefted, would have brought me within half a mile to windward of it; and bearing down into the Admiral's wake fooner, would have been both an interruption to the (hips already formed, and adling contrary to the fignal for the line then flying, which, being more commanding than the other, controuled it. I have been fo long in vindicating myfelf, again ft the charge of difobedience, imputed to me, for not being able to keep my ftation according to the fignal for the line, that I am very unwilling to trouble the Court with any other remarks on ihis part of my cafe. But the unrelenting invention 3 ad ingenuity of my enemies compel me to requeft a little further in- dulgence on the fame point. From the purport of fome WP ( 33 ) frmb parts of the evidence, I can plainly fee, that it is intended to lead the Court to confi^ler me as the caufe of increafing my diftance from the Vidory. One mode, of encouraging fuch a fuppofition, is; that we continually keptclofe to the wind, whilft the Viaory was going largi". But the real fad is far otherwifc. The courfe of the Formidable was South the whole afternoon, which was a point or two from the windi Our log fo Hates the courfe ; and it will be corroborated by the teftimony of my officers. The ' Viftory's log fal/efy repre/ents her to bwue laid to from one to four o'clock ; and thisfal/ehoodivas acknoiulcdged by her Mafter on the late trial. But during the reft of the afternoon, her log defcribes her to have fteered South, two points from the wind, till fevert in the evening, v^^hen flie is made to go South South Eaft two miles, and afterwards to haul clofe to the wind. This Ihews, that we fteered the fame conrfe as the Admiral, and fo furnifhes an anfwer to the vague and contradiftory account of our always hugging our wind. The truth is, that we never kept clofe to the wind, but always fteered with the Admiral in the fame diredlioni a little under our lee, which led us after him on the fame courfe with him, and without altering our polition from him» except by an increafe of diftance ; and even, if we had been inclined to hug the wind, as is fuggefted, the bad ftate of our braces and bowlines would not have allowed it. The u neareft. ""wpppi mm/mm^ ( 34 ) nearert, we kept to it, was a fhort time after tht Ad- roiral's pafling us to leeward, which was done, as I have mentioned before, that the Red Division, when they pafled under our ftern to occupy the rear, might have room to effeduate their movement, without any interruption from the Formidable. Another objeflion, aiming at the fame conclufion, is deduced from a comparifon of the Viftory*s log with the Formidable's, as to the rate of failing. The rate marked in the Formidable's log, from four in the afternoon, is, for the firft hour, two knots two fathoms ; from five to fix, three knots ; and from fix to feven, three knots four fathoms. The Viftory's log for the fame hours is uniformly two knots each hour. From this difi^erence the argument attempted is, that my (hip out-failed the Admiral's ; and there- fore that it was my fault, if I did not keep up to thcr length of my ftation. On the fuppofition, that the two logs were accurately marked, and that there was no evidence to impeach their correftnefs, I am not afraid to acknowledge, that there would be force in this reafoning. But it would be a dangerous ex- ample, if Courts Martial fiiould give implicit credit to the marking of log-books ; more particularly, when the attention is neceflarily fo much otherwife en- gaged, as it mull have been at the time in queftion, when we had been in aftion with the enemy, and liill continued in fight of them for further engage- ment. ( 35 ) inent. A man muft be little accuftomed to navat engagements, who in fuch critical and bufy moments expefts great accuracy in marking either the rates of a fhip's failing, or any other particulars ; and what commander of a ftiip would he fafe^ if his life and honour were to be decided upon by fuch an uncertain and fallible tell ? Former Courts Martial have been fo aware of this, that, though it is ufual to call for log-books to infpeft them, they are not in ftriflnefs confidered as evidence ; and fo Admiral Byng was told at his trial. But notwithftanding log-books fhould for the prefent purpofe be received as admif- fible evidence, the danger of being much influenced by their contents will be the fame ; and in the parti- cular inftance of the Viftory's logj befides the general tfhje^liott, many /pedal reafons occur to difluade rely- ing upon it. None have pretended, that her log was hove, fo that the rate of failing is mere guefs. The log defcribes the Vidlory to have laid to in the after- hoon of the 27th from one o'clock till four ; during which important hours^ neither the rate of failing nor courfe is marked. But the Mafter, and other officers of the Viftory, at the trial of Admiral Kep- pel, and now, acknowledge that flie did not once lye to in any part of that afternoon ; and this fafl: is Alfo acknowledged by Admiral Campbell. The Viftory's log makes the fecond time of hoifting the fignal, for fhips to windward to bear down into the D z Admiral's mtm '. ','i/i!.