as there was a commodious hall belonging to it, and proper apartments for the officers who were to be the judges.

imagined would be liable to no objection, | other occasions, in which a Bill had been suffered to go through its several stages in one day; the motives for bringing in the Bill carried along with them such reasons for dispensing with the common forms, as would render any further explanation unnecessary. It was his intention, therefore, if no special reasons were urged to the contrary, after his present motion should be complied with, to move the other stages of the Bill that day.

The Solicitor General next moved a clause, tending to grant a power to the court, of excluding strangers at discretion, for the better preserving order and decorum at the trial. This was opposed, and in the end withdrawn.

The Speaker said, the court would of course have a discretionary power to prevent such a crowd as might interrupt the trial; courts of justice always had; therefore no provision was necessary; and any restrictions calculated to exclude persons of any denomination, would be contrary to the first principle of the English law. The doors of all courts of justice, as well as places of public worship, must be open; and all his Majesty's subjects had an equal right to be admitted, as long as room could be found for them without incommoding the court. When the Bill had gone through committee,

Admiral Pigot gave his reasons for bringing it in, out of respect to the preservation of so valuable a life, which the public might one day want again. He then recapitulated the services admiral Keppel had performed for his country in the last war, and concluded with some professional remarks on the action off Ushant. He said the admiral could not have acted otherwise than he did; the French for four days avoided coming to an action, and if our admiral had attempted to draw up his fleet in the usual line of battle, he could never have come up with them at all, they were so much to windward of him; and what would have been said, if he had returned into port without exchanging a shot? The whole country would have been in an uproar and confusion.

The Bill was afterwards passed.

The Bill was then read a first time; after which the duke moved the second reading.

The Lord Chancellor objected to the motion. He said, it was a standing order of that House, that no Bill, without very special reasons, should go through more than one stage in one day to depart from that rule, without the full assent of that House, which in fact would amount to a rescinding of the standing order, was what, as long as he had the honour of presiding there, he would never consent to. In the first place, the necessity pleaded, in his opinion, did not exist; nor was there any communication from the other House whatever; so that he was totally ignorant of the grounds of the necessity. He must likewise add, that the change made in a law of long standing, and which had been framed on motives of the soundest policy, ought not to be assented to in the manner proposed. He should therefore oppose the second reading.

The Duke of Bolton was ready to agree that a standing order could not be dispensed with, without an universal assent; and therefore could not say a word more in support of his motion. He had adverted to that rule when he first rose, and was ready to acquiesce. Such being the case, he would move the second reading to morrow, after which he should move, that the Bill be committed for Monday. On that day he was determined to propose some alterations, on which acKep-count he should move, that the Lords be summoned for Monday next.-Which was agreed to.

Debate in the Lords on Admiral pel's Court Martial Bill.] Dec. 18. As soon as the Bill was brought from the Commons,

The Duke of Bolton rose, and moved that it be read a first time. His grace observed, that the Bill had gone through the other House, and received its sanction through its respective stages in one day. It was a mode of proceeding, he acknowledged, unusual, but not unprecedented; for an instance had happened, in the course of the last session, and on some

Dec. 21. The Duke of Bolton moved, that the House do resolve itself into a committee on the Bill. The committee being accordingly formed, his grace proceeded to shew several reasons why he thought the cause whence the necessity of the said Bill arose, had originated in the most factious motives. He observed, that the Admiralty-board acted in a most rash,

partial, and precipitate manner; and had given just cause to the public to suspect, that they grossly abused the powers with which they were invested by the law. He proceeded next to descant on the personal conduct of sir Hugh Palliser, and said his accusation was the effect of envy, malice, and revenge; but was called to order by The Lord Chancellor, who remarked, that the question before the House was in what manner a Bill, which had come from the other House, and had received a second reading here, should be modelled, if thought necessary; or if no alteration were necessary, to let it pass under the form in which it appeared. He presumed, that every lord present at the second reading, had approved of the principle of the Bill, otherwise they would have testified their disapprobation of it in that stage. For one, he included himself in that number; and therefore was resolved not to oppose the principle of the Bill. When he said this, however, he begged leave to remind the noble duke, that it was both disorderly and indecent to introduce extraneous matter into the debate; extraneous, because the House had no cognizance of either the accusation made by sir Hugh Palliser, or the probable truth of that accusation; indecent, because the asser-law, or for applying a remedy in any tions of the noble duke went to à constructive charge of criminality against the accuser, and the Admiralty-board. He thought that such a mode of conduct was not only unfair and ungenerous, but would operate directly the reverse of what was intended, and hurt that cause it was meant He urged farther, that he had the honour of knowing the honourable person who was the party accused; and was well convinced, that nothing could possibly be more offensive to him, than any thing which might bear the most distant appearance of a pre-judgment of the real merits of his cause, or lead the public even to suspect, that it was intended that extrajudicial opinions should have any influence upon those who were to decide upon his real grounds of justification. His lordship then proceeded to take a view of the Bill, and the object proposed to be attained by it. As to the Bill, he would be better pleased that it had been framed upon general principles of expediency, than framed solely for the purpose of applying it to a particular case. It would leave an opening for similar applications, and the defect in the law, if any existed, would still remain. But, no op

