Part 5

John Hall, writer in Edinburgh, was returning from the country one evening in the beginning of September, with the prisoner and other two comrades. When they came nigh the West Port, the prisoner went to a house for his cloak. In the meantime three soldiers came up with the defendant and his companions. He cannot be sure what answer the soldiers made when asked what o’clock it was; but the prisoner called out to them, “You rascals, what answer is that to give to gentlemen?” On this the soldiers drew their bayonets, passed the witness, and went up to the prisoner. In a little he heard the clashing, and saw the glancing of swords, upon which he went up to the combatants, and relieved the prisoner of one of the soldiers with whom he was engaged, and very soon after he heard one cry “Murder!” He then went off, and on his way he called at the house of one Widow Lindsay, who told him that the prisoner had been there with his sword drawn, and had left word that he had gone home, whither the witness followed him. He found him sitting pensive and exceeding sorrowful, expressing his fears that the soldier had got a mortal wound. One deponent saw blood on his sword, went with him next day to Lauriston, and, when they heard that the soldier was dead, the prisoner clapped his hand on his thigh and was greatly agitated.

Two surgeons swore that they found the deceased run through the body with a small sword; that the wound was mortal, and he died of it the next day.

The jury found the pannel guilty of manslaughter. The Court sentenced him to be hanged, and his personal estate to be forfeited.

This was certainly a harsh sentence, for the prisoner was clearly not guilty of that killing which amounted to and merited the penalty of murder; and so Mr. Arnot thinks; for in his work he observes on this trial, that “to condemn an innocent man to death by the sentence and forms of law has been looked upon as one of the greatest of moral evils.”

It is satisfactory to find that in a few years after this gloomy period a better feeling arose between civilians and the military in England and Scotland. The splendid victories of Marlborough brought back the old _prestige_ that attached to British troops, and made the people again look on them, in the light they have ever since done, as the gallant and glorious supporters of the might and fame of the British empire.

THE TRIAL OF ADMIRAL BYNG.

The Hon. John Byng, an Admiral R.N., was the scion of a family already of high public reputation, when it was rendered illustrious in our naval annals by this admiral’s father, whose services to his country should have at least saved his son from the extreme measure of severity which was so cruelly and so unfairly dealt out to him.

This family, the Byngs of Kent, whose brilliant achievements on sea and land obtained for them a viscountcy and an earldom, both still existing—those of Torrington and Strafford—is of ancient origin, and was of note as far back as the reign of Henry VII. One member of the House, Dr. Robert Byng, was vice-chancellor of the University of Cambridge in the time of Queen Elizabeth; and another, Thomas Byng, serjeant-at-law, was counsel to the same university. George Byng, Esq., of Wrotham, Kent, was M.P. for Rochester, and subsequently for Dover, in the reigns of Queen Elizabeth and James I. He was great-grandfather of Sir George Byng, the illustrious admiral, the father of John Byng, the unfortunate subject of this trial. Admiral Sir George Byng, the hero of the Battle of Cape Passara, and of many other hard-fought and successful engagements, well deserves a niche in our naval temple of fame. He was a man of high spirit and honour, and of great sagacity and daring. No British officer of his time rendered more service to the cause of the Revolution or better sustained the House of Brunswick; and when his victory of Passara had annihilated the navy of Spain and forced that country to a peace, King George I. was loud in his gratitude to Byng, and, on creating him Viscount Torrington in 1721, prefaced the patent with the following preamble:—

