The New Hampshire Gazette Newspaper, April 8, 1757, Page 1

'[ " _Friday, April 8. 1757 » With the Frefbeff Advices 4By the General Wall Packet arrived az New York { “from Falmouth, ave have the following Account of the Triavr and CONDEMNATION of Admiral Byng, ‘at Postfmoath. ; A+ a Court Martial an board the St.George, Part/mouth Harbour, 28th December, 1756, 'ili 27th January 00 cpin B BN “Tuomas Smuitn, Vice Admiral of the Red, Prefdent. - Franeis Holbourn, Rear- Admiral of the Red. Henry Norris, Rear Admiral of the White. T homas Broderick, Rear Admiral of the Biue. CY AP T AR NT : [\ Charles Holmes, William B _jes, Fobn Simcoe, Fobn Bentley, Peter Dennis, Francis Geary, Fobhn Moore, } Fames Douglafs, Hon. Auguftus Keppal. 74 HE Court, purfuant to an Order from thg Lc_irds {4 of the Admiralty, proceeded to enquire into 7 the Conduft gf the Right Hon. Fobn Byng, Wice Admiral of the %uc, and to try him on'a Charge, Fleet under his Command, and the Fleet of the French King, on the zoth of May lat, he did with@raw'or keep back, and did not do his Utmoft to take, 'fexz_c and deftroy, the Ships of the French King, which it was his Daty to have engaged, and to affilt fuch of is Majefty’s Ships as were engaged in Fight with i fif,h Fre;‘u:'hyfihnps,l which it was his Duty to have affit- sd ; and for that he did not do his Utmolt to relieve St. Philip’s Caftle, in Minorca, then befieged by the " French ; but acted contyary to, and in Bgeach.of his Majefty's Command : And baving heard the Evidence and Prifoner’s Defence, and very maturely and thoro’- 1y confidered the fame, they are unanimoufly of Opi-- jon, that he did not do his Utmoft to relieve St.. ""ni’aip‘; Caftle. ‘And alfo, that during the Engage- ment between His Majefty’s Fleet, and that of the French, on the 2oth of May, he did not do his Ut_- moft to take, feize and deftroy the French, which it was his Duty to have eagaged, and towaffift(ach Ships, as were engaged with the French, &c. &¢, and do therefore unanimoufly agree, that he falls under Part ® . of the 12th Article of the A& of Parliament, in thfi 22d Year of His Majefty’s Reign ; and as'that Arti- cle pofitively prefcribes DEATH without any Alter- native left to the Dire&ion of the Court, under any Variation of Circamftances, the Court do therefore & unanimoufly adjudge the faid Admiral -Yobn Byng, to b\ be fhot to Death, at fuch Fime, and on board fuch Ship, as the Lords of the Admiralty fhall direct. _ But as it appears by the Evidence of Lord Robert B#sie, Lieut. Col. Smith, Capt. Gardiner, and other .+ Officers of the Ship, who werc near the Perfon of the Admiral, that they did not perccive any Backwardnefs in him during the A&jon, or any Marks of Fear or Confufion, either from his Countenance or Behaviour, but that he feemed to give his Orders cooly and dif- " tinétly,and did not feem wanting in Perfonal Courage; aud from other Circumftances, the Court do net be- Tieve that hisMifcondu arofe, either from Cowardice, or Difaffection, and do therefore ananimouily think it their Daty, moft earneftly to recommend hiimn as a proper Objelt of Mercy. The above Sentence was attended with the follow- ing Reprefentation. To the Right Honeurable the Lords Comuniffioners of [ : the Admiralty. E the underwritten, the Prefident, and Mem- y bers of the Court Martial, affembled for the ‘Prial of Admiral Byng, belicve it unneceflary to inform your Lordfhips, that in the whole Courfle of his long Tria!, we have done our utmoft Endeavours to come at Truths, and to do the fricteft Juftice to oumr Coun- try, and the Prifoner. But we cannot help laying the Diftrefles of onr Minds before your Lordfhips, on this Occafion, in finding ourfelves under a Neceflity of con- | demning a Man to Death, from the great Severity of the 12th Article ot War, Part of which he falls under, and which admits of no Mitigation, even if the Crime & fhou!d be committed by an Error in Judgmentonly ; ¥~ and therefore for our own Confciences Sake, as vycll , ns«n Juftice to the Prifoner, we pray your Lordfhips, ** jn the moft earneft Manner; to recommend bim to His Majelty’s Clemency.— We are, {&'c, 27th Jan. 1757. 