^iMPB(,™ain.jyi..ip,ji t 36 ) Admiral's wak?, half an hour after four. Ba'y though exaftnefs, as to the time of hoifting this fignal the fecond time, is of great confequence to a proper nriderllanding of the tranfadions of the day, yet the time is grofsly mif-ftated : for it has been proved by the written minutes taken on board the Arethufa, and the concurrent teftimony of Captain Marfhal, and his purfer, that the real time was thirteen minutes after fix. Again, the Viftory's log mentions, that the fignals, for the Prince George and Bienfaifant to chace the three French fliips, were made at fouF in the morning of the 28th, and that they were called in at nine, which fuppofes them to have been chacing fi've hcurs. But it is notorious from the evidence given at the late trial, and it appears from Captain Macbride's evidence on the prefent one, that thef« two fliips were called in nvithin half an hour after the fignal for chacing was made. Thefe errors and falfifications, whether innocently introduced or not, are fufficient to deflroy the credit of the Viftory's log-book. But there is yet a great deal more to impeach its authority as to the rate of failing. Though the Vi'' "^"■iill ( toard the Formidable. Had the Admiral thought the Ihips of my divifion in a condition to come into their (lation in the line /ooner, why did he delay hoifting their pendants //// /o late an hour? It is alfo obfervable, that the pendant of the Formidable ivas not cmongfl thofe hoijied. Next comes the raefTage to me from the Admiral ]by Captain Windfor in the Fox j and as my enemies have made the fuppofed difobedience of it fo frequent a topic of accufation, it is necefTary, that I fhould confider the circumftances relative to it in a very par- ticular manner ; in doing which I muft be deluded by the moft unaccountable mifappreheniion and error, if I am not able to faljify the Jiory about this mejfage almoji from beginning to end. To examine all its parts with the minutenefs, which is requifite to difappoint the unwarrantable inferences from it, I beg the at- tention of the Court to the time offending the mejage, the time of its being deli'uei'ed, and the iMords of it. Admiral Keppel in his defence on the late trial, aflerts, that he fent the meffage at five o^ clock. Cap- tain Windfor, who carried it, and other witnefles, have fworn even to an earlier time. But they are all falfified by the concurrent tellimony of Captain Mar- Ihal, Mr. Graham his purfer, Mr. Cawfey mate of the Arethufa, and the ^written minutes of the purfer, taken nuhen the fignals luere repeated % — evidence, ^hich Mr. Keppel himfelf cannot controvert w;ti» any < 42 3 Any grace, after the great encomiums he has Co jaftly paffed upon the extraordinary accuracy of Captain Marflial in repeating fignals. If Captain Marfhal, his two officers, and the minutes in writing taken by his diredion at the time, are to be depended upon^ more than other witnefles /peaking from their mer* recoUeSliorif the fignal for the Fox to come within hail of the Vidory to receive the meffage was not made till thlrty-tiuo minutes after Jive y that is, above half an hour after it is reprefented by Mr. Keppel, his officers, and Captain Windfor, to have been de- livered. If Captain Marfhal, whofe ftation was three miles to voiudnvard of the ViSiory's beam is to be cre- dited. Captain Windfor could not have lefs than that diftance to go before he could come within hail of the Viftory to receive the meffage, and muft have been half an hour in going to her ; and the written minutes taken under the dire£Uon of Captain Mar- fhal prove, that Captain Windfor did not arrive within hail of the Viftory in lefs than half an hour ; for they take notice, that the fignal for the Fox was hauled down at three minutes after fix. Thefe fads together demonflrate, that the time of Admiral Keppel's fending the meffage was, not at five or a little before y but a little after /Ir.— — Mr. Keppel, ffeaking on his oath, has faid, that he called the frigate, which carried the orders to Sir Robert Har- laad to go to his proper flation in the van, and which ■■ { 43 ) which was the Mllford, at the fame time that he called the Fox to carry the meflage to me. This leads to fixing fi've as the hour of fending the pieflage by the Fox. But Admiral Keppel is moil direftly contradifted by Captain Marfhal and his purfer alfo fpeaking on oath, and their written mi- nutes ; according to which the Milford's iignal was made ten minutes before four, and hauled in thirty- three minutes after four ; but the Fox*s fignal was not made till thirty-two minutes after five, and not hauled in till three minutes after ^jf. In other words, inftead of Mr. Keppel's fending thefe two frigates at or about the fame time, there was a difference of an hour and a half between difpatching them. This ftriking error in antedating the difpatch of the mef- fage by the Fox one hour and an half may, as I can plainly fee, be convenient to the plan of my deftruc- tion. But how it is otherwife to be accounted for, is the bufinefs of Mr. Keppel to explain. I hope, for his own fake, that he confounded the Proferpine's fignal with the Milford's. The Proferpine's was hoifted twenty-two minutes after five, and hauled vci two minutes after fix; as appears from the fame written minutes taken on board the repeating frigate. This brings the Proferpine and Fox within hail of the Viftory one minute after each other. But unfortunately for Mr. Keppel, the Milford, and not the Proferpine, was )t ( 44 ) was the frig.ite fent with tlie orders to Sir Robert Harland ; nor can Mr. Keppel avail himfelf of the apology I have thus created for him, ivithout facri- fcing the credit of Captain Windfor, Captain Berkeley, Lieutenant Bertie, and thofe officers of the Viftory, particularly Admiral Campbell and Mr. Rogers, who have as pofitively fixed fending the Fox at a fo much earlier time in the afternoon ; nor without acknow- ledging the truth and accuracy of the officers of the Formidable. The time of delivering the meflage fent by the Fox, is falfified in the fame extraordinary way, as the time of fending it. Captain Windfor, who carried the