T CONTENT S. RIAL of general F-wke 411-415 Objections to the militia bill 415 416. 443 Difcoveries at Herculaneum Of the Map of the eastern parts of New- 418 ibid. And that of the Swiffers and French 423 To Mifs - in An oriental tale Proper for the ladies On heaven Strictures on fame Fame unequally distributed Recent infult from the Dutch With a fatire on modern luxury Hanoverian declaration to the diet at Ra- Reply to an adviser Laudable acts of the Marine Society ibid. 443 POETRY. A new fong, fet to mufick 444 445 443 Anigma ibid. General Blakeney; an ode 445 On a modern character, &c. ibid. On the marriage of George Rice, Efq; 446 447 Acroftick ibid. We are forry we are obliged to defer the piece figned Laicus, to our next: That figned Nemo fhall be confidered: The beautiful lines on a young lady's birth-day mußt be also deferred to our next, with many other · pieces, in profe and verse. THE HE Report of my having left off Bufinefs, fince the Death of my Son, which has been maliciously propagated amongit my Friends, greatly to my Prejudice, is entirely falfe, and without the leaft Foundation. St. John's-Street, Sept. 30, 1756. CHARLES ACKERS. THE LONDON MAGAZINE. For SEPTEMBER, 1756. An ACCOUNT of the TRIAL of General A S we had reafon to be- The general officers upon this trial were Lieut. Gen. Hawley, Lieut. Gen. lord Cadogan, Lieut. Gen. Onflow, Lieut. Gen. Pulteney, Lieut. Gen. Hufke, Lieut. Gen. Campbell, Lieut. Gen. lord de la Warr, Lieut. Gen. Charles D. of Marlborough, Lieut. Gen. Wolfe, Lieut. Gen. Cholmondeley, Major Gen. Lafcelles, Major Gen. Bocland, Major Gen. lord Geo. Beauclerk. majefly, and that if he had been guilty of any mistake or misconduct, he was fure he had not been guilty of any wilful crime. Then the general's commiffion, as governor of Gibraltar, was read, but was made no use of, nor once mentioned afterwards during the whole trial, The judge advocate then read the three following letters: To Lieut. Gen. F-WKE, or, in bis Abfence, War Office, March 21, D The members being fworn, the court was opened by the judge advocate, who E declared, that tho' he was by his office obliged to appear as profecutor, yet he was forry for the occafion, and wifhed that the prifoner might be able to justify his conduct; to which the prifoner replied, with profeffions cf fidelity to his September, 1756. I Your humble fervant, B. To Lieut. Gen. F-wxz, or, in bis Abfence, to the Commander in chief at Gibraltar. SIR, War-Office, March 26, 1756. AM commanded to acquaint you, that it is his majefty's pleasure, in cafe the inland of Minorca fhould be in any likelihood of being attacked, that you make a detachment from the troops in your garrifon equal to a battalion, commanded by a lieutenant-colonel and major, for the relief of that place, to be put on board the fleet at the difpofition of the admiral; fuch lieutenant-colonel and major to be the eldeft in your garrifen. Fff 2 412 COURT MARTIAL. To Lieut. Gen. F-wKE, or, in bis Abfence, to the Commander in chief in kis Majesty's Garrijen in Gibraltar. SIR. War-Office, April 1, 1756. T is his majesty's pleasure that you receive into your garrifon the women and children belonging to lord Robert Bertie's regiment. The fecretary at war being fworn proved the orders. Judge advocate. I fuppofe that the lieut. gen. in his defence, will call for the minutes of the council of war held at Gibraltar, and therefore I do not read them. A Prifoner.] I have prepared my defence in writing, and defire that the judge ad- B vocate may read it. Court. Would you not examine the fecretary at war now he is here? Lieut. gen. F-wke.] I defire my defence may be read now, and hope his lordship will give me leave to ask him fuch queftions as I fhail think proper hereafter. S-c. at war.] I fhail flay in court as Jong as this trial is depending, and shall anfwer all queftions which make for the lieutenant-general with more pleasure than thofe which make against him. Sept. be delivered at the fame time with the fecond, I fuppofed that the last dated letter would of course be understood to fuperfede the firft. Lieut. gen. F-wke.] Your lordship has fat at another board; was it not the cuf tom there? Sec. at war.] I cannot fay any thing of what paffed at that board. Court. Did your lordship fend thofe letters yourself? Sec. at war] I did not fend the letters myfelf, I wrote them and delivered them to the charge of my fecondary; he is here or at the war-office to answer to what the court may defire to know on that head. Mr. Sherwood, the fecondary, was fworn by the judge advocate, and asked what he had done with the letters ? Sherwood.] I delivered the first letter, under a flying feal, to gen. Stewart, while he was in town. I fent the fecond letter, under a flying feal inclofed, to gen. Stewart at Portsmouth; and the third in the fame manner. I delivered the first letter into the general's own hand. He fet out for Portfmouth the 25th, and I gave it him the 24th. Mr. F-wke then asked Mr. Sherwood the fame question as he had before asked lord B, whether, in the fecond orders, the words notwithstanding the former orders were not always used. "He anfwer Prifoner's defence was read." That be received thefe three letters together by the fame hand, and must therefore take them together. That his orders were confufed at leaft, if not contradictory : Ded with fome hesitation-yes-to be fure That if they were confufed then he could not know how to execute them ; and if they were contradictory they could not be executed at all."