1zth ART. of War, 13 Carl. 2d . Every Captain, and all other Officers, £9°c. that fhall ~_“in Time of any Fight or Epgagement, withdraw, or keep back, or not come into the Fight, and engag?, + and do his Utmof to take, fire, kill, and damage the L3 ¢ e New-Ham])//a{re: | 1 2 g R ASISS3eRYRLESRCESSERBRLRRE “That, daring the Enfagement between His Majefty’s | * T GAZETT& e P - Nums. 27: SO ABBBII VLIRS IVYBNIRLASEQ Foreign and Domeflick. " Enemy, &c. and affit and relieve all [1is Maj-fty’s Saips, fhall for fuch Offence of Cowardice or Difaffec. tisn, be tried, and faffer Pains of DEATH, or other Punilment as the Circumflances of the Offince pall de- ferave, and the Court Martial fball judge fit. 12th ART. 22 Gro. zd. "Which expluins and amends the fermer A, «¢ Every Perfon who throngh Cowardice, Neg/igence, or Difaffe&tion, fhall, in Time of A&tion, withdraw, or keep back, &¢. every fuch Perfon {o offending, and being convitéd thereof, by the Sentence of a Coart Martial, thall fuffer DEA7TH — The Omiflion of the Words in Jftalics, 15 the firft AQ, and the Addition, or rather fingle Expreffion of DEATH in the lat A&, feems to be Ground of the Diftrefles of the Court Martial.— It is faid, that when Admiral Byng is expelled the Houfe, the Warrant will be figned by the Lords of the Admiralty, for his Execution. The following is Part of Admiral Welt's, Lord Blakeney’s and fome Others, Examination on Mr. Byng's Trial. Portfmouth, Thurlday December. 30. A Dmiral #¢# {aid— No uaneceffary Delay was made at, §z. Helens and Gibraltar— The Ra- millies abouggnree 3 Diltance from the ®Buckingbam, at the Time of the Engagement.— And being afked, whether Admiral Byng,and the Rear, could have coms up to the ‘Affitance of the Van, and come to as clofe an Engagement with the Enemy ? He an{wered, he knew no Impédiment to -the contrary, but that he would not be underftood to mean there was nome :— The Wind and Weather very calm and fine.— Whe- ther he could keep hislower Portsopen ? He replied, Yes! "And that he knew but one Ship which could not, the Dept/ford, who occafionally lowered her Ports, He had, (#7%/! )three Men killed and feven wounded. —~Whether he faw any Fire from Byzg’s Ship during the Engagement ? He faid, That when he was looking . towards thg Jntrcpid, who was in Diftre(s aftern of her, he did fee fome Smeke, which 'probably might be from the Admiral’s Ship, or fome of his Divifion, but he could not difcover at what Ship it was dffedted.— Whether on the z4th of May, the Bay of the Council of War, his Ship was repaired, fit for a fecond Engage- ment ? He anfwered Yes, before that, the very Night after the Engagement.—Mr, Byng afk’d him, Whether it was not in the Power-of the Enemy to decline com- ing to a clofe Eagagement, as the two Ficets were fituated ? He replied, Yes ! But as they lay to for our Fleet, he apprehended they intended to fight.— Whether he was of Opinion, that the Forces on board the Fleet, would have relieved Minorca 2 He faid, he believed not.— Whether fome of the Ships were not deficient in their Compliment ef Men, fome of the Shipsout of Repair, and"whether not deficient in Point of Force with the Enemy ? To which he anfwered in the Affirmative. Lord Blakeney informed the Court of the Time the Britijh Fleet was difcovered by the Garrifon, and the Time of its difappearing ; That upon Sight of them, he wrote a Letter to be carried off by Mr. Boyd, his Store-Keeper and Aid de-Camp, to Colonel Yefferys, to inform the Admiral of his Sitnation,&%c. A Copy of which Letter he had in his Hand, and defired it might be read : But Byzg ebje@ing thereto,as it was only a Copy, it was not read,as Mr. Boyd was te be examin- ed thereto,and could produce the Origival. Mr. Byug afked the General, whether he thought the Forces could be landed ? He an{wered, very eafily— Whether there was not fome Falcines thrown in the Way ? He faid, Yes! Buat which might have been eafily defiroy- ed.— Whether the attempting to land the Men, would not have been attended with Danger ? The General, replied, He had been upwards of Fifty Years in the Service, and that he never knew any Expedition of Confequence carried into Execution withoutfomeDan- ger ; but of all the Expeditions he ever knew, this was the worft. Mr. Byng afked, whether the Freach had not a Caftle on the Point, which might have prevented their landing ? The General an{wered, Not on the zoth of May ; and faid the Enemy were then in fuch Diftrefs for Ammunition, that they fired Stones at the Garrifon,—Mr. Byng afked the General, Whether he tho’t the Officers and few Men he had on board the Fleet, could have bzen of any great Service to theGar- rifon ? He anfwered, Yes ! Very great Service ; for that he was obliged at that Time to fet fome of his Men to plaiftér the Breaches,— R Friday, Dec. 31. Mr. Boyd fworn. It appeared he was fent off with a Letter, in a Boat, to deliver to the Admiral, but could not be particalar to the Time ¢ T bat he kept out as long ashie thought it prebable to reach the Admiral ; bat when he found it impra&ica- ble for him to clofe the Admiral, as he was thenigoing to the Southward, Lie returned without delivering the Letter.