meflage, fwore at the late trial, that he came within hail of the Formidable, and delivered the meiTage to me nearly about half an hour after five ; and being queflioned at the prefent one to the fame point, he repeated the fame words. But the Court is in pof- feffion of that, which 'abundantly proves, that Cap- tain Windfor is ftill grofsly erroneous in /peaking of time. It is already fiiewn, that he did not receive the meflage //// after fix ; and he allows he was half an Jiour in getting to the Formidable, which, with- out more, renders his delivery of the meflage to me at about half an hour after five impoffible. But other circumftances concur to difprove the evidence of Captain Windfor in a ftill greater extent. He allows liimfelf only half an hour to carry the mefl*agQ. But the IWF" ^"■^pp the Foririldable is proved to have been three points on the Vidory's weather-quarter, and three miles d'tjiant ; and Captain Windfor acknowledges, that to fetch the Formidable, he made a circuity going ta lee'ward of all the Jhips of the center divijlon^ nuhich ivere formed afiern of the ViSioryy and ivas forced ta change his tack. All this fo increafed the fpace he had to traverfe, that, th. jgh he went fx or feven knots as he calculates, it mull have required confiderably more than an hour before he could reach me. This poftpones the time of delivering the meflage till hetiveen feven and eight in the evening, and cone- fponds with the account of my officers ; who are all pofitlve, that the Fox did not come within hail of the Formidable till near or about fun-fet^ which, on the 27th of July, and in the latitude of Ufhant, where we then were, is a little after half pajl feven. Other corroborating proofs that this was the time I received the meflage, are, that we had repeated the blue flag the fecond time of its being hoifted, which was at thirteen minutes after fix ; and that we had alfo re- peated the pendants of particular fliips of my diviflon^ which, by Captain Marflial and the written minutes taken on board his fliip, were not hoifted till thirty -fix minutes after fix, a confiderable time before the Fox hailed us. It is further afcertained by the circum- ilance of our not being able to bend our foretopfarl till a little before eight \ in doing which, both Cap^ tain ( 46 ) tain Windfor and Lieutenant Bertie obferved us to td employed, whilft the Fox was near the Formidable. Thus from the evidence of Captain Marfhal, whofe moll juilly diftinguiflled accuracy as a repeater of iignals the Court has heard fuch warm encomiums apon ; from the written minutes taken on board his ihip at the timt ; and from a combination of circum- ftances, not gleaned without great labour and difficulty out of the great mafs of evidence on the late and prc- fent trial ; the refult is, that a melTage fworn to have been delivered to me at half pafi five, was not really delivered till half paji feven. How material the error of two hours in ftating this mefTage is, will flrike every one, who hears me, when it is recolledled, what an influence time has on the fuppofed import of the meflage. If the meflage was delivered at half an hour after fi've, it might not have been too late to re-engage, had fuch been the Admiral's intention, and other circumflances independent of time did not oLHrufl him. But at a quarter of an hour after fevett in the evening, that is, a quarter of an hour hefori the meffage reached me i it is confefled by Mr. Campbell to have been fo late, that the Admiral had then ^iven up all thoughts of re-engaging^ There is almoft as great a difagreement about the words of the meffage, as about the times of its being fent and received. According to Captain Windfor, Lieutenant Bertie, and the officers of the Yiflory, th# ( 47 ) the melTage delivered to me imported, not only, that the Admiral nuanted the Jhips of my di'vifton to come down into his wake ; but further, that it ex- tended to me as well as the fliips of my divifton, and that he luaitedfor me to renenju the aiiion. Thcfr^ part of the meffage I acknowledge receiving. But I deny, that the meflage, repeated to mc. mentioned cither me^ or the luaiting for me to re-engage ; and the few on board my Ihip, who • 'ere prefcnt when it was delivered, agree with m* in tlicir account of it ; for they fay, that it was fimply confined to the Ad- miral's wanting the fhips of my divifion. On this contrariety of evidence about the words and import of the meffage, it is the office of the Court to decide, who are bell intitled to bc'ief, and which of the two reprefentations carries with it mod appearance of probability. But it may not be improper to fubmit to the CourC fome few confiderations, againil yielding to the feem- ing weight of evidence, for the terms of the meflage, as it is ftated againil me. The witnefles, who have fpoken fo poiitively to mentioning, that the Admiral waited for me to re- engage, ^and eomjtded of the groffefi errors in their relation both of the times of receiving the meflage, and of the time of delivering it ; in the former more than one hour^ in the latter, more than iiuo hours. They own too, that they fpeak the words entirely .p«5!W,w'." ( 4« J fvim mefhtryy never having committed them to wri- ting. But, how can the Court fafely truft to lYie frail memory of perfons thus exceedingly erroneous; as to the time of the meflage, for the nvords of it, in preference to thofe, againfl whofe teftimony ntf fuch objeftion lies ? The Admiral luas not njoaitingfor me ; nor had hfi been waiting any part of the afternodn ; but, asi Admiral Campbell acknowledges, the Viftory had been the whole afternoon under the fame fail, which was more tlian