“As the grandeur and stability of the British empire depend chiefly upon knowledge and experience in maritime affairs, we esteem those worthy of the highest honours who, acting under our influence, exert themselves in maintaining our dominion over the sea. It is for this reason that we have determined to advance to the degree of peerage our trusty and well-beloved councillor, Sir George Byng, Knt. and Bart., who, being descended from an ancient family in Kent, and educated from his youth in the sea service, hath through several posts arrived to the highest station and command in our navy by the strength of his own abilities, and a merit distinguished by our predecessors and ourselves, in the many important services which he has performed with remarkable fidelity, courage, and success. In the late vigorous wars which raged so many years in Europe—wars fruitful of naval combats and expeditions—there was scarce any action of consequence wherein he did not bear a principal part, nor were any dangers or difficulties so great but he surmounted them by his exquisite conduct and a good fortune that never failed him.... Lately, when new contentions were springing up in Italy, and the discord of princes was on the point of embroiling Europe again in war, he did, with singular felicity and conduct, interpose with our squadron, crushing at one blow the laboured efforts of Spain to set up a power at sea, and advanced the reputation of our arms in the Mediterranean to such a pitch, that our flag gave law to the contending parties, and enabled us to resettle the tranquillity that had been disturbed. It is just, therefore, that we should distinguish with higher titles a subject who has so eminently served us and his country, both as monuments of his own merit and to influence others into a love and pursuit of virtue. Know ye, therefore,” &c.

The next sovereign, George II., no less acknowledged Lord Torrington’s merit, having made him first lord of the Admiralty, and having expressed to him on many occasions how indebted he and his royal predecessor were to him. After this, the way in which George II. abandoned this great man’s son to the clamour of his enemies, seems as startling an act of ingratitude as the desertion of the earl of Strafford by Charles I.

Sir George Byng, Lord Torrington, died in 1733, leaving by his wife Margaret, daughter of James Master, Esq., of East Langdon, Kent (which lady had the good fortune to die the year before the trial of her unhappy son), a family of five sons and one daughter, of whom the two eldest sons were successively Viscounts Torrington. Robert, the third son, was ancestor of the eminent line raised to the peerage as earls of Strafford; and John, the fourth son, was the Admiral Byng of this trial; and to his career I now come.

The Hon. John Byng, fourth son of Lord Torrington, was born in 1704, and when thirteen years of age, entered the royal navy under his father’s auspices. From this time forward he seems to have been in constant active employment, and to have behaved creditably on all occasions. He was made an admiral in 1745, and he that year did good service to the Crown while commanding a squadron off the coast of Scotland, by effectually hindering any supplies of consequence being landed for the use of Prince Charles Edward and his followers. In 1755, Byng was sent in command of a fleet consisting of twenty-two ships of the line, two frigates, and two sloops, in a cruise to the westward, in hopes of intercepting the French squadron under the famous Duguay, and also the squadron of La Mothe, in its return from America. Byng, however, returned to Spithead, without having been able to effect anything, though it was allowed by all that the admiral had acted judiciously in the choice of his stations. No blame was then fixed on Byng, but this non-success was harshly remembered by the public when greater adversity fell upon him; and that happened soon after.

France and England had been acting hostilely to each other for some time prior to the 18th April, 1756, when the French invaded the then British possession of Minorca, and war was formally declared between the two nations. Thus began that great contest which was to end so gloriously for this country with the conquest of Canada; but like most great contests in which England has been engaged, not forgetting the Peninsular and Crimean wars, the Government in the beginning was but little prepared for the majesty of the enterprise. The Newcastle, a feeble administration, ruled England, and Pitt, the future Lord Chatham, was in open opposition, awaiting with eagle eye the moment when he was to swoop and seize the reins of government. The following account of the weak conduct of the Ministry, as given by Smollett, graphically describes the state of affairs:—