*" Lieut. gen. F-wke then asked the fecretary at war, Did not your lordship appreherd, that the fecond letter of the 28th fuperfeded the first of the 21st ? Sec. at war. I did apprehend fo. Licu, gor. F-wke.] Should it not have been mentioned then in your lordship's fcond letter, that the first was fuperfeded? Sic. at war. I did not know that the Arft letter had gone, otherwife I might have faid in my fecond letter, notwithfarding my form orders. F-wke.] Thefe words would dave Caved an infinite deal of trouble: But is it not the custom of your office, when fecond orders are intended to fuperfede the fift, to mention that they do See, at war.] I do remember, that in the cafe of another officer's orders, when ( the mat order was gone away by a mef fenger, and the fecond order, fuperfeding t, was to be fent by another mellenger, ́did fay in my fecond letter, notwith For orders; but in the preas the frit letter, if it went at all, was to go by the fame person, and to 1 it always has been the custom of the of fice. He spoke with confufion. The judge advocate then went on with reading the prifoner's defence. "My orders being confufed and contradictory, I called a council of war, not to deliberate whether I fhould obey my orders or not, but only to take their fenfe what was the meaning of them." Lieut. gen. F-wke then urged, and f equently repeated it during his trial, that his orders were not abfolute, but difcretionary; and that the execution of them was left to his and Mr. Byng's judgment; and, to prove that the fecretary at war did not himself think, for a long time after the fending them, that thofe orders were abfolute, he produced a letter of his, wrote the 12th of May, which i e defired might be read. Judge advocate.] To Licut. Gen. F.wkz, or the Commander in chief at Gibraltar. SIR, War-Office, May 12, 1756. Wrote to you by gen. Stewart : If that order is not complied with,Licut. gen. F-wke.] How could his lordShip write, if that order has not been complied with, if he bad thought it an Abfolute order and not difcretionary? Judge 1756. On GENERAL F-WKE. Judge advocate goes on reading. If that order has not been complied with, then you are now to make a detachment of 700 men out of your own regiment and Guife's, and alfo another detachment out of Pulteney's and Panmure's regiments, and fend them on board the fleet for the relief of Mahon. But if that order has A been complied with, then you are to make only one detachment of 700 men, to be commanded by another lieut. col. and major, and to fend it to Mahon. And you are also to detain all fuch empty veffels as thall come into your harbour, and keep them in readiness for any farther transportation of troops. I have alfo his royal highness the duke of Cumberland's commands, to defire that you will keep B your garrifon as alert as poffible, during this critical time, and give fuch other affiftance as may be in your power for the relief of Minorca, taking care, however, not to fatigue, or to endanger your own garrifon. Sec. at war.] The fitteft perfon to explain that letter, I should think, is its author. But I must first observe, that this letter exprefsly fuppofes, that the orders fent in my former letters were abfolute, and not difcretional. Here his lordship was stopped short by a doubt being made by the court, whether he could be regularly admitted to explain that letter. Lieut. Gen. F-wke.] The letter is very D plain in itself, and does not need any explication. Prefident.] Every gentleman has a right to explain his own letter. Court. If we are fome of us of opinion, that his lordship has a right to explain his letter; and others, that he has not; then we must clear the court, and E debate that matter among ourselves. Sec. at war.] I thought that it had been strictly regular for me to explain that Jetter; but if any one member of the court has any doubt about the regularity of it, that is alone of fufficient weight with me to make me decline giving any farther explanation of it. Lieut. Gen. F-wke then faid, that he had offered to make the detachment, if Mr. B-ng thought it neceffary, in the hearing of Mr. Weft. Mr. Weft being fworn, lieut. gen. F-wke addreffing himself to him, "You remember, Sir, that after the council was over, I came on board the Ramillies, G and met Mr. B-ng in the state-room, and read to him the refolutions of the council of war, and faid, notwithstanding this, if you think it for his majefty's fervice, I will upon my own authority venture to give you the men." 413 Adm. Weft.] I do not remember that you thewed the minutes, or that Mr. B-ng read them; but I do remember that there was fomething paffed on that head, but I rather apprehended it to be loofe talk than bufinefs. You offered to make the detachment if he thought it neceffary; and he faid, I do not believe it will be wanted, or I do not think it neceffary. But, to do the admiral justice, I do not apprehend that he thought himfelf bound to give an answer to that quef tion. The judge advocate then read the remaining part of the lieutenant general's defence. "The whole number which I had then in garrifon was not 2600 men. I had fpared to Mr. Edgecombe's fhips 235, which, with 40 of my men he had left in St. Philip's, made 275. The ordinary duty of the garrison required in workmen and guards above 800 men, fo that I had not then remaining quite three reliefs. If I had made a detachment of a battalion, and put it on board the fleet, I should not then have had two reliefs, and this at a