position being made to the principle of the Bill in either of the preceding stages, he was not now at liberty to oppose it. Under the reservation, then, that the Bill. was a proper Bill for the purpose for which it was framed, namely, on account of the precarious state of health of the party to be tried, he should, in the course of the committee, propose such alterations, as appeared to him correspondent to the spirit of the Bill, and move to leave out whatever seemed to be an unnecessary departure from the professed object of the proposed remedy, or went to supersede the existing law in any other particular but that in which it was avowed.-Before he proceeded farther, he begged leave to make a few remarks upon the preamble. The preamble states, that Mr. Keppel's state of health, and the severity of the season at which the court-martial is to be holden, &c. are the grounds for altering the law, and changing the usual place of trial from shipboard to shore. By the little he could learn of the general usage of parliament, and from the knowledge he attained by being for several years a member of the other House, he always understood, that when a preamble stated facts, as a motive for changing an old

to serve.

given instance, the facts were always proved, and the House in which a Bill took its rise sent a transcript of the evidence, or made some communication sufficient to satisfy the doubts of the House to which it was sent. At present their lordships neither had the proofs, nor had they received any communication whatever which might answer as a substitute for them; consequently the Bill, under its present circumstances, wanted not only the sanction Bills of this nature called for, but one of its most substantial requisites. If, on the other hand, the preamble had stated generally, that the mode of holding courts-martial on shipboard were found to be inconvenient, and that a power had been vested in the Admiralty-board, pursuant to this general assertion, it would be competent for parliament to delegate such a power. Here the case was different; Mr. Keppel was described to be in a bad state of health; the Bill proceeded on that idea, and provided a particular remedy for the purpose of preventing the probable inconveniency which might arise from that circumstance, without adducing a syllable of proof to satisfy their lordships of the truth of the facts.

t

House. All the inconveniencies so accurately stated by the noble earl, and all the dangers so forcedly described, had however been since approved of. Mr. Keppel had been ordered to prepare for trial; and that very board at which the noble

ing this accusation into that species of existence, which could only render it an object of a court-martial. His lordship concluded with passing high commendations on the public, private, and professional character of the hon. admiral, whose health was the object of the present Bill. It was in his opinion every way unexceptionable; and he made no doubt, would meet with their lordships' hearty approbation.

The Earl of Coventry did not mean to speak to the point of order urged by the noble lord, nor to the particular propriety of the Bill, without the proofs of its necessity. But he could not avoid observing that the conduct of the noble lord over the way (Sandwich) seemed extra-earl presided, had been the cause of callordinary. He did not know that it was quite within order to allude to any thing that had fallen in a former debate; but he did not doubt when the noble earl, whose sentiments he meant to bring into the recollection of the House, should hear what relation they bore to the present Bill, that he could have no possible objection to be reminded of them. The first day of the session, when several noble lords pressed for an enquiry into the causes of the want of success in our naval and military operations, the noble earl at the head of the Admiralty, speaking particularly to the affair of the 27th of July, declared without the least reserve, that he was certain there was no ground of censure; that both the admiral and vice-admiral had performed their duty; that if an enquiry should take place, he was convinced the event would fully prove the truth of his assertion; and that nothing could be likely to prove more fatal, in the present critical situation of affairs, than an enquiry of any kind, as such an enquiry would in all probability sow dissentions in the navy, retard our naval operations, and call some of our ablest officers from the discharge of their professional duty, by which means the public service must greatly suffer.-The noble earl had emphatically declared that if any enquiries should be set on foot (which he hoped would not be the case) that they ought to be general, and not directed to the conduct of any one officer. The good sense which appeared in what was offered by the noble earl on the occasion, gained a ready admission into his mind. It carried great weight at the time; he could not therefore help now expressing his sorrow and astonishment, that the same reasons had not operated with equal force on the noble earl himself; they had scarcely a transient credit with his lordship, for one of his first official acts, after this public declaration, was in direct contradiction to his own professional sentiments. His lordship had reprobated a general enquiry, and had adopted a partial one. Such was on that day the language of the noble earl in office. How different to what had since happened, he would submit to the [VOL. XX. ]