“Under the cloak of an invading armament, which engrossed the attention of the British nation, the French were actually employed in preparations for an expedition, which succeeded according to their wish. In the beginning of the year, advice was received that a French squadron would soon be in a condition to sail for Toulon: this was afterwards confirmed by repeated intelligence, not only from foreign gazettes, but also from English ministers and consuls residing in Spain and Italy. They affirmed that the Toulon squadron consisted of fifteen or twenty ships-of-the-line, with a great number of transports; that they were supplied with provisions for two months only, consequently could not be intended for America; and that strong bodies of troops were on their march from different parts of the French dominions to Dauphiné and Provence, in order to be embarked. Notwithstanding these particulars of information, which plainly pointed out Minorca as the object of their expedition, notwithstanding the extensive and important commerce carried on by the subjects of Great Britain in the Mediterranean, no care was taken to send thither a squadron of ships capable to protect the trade, and frustrate the designs of the enemy. That great province was left to a few inconsiderable ships and frigates, which could serve no other purpose than that of carrying intelligence from port to port, and enriching their commanders by making prize of merchant vessels. Nay, the Ministry seemed to pay little or no regard to the remonstrances of General Blakeney, Deputy-Governor of Minorca, who, by repeated advices, represented the weakness of the garrison he commanded in St. Philip’s Castle, the chief fortress on the island. Far from strengthening the garrison with a proper reinforcement, they did not even send thither the officers belonging to it, who were in England upon leave of absence, nor give directions for any vessel to transport them, until the French armament was ready to make a descent upon that island.

“At length, the destination of the enemy’s fleet being universally known, the Ministry seemed to rouse from their lethargy, and, like persons suddenly waking, acted with hurry and precipitation. Instead of detaching a squadron that in all respects should be superior to the French fleet in the Mediterranean, and bestowing the command of it upon an officer of approved courage and activity, they allotted no more than ten ships-of-the-line for this service, vesting the command of them in Admiral Byng, who had never met with any occasion to signalise his courage, and whose character was not very popular in the Navy; but Mr. West, the second in command, was a gentleman universally respected for his probity, ability, and resolution. The ten ships destined for this expedition were but in indifferent order, poorly manned, and unprovided with either hospital or fire-ship. They sailed from Spithead on the 17th day of April, 1756, having on board, as part of their complement, a regiment of soldiers to be landed at Gibraltar, with Major-General Stuart, Lord Effingham, and Colonel Cornwallis, whose regiments were in garrison at Minorca, about forty inferior officers, and near one hundred recruits, as a reinforcement to St. Philip’s fortress.”

Byng, after arriving at Gibraltar, wrote to the Lords of the Admiralty, loudly and justly complaining of the state of the magazine, supplies, and other preparations there. He besides signified his opinion that even if it should be found practicable, it would be very impolitic to throw any men into St. Philip’s Castle at Minorca, as it would only add to the number that must fall into the hands of the enemy. These unpleasant reflections are supposed to have irritated the Lords of the Admiralty, and to have led them to shift the blame from themselves upon the officer who had thus dared to complain of their conduct.

The result of an expedition so wretchedly arranged might almost be anticipated. The failure was sad indeed. Byng sailed from Gibraltar, and discovered the French fleet off Minorca, then sorely pressed by the invading French forces, under the Duke of Richelieu. The admiral did not attempt to land any troops there. He, on the 20th May, 1756, made a signal to bear away two points from the wind and attack the enemy. The second in command, Rear-Admiral West, found it impossible to obey this command, but bearing away with his division seven points to the wind, he fell on the French ships opposed to him with such impetuosity, that had he been, it was urged, promptly sustained by the rear under Byng, a complete victory, in all probability, would have been the consequence. This, however, was not done. Byng, from his anxiety to preserve his line entire, kept so far back, that he took little part in the engagement. The French admiral, M. le Comte de la Galissonnière, captured no English ships, but seemed well content to avoid a closer fight, and went off at his leisure. On the following day the two fleets were no longer in sight of each other, and Byng having called a council of war, it was resolved, that as the enemy was much superior in the weight of his metal and the number of his men, it was not practicable to relieve the fortress of St. Philip’s, and it was decided to return to Gibraltar.