the Formidable could carry, till her foretopfail was bent, which was not till about eight o'clock. How improbable is it, that Admiral Keppel ihould fend me a mefTage to tell me, that he was waiting for me, when he was not waiting ! As it has been afTerted, that he had been waiting for me and my divifion the whole afternoon to re-engage, and fo early as half an hour after four was become ^wearied with fruitlefs expectations, what was the reafon, that no enforcing fignal was made either for me or my divifion, till thirteen minutes after fix ? Why were the fignals for particular ihips of my di- vifion poftponed till thirty-fix minutes after fix ? As I judged, it would have been unreafonable to expedly that my divifion, which had fufFered fo particularly in the adion, and were lateft out of it, fhould be fit to take their flations in the line fooner ; and from his condud in not making their particular fignals till IWi''**^-"**!''^^"*' ^'i^mmmmmm mmmm mmmm ( 49 ) till fflofe thaA half an hour after fix, it feems as if the Admiral was of the fame opinion. If the Ad^ miral was diflatisfied with not feeing thefe laft fignals immediately complied with, why did he not exprefs his difappointment by going a ftep further, and making fignals for them to make more fail ? In re- fpeft to my fhip, the particular Jignal for it nuas newi^ made. But if my being out of the line was fo unac- countable to him at half an hour after four, why did he omit to make my particular fignal two hours aftert vjrhen he calldd in the* fliips of my divinon ? If he was fo impatient to re-engage, and I was the ob- ftacic, would not making my particular fignal have been a more expeditious way of informing me, than, fending a mefiage which took up more than an hour in carrying ? If he meant to be delicate, as he pro- feffes, would not the ftlent and difguifed cenfure of a flrong fignal- have been equally expreffive, yet more delicate than the harjh and coarfe language of a trimming meflage ? If the obje£l of the mefTage to me was to renew the engagement, why was he fo long before he fent it, that it could not reach me, till con- fiderably after the lateft time in the evening fixed by himfelf and his friends for another adlion ? Other circumftances, which operate againft the idea of an intention to re-engage in the afternoon of the 27th, and confequently againft a mefiage to that cfic£t, might be enlarged upon ; fuch as fuffering the E Van f ( so ) Van diviiion to occupy my poft next the enemy till *- after five;— the late hour of the Red divifion's re- ^> fuming their proper ftation in the Van }— the impro- bability of meaning to renew the engagement with my difabled, unrefitted, and fUll difperfed divifion, - inftead of Sir Robert Harland's frefli and colle^led ihips ; and the incomplete forming of the Centre divifion even after fix. But it would be almofl end- lefs to purfue thefe topics; and therefore I haften ^' to a more decifive indication of the defigned import <■ of the meflage, I mean. Admiral Keppel's own comment. In Admiral Keppel's public letter about the en- gagement, he declares, that he allowed the French to re-form their line in the afternoon of the 27th, ' with an cxpeAation that they would try their force with us the tuxt morning. Is not this language an avowal by Mr. Keppel, that the next morning was the time he had in view for rerengaging ? The log- book of the Viftory is of the fame, tendency ; for it takes notice of preparing to remetv the engagtment at Jay-iigbt the next morning ; but is without one fyllable about renewing the a^ion the preceding afternoon. When it was firft inferted in the public prints, that the meflage to me was to fignify, that the Admiral waited for me and my divifion to renew the a£lien, I appealed to Mr. Keppel to proteft me againil fo cruel a mifreprefentation ; alking him, v/Iiether it was ■^PWp|!pi|HI,Ml.,IW Ml IM ( S' ) vfzi poflible, that he ever fbould fend me Aich % znefTage ; and though he declined doing me the full juftice I expeded, yet he would not fay, that he had fent fuch a mefTage, but replied in thefe remarkable terms, I am told that fuch tuords txere ufed. But if he had been convinced, that fuch was the me/Tage, would he have helicated avowing it, would he have referred to the report of other perfons ? His language «/m oeub is of the fame undecided, ambiguous kind. He *will not fay^ that he fent that meffage. He cannot truji to his otun remembrance of it. He cannot ex^ffly recoiled the nuords. He leaves the labour and hazard of recolledUon to his own officers ; particularly to Admiral Campbell, whofe ill offices I have expe- rienced in a great variety of inftances. But what- ever the terms of the meflage were, whether it was for my divifton to come into their ftattons, or whether it was that ^e Admiral waited for me and my divi* fion CO renew the engagement, I truf^, that I fhall be found to have done all that could be expeded at the vciy late hour I received it. Whatever might be the Admiral's intention, when he fent the meflage to me, it did not come to me till after that time was pafled, at which Rear-Admiral Campbell confefTes, that the Admiral had relinquifhed every idea of a further engagement till the next day. Convinced that a night engagement was not the objed of the Admiral, it only remained for me to continue my £ 2 efforts ( 5« ) .cfForts for completing the repairs of the rigging, more efpecially in fetting my foretopfail ; in whicji I was {q fuccefsfuU as to get into my ftation in the line, and to be quite ready for aftion again before day-light in the morning. As to fending a mejage to inform the Admiral of my inability to get the length