Memoirs of the Reign of King George the Second, Volume 2 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 2 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
Beckford scrupled not to say, that the sentence was thought
_cruel_; and Pitt, though owning how sensibly he felt the
difficulty of speaking on that melancholy occasion, with true
spirit avowed himself on the favourable side. The sentence, he
said, had undergone discussion; for himself, he could never have
agreed to it; but he thought the Legislature had nothing to do to
advise the King on that his peculiar prerogative, mercy. He did
wish it might be extended to the prisoner; and owned he thought
_more good would come from mercy than rigour_. That it was more
likely to flow from his Majesty, if he was left entirely free. For
the Article, he did not wish, he said, to see discipline relaxed;
but no Article could be enforced but when it was intelligible. And
this being proved so obscure, it was not for the honour of national
justice, that a sentence, issuing from its obscurity, should be
carried into execution. Were Mr. Byng condemned of cowardice
or disaffection, he himself, though single, would petition for
execution. Of all men, the Commissioners of the Admiralty ought
the least to interpose. But what indeed could add weight in the
prisoner’s favour to the recommendation of his Judges?
Campbell, pursuing his blow, said, surely they who have all the
proofs before them are the properest to enforce the recommendation
of the Judges.
Sir Francis Dashwood, perceiving an impression of tenderness made,
and unwilling to drive a majority to rigour, by furnishing them
with the triumph of carrying a question, desired leave to withdraw
his Motion on the Article; when Fox, who chose to wear, like the
day, an aspect of compassion, and at the same time to fasten
difficulty and unpopularity on the new Minister and his friends,
rose to say, that he could not comprehend the delicacy of the
Admiralty in not laying their scruples before the King. That during
the nine years that himself had been Secretary at War, it had
been his constant practice on all Courts-Martial to acquaint the
King with any favourable circumstances that had appeared. That he
had always found his Majesty disposed to lenity, and when he said
nothing, the King would ask, “Have you nothing favourable to tell
me?” Silence always implied that there was nothing. If the Lords of
the Admiralty thought the Court-Martial meaned _error of judgment_,
they ought to tell the King so. Any one Lord of the Admiralty
might; Admiral Forbes might. That in signing the warrant, never
till now had been used the words, “It is his Majesty’s pleasure.”
He recommended it to them to consider the circumstances, and inform
the King of them.
Public-domain text, read in full here on John Shaqi.
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