Meanwhile the inhabitants of Minorca had experienced great joy when Byng and his fleet appeared in sight; the double defeat of Galissonnière and his fleet at sea, and Richelieu and his troops on land, was fondly anticipated, when lo! the French fleet was seen to return to its old station off Port Mahon, and the news came that Byng had been foiled by the French admiral. In consequence of this failure on the part of Admiral Byng, General Sir William Blakeney, K.B., the British commander at Minorca, after a protracted and heroic resistance, which inflicted on the besiegers a loss of 5,000 men, capitulated to the Duke of Richelieu on honourable terms.

The news of this triumph for France was received at the Court of Versailles with transports of joy, and was celebrated throughout the French dominions with vast and continued public rejoicings. One can easily conceive how, on the other hand, England was shocked and humiliated by the intelligence of events so disparaging to her pride and power. The whole nation was seized with grief and anger, and the people were furious against the Ministry in the first instance; but the Cabinet averted from themselves the general wrath by meanly and cruelly sacrificing Admiral Byng to the popular clamour.

Admiral Sir Edward Hawke and Admiral Saunders were dispatched to Gibraltar to supersede Admirals Byng and West, and to place them under arrest, and send them home to England. Byng, on his arrival at Portsmouth, was immediately placed in strict confinement, and every indignity was shown him. It is believed that Byng’s despatches were received on the 16th of June, the day on which the two admirals sailed from Portsmouth to supersede him; but they were not published till the 26th June, and then not as written by Byng, but with omissions and interpolations. On Byng’s arrival at Portsmouth, his youngest brother, the Hon. Colonel Edward Byng, hastened down to meet him, but was so shocked with the outcries he everywhere met with from the mob, that, being of a very delicate constitution, he fell ill in the presence of his incarcerated relative, and died the following day in convulsions. From Portsmouth Admiral Byng was brought to Greenwich, and there subjected to very harsh imprisonment in a garret of the Hospital. The Ministry seemed determined to degrade the man before they slew him. In the month of December, 1756, their victim was removed back to Portsmouth to await his trial. That occurred on the 28th of December, 1756. The court-martial appointed for the investigation assembled on that day, and was held every day afterwards, Sundays excepted, till the 27th of January, 1757, inclusive, and was composed of the following members:—

_President_:

Vice-Admiral Thomas Smith, known in the Navy by the name of “Tom of Ten Thousand.”

_Rear-Admirals_:

Francis Holbourne, afterwards an admiral, a lord of the Admiralty, and Governor of Greenwich Hospital.

Thomas Broderick, afterwards an admiral.

Harry Norris, afterwards an admiral.

_Captains_:

Charles Holmes, afterwards an admiral.

William Boys.

John Simcoe.

John Bentley, afterwards an admiral and a knight.

Peter Denis, afterwards an admiral.

Francis Geary, afterwards an admiral and a baronet.

John Moore, afterwards an admiral, K.B., and a baronet.

James Douglas, afterwards an admiral and a knight.

Hon. Augustus Keppel, afterwards a very eminent admiral, created Viscount Keppel.

The charges against Admiral Byng were seventeen in number, and the court agreed upon thirty-seven resolutions, of which the five last imputed blame to Byng, the principal being that, during the engagement, he did not do his utmost to take, seize, and destroy the ships of the French king, and assist such of his ships as were engaged.

The statute law under which Byng was charged was the 12th article of the 22 George II., cap. 33, which enacted that

“Every person in the fleet, who, through cowardice, negligence, or disaffection, shall in time of action withdraw, keep back, or not come into the fight or engagement, or shall not do his utmost to take or destroy every ship which it shall be his duty to engage and to assist and relieve all and every of His Majesty’s ships or those of his allies, which it shall be his duty to assist or relieve, every such person so offending, and being convicted thereof by the sentence of a court-martial, shall suffer death.”[9]

