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.”