It was a very common feeling that Heywood and Morrison, the former in
particular, had been hardly dealt with by the Court in passing upon them
a sentence of death, tempered as it was with the recommendation to the
king's mercy. It should, however, have been recollected, that the Court
had no discretional power to pass any other sentence but that, or a full
acquittal. But earnestly, no doubt, as the Court was disposed towards
the latter alternative, it could not, consistently with the rules and
feelings of the service, be adopted. It is not enough in cases of mutiny
(and this case was aggravated by the piratical seizure of a king's ship)
that the officers and men in his Majesty's naval service should take no
active part;--to be neutral or passive is considered as tantamount to
aiding and abetting. Besides, in the present case, the remaining in the
ship along with the mutineers, without having recourse to such means as
offered of leaving her, presumes a voluntary adhesion to the criminal
party. The only fault of Heywood, and a pardonable one on account of his
youth and inexperience, was his not asking Christian to be allowed to go
with his captain,--his not _trying_ to go in time. M'Intosh, Norman,
Byrne, and Coleman were acquitted because they expressed a strong desire
to go, but were forced to remain. This was not only clearly proved, but
they were in possession of written testimonies from Bligh to that
effect; and so would Heywood have had, but for some prejudice Bligh had
taken against him, in the course of the boat-voyage home, for it will be
shown that he knew he was confined to his berth below.
In favour of three of the four men condemned without a recommendation,
there were unhappily no palliating circumstances. Millward, Burkitt, and
Ellison were under arms from first to last; and Ellison not only left
the helm to take up arms, but, rushing aft towards Bligh, called out,
'D--n him, I'll be sentry over him.' The fourth man, Muspratt, was
condemned on the evidence of Lieutenant Hayward, which, however, appears
to have been duly appreciated by the Lords Commissioners of the
Admiralty, and in consequence of which the poor man escaped an
ignominious death.
Public-domain text, read in full here on John Shaqi.
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