The actual points only upon which his conviction depended were these:—1st, Whether he made any unnecessary delays with the fleet under his command, from the time of sailing from St. Helen’s, April 6, to the time of his arrival at Minorca, May 19, 1756; 2ndly, Whether he did all that was in his power to do, agreeable to his instructions, to relieve St. Philip’s fort upon his arrival there; and, 3rdly, Whether he did his utmost to distress the enemy on the day of battle. As a preparative to the evidence relating to these particulars, it is necessary to give this important portion of his instructions:—

“If, upon your arrival at Gibraltar, you shall not gain intelligence of a French squadron having passed the Straits, you are to go on without a moment’s loss of time to Minorca; or if, in consequence of such intelligence, you shall detach Rear-Admiral West, as before directed, you are to use equal expedition in repairing thither with the ships which shall remain with you; and if you find any attack made upon that island by the French, you are to use all possible means in your power for its relief. If you find no such attack made, you are to proceed off Toulon, and station your squadron in the best manner you shall be able, for preventing any French ships getting out of that port, or for intercepting and seizing any that may get out; and you are to exert the utmost vigilance therein, and in protecting Minorca and Gibraltar from any hostile attempt.”

The whole of the instructions, together with a letter from the Admiralty, relative to the taking on board Lord Robert Bertie’s regiment of Royal Fusiliers, some letters from Admiral Byng to the Admiralty, dated at Gibraltar, respecting the state of the place and the intelligence he had there received, and also the minutes of a council of war held there on what was proper to be done in consequence of the orders delivered by him to the governor, with the opinion of the chief engineers at Gibraltar in regard to the throwing of succours into St. Philip’s Castle, were all read in court before the examination of witnesses began. It then became a question, from what time the enquiry into the conduct of the prisoner should commence, and it was agreed by a majority of eleven to two, that it should commence from the time the squadron sailed from St. Helen’s. A short paper of the prisoner’s was then read to the following effect:—“That he had earnestly wished the arrival of the time for inquiring into his conduct, and doubted not of evincing the falsehood of all the artful and malicious aspersions that had been cast upon him by his enemies; that he had a very sensible pleasure in considering the abilities and integrity of his judges; and that, relying with an entire confidence on their candour and impartial justice, he would not delay the proceedings of the court a moment.”

The evidence was voluminous. The following is the most important part, as it bore against and for the Admiral:—

Rear-Admiral West was sworn and examined:

_Court_: What distance do you imagine the _Ramillies_ (Admiral Byng’s ship) might be from the _Buckingham_ (Admiral West’s ship) at the time of the engagement with the French fleet?—_Admiral West_: I believe about three miles.

_Court_: Do you think the admiral and the rear could have come up to the assistance of the van, and come to as close an engagement with the enemy?—_Admiral West_: I knew of no impediment to the contrary; but I cannot presume to say there was no impediment; nor I would not be understood to mean there was none.

_Court_: How was the wind and weather?—_Admiral West_: The wind was very calm, and the weather exceeding fine.

_Court_: Could you keep your lower ports open?—_Admiral West_: Yes, I could; and I knew of but one ship that could not, and that was the _Deptford_, who lowered her ports occasionally.

_Court_: Did you see any fire from Admiral Byng’s ship during the engagement?—_Admiral West_: When I was looking towards the _Intrepid_, which was in distress astern, off her I saw some smoke, which might very probably be from the admiral’s ship, or some of his division; but I was not able to discover at what ship it was directed.

_Admiral Byng_: Was it not in the power of the enemy to decline coming to a close engagement, as the two fleets were situated?—_Admiral West_: Yes, it was; but, as they lay to our fleet, I apprehended they intended to fight.

_Admiral Byng_: Are you of opinion that the forces on board the fleet could have relieved Minorca?—_Admiral West_: I believe they could not.

_Admiral Byng_: Were not some of the ships deficient in their complement of men?—_Admiral West_: Yes.

_Admiral Byng_: Were not some of the ships out of repair?—_Admiral West_: Yes.

_Admiral Byng_: Was not the fleet deficient, in point of force, with the enemy?—_Admiral West_: Yes.