of my ftation, making a Jtgnal of diftre/s, or Jhifting my flag, they did not ftrike me at the time as either neceflary or applicable to the circumftances under which I afted ;. nor do I yet know of any rcafon, which, on a review of my iituation the evening of the day of the-engagemen^, Ihould induce to fuch an opinion. But I have air ready expended fo much time in my obfervations on the fubjeil of the meflage, that I find myfelf force4 to poftpone the particular reafons, which may evince the propriety of my not adopting either of thofe meafures, till the dofe of the examination of my witneffes, when I hope to be indulged by the Court with a hearing of fuch further remarks, as Ihall then appear neceflary for my final juftification. After the meflage, I know of only two other ar- ticles hinted at againft me, which require the leaft notice ; and in refpeft to them very few words will be neceflary* One is, that I did not carry my diftlnguiftiing lights the evening of the 27th.— But my witnefles, particularly, fome whofe bufinefs it was to attend th& z light5. ?!^," W!P.M'!'.I "" |I1W:WMIJ1|II.1/1 111 :l !■ WIIW!,W|I.JlL.lll ll).;! UllJIUll.illi, ( S3 ) lights, will prove the faft of my carrying all of them. When this matter was firil queHioned, I ' xeally thought it probable, that the toplight was not kept burning ; becaufe I recoiled being told of fome difficulty about it from a wound the lanthorn had re^- ceived in the a£lion, and that I obferved it was of no great confequence. But I gave no orders to counter- mand any of the lights ; and always took, for granted, that my ftern light was kept burning the whole night. The remaining article relates to the fituation of my Ihip at day-break the morning of the 38th.— Sir Charles Douglas, from an obfervation he made at the dawn of day, conceives, that he then faw my Ihip greatly ahead of my ftation in the line. But though I have not the leaft doubt, that he fays what he believes to be the truth, yet I am perfuaded, he muft have miftaken fome other fhip for mine. In the courfe of the trial, I (hall examine fome witneffes to prove, that I really was aftem of the Admiral at the time, when it is fuppofed that I had got ahead $fhim, I now draw near to a conclufion for the prefent, ^laving only to remind the Court, in what light Admiral Keppel viewed my behaviour on the two ■days, to which the Court's enquiries are limited, before the commencement of thofe differences, fronji Tvhich the prefent trial originates, E 3 The liiiite&eA''. WW*T^1i^P"lll ■jn,i,V\|iflWS^J!!SP ^'> ( 54 ) The day but one after the action I Vifited the Admiral on board the Victory. He received me with his uAial marks of regard, friendfhip, and confidence, without the moft diftant hint of being diflatisfied with the leaft part of my condu£t. On the contrary he communicated to me the dranght of a letter he intended to fend to the Admiralty, Cither the fame or one very little different from that afterwards publifhed in the Gazette. He dlfcoarfed with me on feveral parts of the letter ; and when he came to the part, in which he praifes Sir Robert Harland and me by name for 9ur Jpirittd behaviour y he faid, that he thought it bed to mention it in a general way without particularizing ; and this came from him in fuch a manner, that I thought he alluded to my ihip'a having been fo much more engaged, and having fuftered fo much more, than Sir Robert Harland**. Is it poffible, that Admir.4 K" ,. Ibonld be capable ofyi mutb duplicity ^ as to ha'/e tbos commended nte in a poblic letter in the fame ample intntrer as Sir Robert Hairland, and to have thus communicated with me on t^gfubjeft of it, if he had then entertained the Icaft ill opini«iuj£ ppy part of my conduft ? In this Court, Mr. Keppel, being on his oath, endeavoured to ^notify his commendation of me by narrowing it to my behaviour in time of a^ion, and Jpeke as if his letter nans fo expreffed. But the Utttr itf elf contains ntftuh ^ualiftation ; and I did not ( 55 ) not wonder to fee him under emhtirrajfmentt when he yi iifingtnuot^y tndta'O^urid to contnul tht tfftii of his open fraife^ by having recourfe to fecrel and mental re/trvatiott. Soon after we anived at Plymouth, Mr. Keppel received a letter from the Secretary of tha Admiralty, which contained his Majefty's approba- tion. of my conduft repeated in Mr. KeppePs own words, and exprefled to be founded upon his reprc- fentation. This letter was alfo Ihewn to me by Admiral Keppel. Before we left Plymouth for the fecond cruife, he wrote a fccond letter to the Admi- ralty, in which he once more includes me in the praife and commendation of the officers under him. After fuch unqualified and deliberate a£ls of appro- bation of my conduft on the 27th of laft July from Mr. Keppel, as I have here enumerated, it will be difficult for him to account for his prefent cenfures of my condudl on the fame day, without either fixing on himfelf a charge of the greateji duplicity, or of fufFering his evidence on oath to be influenced by the ipirit of anger and revenge. Here, Gentlemen, I clofe my defence for the prefent, furrendering both my life and honour into the hands of the Court, with a full affurance, that I fliall meet with the fame protcftion from you> as each would expeft from his brother officers in a like fituation ; and that you will not allow truth and £ 4 innocence ■"^4 ( 5^ ) innocence to be made a facrifice to the a'ameur and Mi/i of party, or to the prejudiced teHimony of perform a-vt^edly aaing from the didtates of pri'vate malice. Gentlemen, I will detain you with only one fen- t^nce more.