time when I believed the place was in danger of being attacked, for good reafons, which I do not think myself at liberty to mention." The lieut. gen. then returned to his first plea, of the doubtfulness of his orders, and faid, I know very well that my orders did not allow me to hold a council of war, to deliberate about the obeying of my orders, and therefore I called it only for their help in understanding of them. Court.] Do not you read the minutes of the council of war? The judge advocate then read General F-wke's Letter to the Secretary of War, dated at Gibraltar the 6th of May, 1756. My Lord, I HAVE the honour of your thre letters; upon the receipt of them, he state of his majefty's forts and garri I called a council of war, to confider of fons in the Mediterranean; and, it appearing to us, that the fending a detachment equal to a battalion, would be an ineffectual relief to Minorca, and a weakening of this garrifon, we have determined it to be not for his majesty's fervice to make the detachment. Inclosed are the minutes of the council of war." The judge advocate then read the mi nutes. "At a council of war held at Gibraltar, May, 176, the three last letters of the 414 GENERAL F-W KE'S DEFENCE. the fecretary of war were read, and are as follows. [Here followed the three above-mentioned Letters of the 21st and 28th of March, and fift of April. The Orders of the Admiralty to Admiral Byng were alfo read, and are as felleros,] SIE, "I T being his majefty's pleasure, that lord Robert Bertie's regiment do ferve on board your fleet, to do duty there; and his majesty having iffued orders by the fecretary of war to general F-wke, to make a detachment equal to a battalion, from his garrifon, for the rehef of Minorca; you are to conform yourfelf to the faid orders, and to carry that detachment on board your fleet, and land them at Minorca. And in cafe, upon conference had with general Blakeney, he shall think it neceffary, you shall then land lord Robert Bertie's regiment alfo at Mabon, from on board your fleet. Sept. Gen. F-wke.] I called that council only to ask their opinion about the meaning of my orders. Judge advocate. The council, by their minutes, do not appear to have had any doubt at all about their meaning; but rather to have determined against the exA ecuting them. Gen. F-wke.] They had no occafion to express any doubt about their meaning, because no one of them fo much as doubied of their being discretionary. Judge alvocate.} Your own letter does rot express any doubt. Co. F-wke. That omiffion proceeded from the great deference I paid to his Borship in that high office which he holds. Signed, & ANC Upon account of the alteration of circumftances, which have arifen fince the date of the above letter, we having received undoubted intelligence of the French any beng aqually landed in Minorca, to the number of from 13 to 15,coo men; and a French feet being Rationed before the harbour, of 16 thip, 32 of which are of great force. D We a:G of opinion, that the fending a detachment equal to a battalion from hence, will be an ineffective fupply for the relief of the place, and the difpoffeffing the French from the inland; and will be a weakening of this garrison. And it ap pearing to us to be the opinion of the engineer, who is bet acquainted with E the place, and of fuch other officers of this garrifon who have been at Mahon, that the troops cannot be landed, or at leaft not without great difficulty, unless the French fleet could be difpoffeffed from their station and lieut. gen. F-wke having already confented to spare from this garrifon 235 men, to ferve on board Mr. Edgecombe's Alups, besides the 40 which he left at Mahon; and it appearing to us, that the French fleet is at least equal, if. no: fuperior to the English, it is therefore refolved, that it is not for his majesty's fervice to make fuch a detachment; beaufe, in cafe of the English Beet's meeting any difgrace from the French, this garrifon will then be weakened, and may G be endangered, thro' the want of fuch detachment." Signed Lirut Gen. F-wke, Stewart, Effing ham, Cornwallis, Lord Robert Ber- Fudge ada state. I beg pardon; but it is my duty to obferve, as it has been of ten faid by the licut. gen. that he called a council of war only to know the meaning cf his orders, that he has offered no proot of this; and that his own letter, and the minutes of the council, plainly imply that they had no doubt at all about their meaning. As to what the general has faid about his orders being discretional; the only Cifcretional part of them is, what relates to the distribution of the men among the fhips of the feet, which is left to the dif portion of the adnital. The general then made a fpeech to the cour, by which he enforced what he had before infiled on, That the orders delivered to him were confufed and contradickory, and that in every fenfe that could be put upon them, they were difcretionary, that is to fay, to be complied, or not complied with, according as the admical and he should, from the then circumftances of affairs, judge to be most for his majesty's fervice; and be concuded with laying before the court a state of the garrison of Gibraltar, as it flood when he received these orders, which was as follows: The whole number of men in the To have been fent to Minorca, fup- There v ould then have remained at Gibraltar only To have been fent to Minorca by the orders of the 12th of May, fuppofing them likewise to have been ponive 2531 275 2256 700 1556 700 There |