The Earl of Sandwich acknowledged the general facts stated by the noble lord, He still retained the sentiments he had declared the first day of the session: he had never a second opinion upon the matter, and most sincerely lamented that any en quiry was ever set on foot. It was totally against his judgment and approbation that it ever was. He was aware of the mischiefs it might cause, and the certain inconveniencies it must create; nor had he the least notice of such an accusation being intended to be made till he saw it in writing as an official paper before the board; seeing it there, he had no choice; he must receive, he could not reject; and, as a member of that board, was, from the na ture of his office, compelled to act upon it. He presumed there was nothing extraordinary nor inconsistent in this. As a lord of that House, as a minister, he wished no such charge had ever been brought forward; but as a member of the Admiraltyboard, his duty over-ruled his opinion, nor was he at all responsible for the consequences. The noble earl, who reminded him of what passed upon a former occasion, could not therefore raise any conclusion to justify a charge of contradiction; and, if his memory served him right, nothing passed but relative to a particular enquiry; as to a general enquiry, for his part he was ready and willing to meet it. He was for a general enquiry on the first day of the session, he still remained of the same opinion; nay more, he was certain that a general enquiry would take place. Their lordships could not be ignorant that there were more charges behind, and he could assure the House, that nothing would be left undone on the part of the Admiralty-board, which might expedite a full and proper [H]

enquiry. No charge had as yet appeared temporary disgrace of a public trial. He against the vice-admiral of the blue. He so far agreed with the noble and learned stood before the nation hitherto in the lord, that he thought it extremely improlight of an innocent man. The Board per to bring any matter before the public was already in possession of more than relative to the conduct of the admiral, or one testimony in favour of his conduct in his accuser, while the point was at issue: the affair of the 27th of July. The hon. any thing which might prejudice the par admiral himself had included him in the ties, or make any unfavourable impression general approbation of all the officers under on the public. The law was open; the his command. The Admiralty-board tribunal was known; and there only could could not go upon hearsay; they must it be properly decided. He had all along act conformably to certain rules, and avoided giving any opinion on the subject, abide by a settled system. The approach- either public or private; and endeavoured ing enquiry would lead to farther en- all in his power to prevail upon his friends quiry; and as soon as the grounds of to adopt the same conduct, particularly farther enquiry came properly before the when informed that a motion was intended board, the board would act consonant to to be made respecting the vice admiral; the powers with which they were invested, upon that occasion particularly he laand in strict obedience to the rules pre-boured all in his power to dissuade those scribed in such cases by the legislature. who communicated the matter to him, to He repeated, that he extremely lamented drop it till a more convenient season, when the enquiry which gave birth to the pre- the whole subject, combined with all the sent Bill. He knew it might do much motives and collateral circumstances which mischief at this particular crisis, and could it involved, could be fairly and fully con prove of no one substantial benefit to the sidered together. public; but he could only express his re- He would say nothing of the high de gret, for it was not in his power to prevent serts of the hon. admiral who stood ac it. It would have been extremely impro- cused; they were written in indelible chaper in him, to pretend to decide what the racters in the hearts of his grateful counevent of a trial would be, while he re- trymen; nor would he deny the just trimained ignorant of the proofs which were bute due to the professional merit of his to be adduced in support of the accusaaccuser. He had often mentioned his tion. He had done no more than act with name with honour in that House; he had the other commissioners. As he was the heard much of his personal courage, and first commissioner, it might be presumed, had seen him run the most rapid race of that he had more power than the rest, and preferment. He did not, however, think, exerted his influence on the present occa- that his late conduct would add much to sion. He could assure their lordships, his fame and reputation. His criminal acwhatever influence he had, he did not ex- cusations, and prosecution of a deserving ert it, but had merely set his hand to the superior officer, might not prove so sucorder for trial, in compliance with what he cessful as his naval enterprizes. He there thought an act of indispensible duty. fore sincerely wished, for the sake of the The Earl of Shelburne was truly asto-vice-admiral himself, that instead of his nished at what he now heard. It was not proper, as he understood from the noble lord, to set on foot the present enquiry; he always disliked it; but gave no opinion as to a general enquiry, in which, he presumed, it was intended to include lord Howe, admiral Barrington, and others. Admiral Keppel had saved this country from certain ruin, if not conquest. Lord Howe had saved Rhode-Island, and admiral Barrington Antigua, and the rest of the Leeward Islands, by disobeying his instructions: yet these were the men that the noble earl thought fit objects of public enquiry these were the men whom the Admiralty-board and ministers thought deserving of public accusation, and of the

traverse and retrograde courses, he had continued to pursue his usual track, and directed all his manœuvres by the rules of plain sailing. His abilities and personal prowess were not denied; but he feared that he had been led on to do what his better judgment would forbid. There was something very dark and suspicious; something of a complexional blackness, that would, upon a close examination, be found, he believed, highly deserving of punishment. The nation, injured and insulted as she was, would call loudly for such an examination; and it would behove those who had perverted the power of administering justice committed to their care, to satisfy that House and the public, that