-My mind fees no mfdium between life V^ith entire honour, and death 'withouf j and I ardently yifli, that your judgment, be it what it will, may b^ ^'ire^d by the /am alternqti've. S I R Sir HUGH PALLISER*. ADDRESS to theCOURT, ON THE CLOSE OF THE EVIDENCE. Mr. President^ and Gentlemen of the Court, ' I ** H E examination of my witne/Tes being now ■*' concluded, I intreat, that the Court will per- mit me to add, to the Defence I have already offered, ibme confiderations, which either have not yet been fubmitted to your attention, or have not been en- forced fo fully as their importance may require. I feel, how much I have already exercifed the patience of the Court; and therefore I am extremely averfe ta intruding any further matter upon them. But I have fo much at flake on the iffue of this trial, and the fiftivity of my enemies has been fo confpicuoufly exerted ' iJ,n^>!iJI'Wifl|ilW||iJi_i»lli|UiUli ( 58 ) exerted to fix blame upon me, even where I deemed my innocence mod invulnerable ; that fhould I, from a dangerous excefs of confidence, pafs over any points, however immaterial they may fometimes have appeared to me, which my enemies have eflayed to ftrain.into importance, my iilence might be mifunderftood, and a conviction of the obvioufnefs of the fubjedi might be fufpeCted to proceed from a dread of inveftigation. Many quefUons have been afked about the practi- cability of my fhifting my flag ; and it is ta the ho- nour of the Court, that they have been fo affiduous in examining to a point, on which my enemies have fo often laboured to ground a cenfure of me. In my lafl addrefs to the Court, I only fpoke generally to this head. But I will now open my mind upon it with particularity. The imputation for not fhifting my flag refers to the twenty-fifth article of the lighting inftruClions, the words of which are, that " if any flag fliip be ** difabled, the flag may go on board any ftiip of his '< own fquadron or divifion." By this inlb-uftion it is clearly optional in the flag officer to fhift his flag or not, according to drcum- fiances ; and in my fltuation the afternoon and evening of the day of aClion, {o foreign and inapplicable did the inftruflion appear to me, that, I own, nothing eoold be more diflant from my thoughu at th« time, than the idea of ftiifting my flag ; for which I fob* :S mit ( 59 ) mit to the Court's better judgment the foHowihg reafons. The battle wm ovtr and the fignal for battle hauled down ; the immediate renewal of the aftion by the Admiral, when I had wore clofe to the enemy, having been declined, for prudential reafons, the propriety of which I have no right here to call in quedion. — We were not furfuing an enemy ^ tier fteering ttnuards me. But the Admiral, as he defcribes his own mo- tion in refpeft to the French, had nnore and laid hit Jlem to them. On firft defcribing this manoeuvre, which the Admiral ftated to have been for colUiling the Jhip$y he fliled it an appearance to run afway. But recolledling himfelf, he afterwards, on the Judge Advocate's reading thefe latter words, well obferved, that it was better to omit them in the minutes ; and his wifties were con.plicd with.— The enemy was not coming to attack us^ but vvas forming to leeward of our fleet.— I knew, that my fhip would be refitted and ready for adlion by day-light next morning ; and every motion of the Admiral indicated to me, that he did not intend to re-attack before the morning. My reafons for this opinion were many, and are already before the Court. In fubftance they are, the Red di- vifion's leaving the rear between five and fix ; the un- collected and unrefitted Itate of my divifion at that time and during the reft of the afternoon till night ; the incomplete forming of the center divifion ; the diftance imi I I'll .Jn» 1,1,>»HI,'|.»>W' ( 60 ) £ftance of the French fleet from us ; the late hour of the Red divifion's getting into their ftation ahead ; and the Admiral's never (hortening fail, till eight o'clock in the evening, to give the Formidable and Vengeance, and other crippled (hips, the opportunity of colleAing and gaining the length of their flations in the line. Thefe circumftances, it fliould alfo be recollefted, receive the ftrongeft confirmation from the Admiral's public letter and the ViSlory's log-book,"- Befides, to the fhifting of my flag many things would have been efTential. I muft have fhortened fail, and laid to, which would have thrown me at a much greater diflance from my ilation. We mufl have new- reefed all the tackle-falls, and repaired all the geer necefTary for hoifting out boats ; which would have retarded the work going on for fetting more fail. The fhip, to which- I fhould have fhifted my flag, muft glfo have laid to, and this would have kept her more aftern and out of her ftation. The moving from^ one fhip to the other, with my fignal-colours, necefTaries, and attendants, is an operation, which would have required, as I conceive, fome confiderable time. • All this being confidered, fhifting my flag might have produced great inconveniencies, by increafing the Formidable's diftance from her ftation, and alfo keeping another fhip out of it. But I know of no good purpofe, which could have been anfwered. Nor do I conceive, that our naval hiftory will fumifh ( 6i ) Ml inftance of a fl;ig officer's fliifting his flag under fuch circumflances. As to the fignal for the line's being out, it is far from necefTarily proving an intention of immediate renewal of the adllon. The inference in this refpeft from a line depends on circumflances. If the Ad- miral had been flanding with his fleet towards the enemy, I agree, that the indication would have been llrong indeed ; and, as in that cafe I certainly fhould have