—Mr. Byng alked him, How long he waited before the Boat was ready to bring him off ? He could not recollett, but that he waited for it till-he was very. impatient.— W hether in the Beat he did not pals thro? fome Firing of the koemy ? Anfwerd, There was fome firaggling Firing of {tall-Arms, and about three er four Cannon Shot. Whether it did not do them fome Damage ? No,he did not know that one of them fo much as touched the Boat.—How long he might be off in the Boat ¢ About anHour and a Half. — Was there not a Breeze of Wind } When he got off the Land he found a Breeze. If he thought the Admiral could fee the Boat ? No, he believed not at that Di- ftance, and late in the Evening,——= i Capt. Ewerit, examined much to the fame Purpofe as Admiral #¢. In his Anfwer was of Opinion, that the Admiral’s Divifion might have carried all theirSail ! and thereby aflited the Van, and thereby prevented them from receiving fo much Fire from the Enemy’s Rear. . : EQ: N BDwOsN. - Fan. 27. Private Letters from Oftend, by the laft Flanders Mail, {ay, that there are great Commotions at Paris, and other parts of the Kingdom ; that feveral religious Houfes are thut up, to prevent Cabalsamong the Clergy ; and that the Archbifhap of Paris hasbeen publickly accufed of being at theBottum of the Attack on the King, There are private Letters by the lalt Flanders Mail, importing that fix Men of War, twelve Indiamen,and fome Tranfports, are failed from Port I’Orient ; and that this Fleet has on board the Regiment Royal Rouflilion, a Draught from the Irith Brigades, and fome other Troops, making in all 6coo Land Forces, under the Command of General Lally. The feventy Tranfports lateiy taken into the Go- vernment’s Service, fell down the River Yeiterday. They have Hammocks on board for 8coo Landmen. Fan. 29. The Regiments ordered for America,are From Great Britain, the Old Buffs, General Stewart’sy - Kingfly’s, Lord Charles Hay’s, Lord George Bentick’s, Lard Robert Manners’s. From Ireland; Gen. Handafyde's, Col. Pole’s and 11t Batallion of the. Royals. Feb, 1. Notwithflanding the Aflurances given in feveralPapers of certainRegiments therein mentioned, deflined for North- America, we can with equal Aflu- rance, and much greater Certainty affirm, that natone of them were the Regiments intended for that Expe- dition, and that the following Corps are fixed upon and will foon embark for that Service, viz. The 2d Batallion of .the Royal Regiment of Foot, Maj. Gen. Richbell’s, Lieut. General Lord Blakeney’s, Lieut. General Philip Bragg’s, Major Gen. Thomas Kenne- dy’s, and Major-General Thomas Murray’s. Weare affured, that the true Reafon of the King of Pruffia’s leaving Drefden and returning to Berlin, was, that he might be nearer at Hand to Condu& feveral important Negociations now carryingon between his Majefty and one of the moft potent Proteftant Princes of the German Empire,and others, for fupporting that noble Caufe of Liberty, which coft their Predeceflors {o much Blood and Treafure. JFeb. 3. We hear that the French Officers taken before the Declaration of War, have requefted to be exchanged for the Garrifon of Olwego, but their De- fire it is theught will not be complied with, till 2 Treaty of Cartel is fettled between us'and ‘France. We are aflured, that in the courfe of next week,or the week after, an affair will come:before the houie of commons, of,as high importar.Ce to this Nation, as ‘ever came before a. Britith parliment.. T'he Quantity of Tannage taken up for his Ma- jefty as "Traafports, amounts now 't016,000.. We are infgrmed from undoubred authority, that the warrant for Mr. Byng’s' execution, will be made ant in a few days. Admiral Hawke continues dangeroufly ill at bis houfe in Great. George ftreet. b We hear his Majeity has left to- the kiag of Prufiia, the choice of a.general to commarid the larmy of fervation, which is to be affembled in Weft i