concluded, that his obje^ was to haften on an engagement before night; fo, without doubt, I fhould have been forward to infure my having a pro- per fhare of the glory of a fecond adion, either by endeavouring to bear down to engage the firfl fliip of the enemy I could have fetched, or by fhlfting my flag ; of whiqh meafures I fhould have preferred the one, which would have been likely to bring me into a£lion foonefl and mofi cfFe£lually. This afTertion, I expeft, the more credit in; becaufe it is in proof^ that, early in the afternoon of the day of a£lion, though my fhip came lafl out of the engagement, and was the moft damaged, yet I wore fo inflantly, and fo clofely to the enemy, that my fhip was nearer to the French fleet to renew the fight, than tho Viftory or any other .fhip of our fleet. But the Ad-» miral was not flanding towards the enemy. He had ^ut his Hern to then ; and there were all the other indications i 1 ( 6j ) I indications I have already defcribed to fliew, that the line was forming, not for an immediate renewal of the fight, but to colleft all the fliips for adion early the next morning. And here I beg leave to talcs notice of a circumftance, which corroborates my idea of the Admiral's intention. At the late trial I propoftd it as a queflion to a witnefs; whether, ficm the motions of the Admiral, and his public letter, the witnefs did not infer, that there was no intention to re-engage till next day. The Admiral ilrenuoufly refilled the putting fuch a qucfHon ; and the Court over-ruled it. This circumftance will be found in page 33 of the trial printed by authority. But I do aik, whether any thing could more evince the Admiral's confcicufnefs of the fenfc conveyed by his own words, than fuch a dread to hear the conllruflion of them ? In the courfe of the trial, it has been afked, whether I made any fignal of diftrefs. The twenty- lecond article of the fighting inftrufltons explains what this fignal is ; and then the twenty-third article points out, how other ihips are to »£t, when fuch a fignal is made by flag Ihips^ vud it is thus exprefled. " If the Admiral or any flag (hip fliould be in diilrefs ** and make the ufuai fignal, the fliips of the fleet " are to endeavour to get as clofe up into a line *' htwtsn him and the enemy as they crn, having *' always an eye to defend him, if the enemy fliould ** come mm. ( 63 ) '* come to annoy him in that condition.'* But taking thefe two articles together, I fubmit to the Court, that they are only applicable to flag and other fhips, which meet with Tome material difafler, during battle, and when hard prefled by the enemy ; as is plain from the terms, which fuppofe, either an enemy to be aAually attacking, or to be at leaft advancing for the purpofe. The ficuation of the Formidable was not of this kind ; for, though ihe was fo much aftern, and to windward of her ftation* file was far from being within the meaning o^ the iignaly the enemy not making the leaft attem|>t to annoy her after ihe had joined the Vidory, but on the contrary being more to leeward of the Formidable than the body of our own fleet. In refped to fending a frigate to the Admiral, to inform him of our not being able to keep up with him, I had no frigate to fend till about eight o'clock, as mull appear to the Court from the evidence of Sir William Burnaby ; which flicws, that early in the afternoon the Milford, being the frigate belong- ing to my divifio.'- was called to t.ie Vidlory by Agnal, and was emr toyed by the Admiral. But if (he hr*u not been fo employed, I know not for whut purpofe I ihould have fent her to the Admiral ; for I concluded, that the condition of the Formidable was fo apparent as to make a n-.eflage unnecefl'ary ; efpecidly ( 64 J tfpelclally as he omitted to throw out my Jhip'' s pendant* with the pendants of the fhips of my divlfion. I fhall now take a fhort notice of fome few other things, as they feverally occur to me. I had brought to the remembrance of the Court many ilriking afts of approbation of my condudl by the Admiral, for the fake of contrafting them with the criminating tendency of his evidence to this Court. There wanted nothing more to expofe fuch inconfiflency ; Bor did I look for more. But chanctf has thrown othir matter in my way. Sir William Burnaby's account of the Admiral's fending his com-'' pliments to me, and of the converfation about me the day after the engagement y is a new proof, how well fatisfied he was with my condufl at that time. If he had thought me difobedient, would he have been fo eager in fending his compliments to me, or fo ready to exclaim with a fort of feeling for me, that I had received more damage than any of the fleet ? It gave me fmgular fatisfadlion to fee, how clearly the proofs of my having my diftinguifliing lights burning in the night after the a£lion came out at lafl. The two men, who had the care of the lights, fwore with fo much particularity and fo convincingly, that all doubts apparently vaniflied in the minds of thofe, who heard their evidence. My obligation to the honeit fimplicity of thefe men is very great \ becaufe by :t mmmmmf 1 JUfU ■!..'< pn ( 6S ) by confirming the lefs pofitive teftimony of other witnefies, it takes from my enemies a topic of abufe, which was fo long flighted by me, and fo induftrioufly circulated to niflead the public opinion concerning me, that it had at length grown into a ferious accufation. I am alio glad, that it has been in my power to produce pofitive teftimony of the repetition of the fignals ; particularly the flgnal for the line, v.'hilil I was within my ftation. Very impartial perfons have, I believe, entertained a doubt on this head. But I flatter myfelf, that it is entirely removed. I was myfelf quite certain that the fignals were repeated ; becaufe I was particularly obfervant of flgnals the whole day ; and if I thought, that the fad was flill doubted, I fliould be induced to call a a witnefs, who could fpeak very pofitively to the point of flgnals, but ftands in fuch a relation to me, and has been fo conftantly attendant on me in Court, that I am not willing to call him, unlefs there is aa abfolute neceflity. The dangerous (late of the foremaft of the For- midable, which was the great impediment to our carrying fufficient fail to keep up with the Admiral, is a point of great importance to the clearing my character from the imputation of not uflng my ut- moil: endeavours to preferve my flation. I was there- fore very anidous to give the Court the fulleU expla- F nation Xff w^"*- ■■^^-w^*'''-?*'' ( 66 ) nation on this head; and though the Carpentci fpoke confufedly, in refpeft to the time when he firft knew of the rottennefs of the maft, yet my Captain and the Lieutenant, who attended on the forecaftle, have given fuch ample teftimony of our having known of the rottennefs of the maft at the time, that I truft the faft cannot be. doubted by any un- prejudiced perfon. I well remember being informed of the condition of the maft, and the anxiety I was under from the confequential delay in bending our foretopfail. On the trial of Admiral Keppel, much animad- verfion was made on log-books. But in the courfc of the prefent, it has appeared, how very little de- pendence is to be had upon entries in them, of tranfaftions in the time of aftual engagement, or during the bufy moments of preparing for further adlion. If I was difpofed to retaliate on thofe, who have heretofore made fuch ill-natured remarks on the log-books of particular fliips, the logs of Ad- miral Keppel's and Sir Robert Harland's fhips, and the examinations of their feveral mafters, furnifli ample fcope for the fe verity of animadverfion. But it is not requiflte for my defence to fay more, thaii that I truft the Court will not allow my innocence to be affe^ed by fuch uncertain and contradiAory re- cords. V ' l9 ^\f ".U,* W^"*^""! ^fP^MMPPP ( 67 ) Jn the courfe of Admiral Keppel's evidence, he took care to difclaim being an accufer, and to thank God, that he was not fo. But did the tenor of his evidence correfpond with this declaration ? Was not his evidence criminating in almoft every part ? Have not he and his friends all joined in the accufation of me ? Ha've they not fealcd their accufation luith their tejiimony upon oath ? Shall the of en accufation of others, however growing out of felf defenciy never be forgiven; and zfecret accufation, 'vainly attempted to be fujiained by the accufer* s oath, efcape all cenfure ? — It is not fit, that I fhould purfue the comparifon further. —Let the hearts of thofe, who hear me, feel the reft. It is now time to leave the Court to their own judge- ment of the cafe before them. If I have omitted any thing material, their wifdom and humanity will fup- ply it. If I am miftaken in any of my fafts, or in my reafoning upon them, their candor will corredl the error, without haftily imputing to me an inten- tional mifreprefentation. Mr. Prefident, and Gentlemen of the Court, To conclude, I flatter myfelf, that, as, at firjly Admiral Keppel's commendation of me, procured me the approbation of my Sovereign ; fo your honourable acquittal of me, wcw, will diflipatc the cloud of prejudice, and reftore me to the good opi- nion of my country. F 2 I /.is. ,Jin,wj»»Uii l"iW^wip»Hiii»i HI ■"-•nT»^'»W(HIp|pppp5H«T'i»ltii'»"i^W wmmmmmiit ( 69 ) A T a Court-Martlal aflembled on board his Ma- -*^ jefty's fhip the Sandwich in Portfmouth harbour the 1 2th of April 1779, purfuant to an order from the Lords Commiffioners of the Admiralty, dated the 3d day of April 1779, and dircfted to George Darby, Efq; Vice-Admiral of the Blue, and fecond officer in the command of his Majefty*s Ihips and vcffels at Portfmouth and Spithead, and held by adjournment every day afterwards (Sundays excepted) till the 5th May following, for the trial of Vice-Admirai Sir Hugh Pallifer, Bart, vix. PRESENT, George Dar9y, £fqj Vice-Admiral of the Blue, Prefident, Robert Dicbt, Efq; Rear-Admiral of the Blue. Captains Sir Chaloner Ogle, Richard Kempbnfblot, Joseph Peyton, William Bayne, Mark Robinson, Adam Duncan, Samuel ■ i/'W'.'WimWPpaiBPWr r^w ( 70 ) Saiv;vel Granston Goooall, James Cranston — till the clofe of •■ the third day, from which time he was unable to attend on ac- count of ficknefs. Robert Linzee^ John Colpoys, George Robinson Walters. The order aforementioned having been accompanied with the original Minutes of the Proceedings of the Court-Martial lately held for the Trial of the Honourable Auguftus Keppel j and reciting that it appears by the faid Minutes that feveral matters were given in evidence at the faid trial refpefting the conduA and behaviour of Vice- Admiral Sir Hugh Pallifer on the 27th and 28th of July laft, which demand flridl examination : The Court proceeded to examine witnefTes touching the faid feveral matters, and to try him for the fame ; and having maturely conftdered the whole— alfo what the prifoner has alleged in his defence, together with what has been given in upon evidence in fupport thereof — are of opinion that his condud; and behaviour on thofe days were in many refpefts highly exemplary and merito- rious : at the fame time cannot help thinking it was incumbent on him to have made known to his Com- mander in Chief the difabled flate of the Formidable, 4 which &gi ''>pwHii|ppfPnni«i^^i^M<«9Piiii«OT«^^*«*''*w«"^