of them, to suffer death, by being hanged by the neck, on board such of his Majesty's ship or ships of war, and at such time or times, and at such place or places, as the commissioners for executing the office of Lord High Admiral of Great Britain and Ireland, &c., or any three of them, for the time being, should, in writing, under their hands, direct; but the Court, in consideration of various circumstances, did humbly and most earnestly recommend the said Peter Heywood and James Morrison to his Majesty's mercy; and the Court further agreed, that the charges had not been proved against the said Charles Norman, Joseph Coleman, Thomas M'Intosh, and Michael Byrne, and did adjudge them, and each of them, to be acquitted.' The Court was then opened and audience admitted, and sentence passed accordingly. CHAPTER VII. THE KING'S WARRANT. 'Well, believe this No ceremony that to great ones 'longs, 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 shewn 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. The family of young Heywood in the Isle of Man had been buoyed up, from various quarters, with the almost certainty of his full acquittal. From the 12th September, when the court-martial first sat, till the 24th of that month, they were prevented, by the strong and contrary winds which cut off all communication with England, from receiving any tidings whatever. But while Mrs. Heywood and her daughters were fondly flattering themselves with everything being most happily concluded, one evening, as they were indulging these pleasing hopes, a little boy, the son of one of their particular friends, ran into the room and told them, in the most abrupt manner, that the trial was over and all the prisoners condemned, but that Peter Heywood was recommended to mercy; he added that a man whose name he mentioned had told him this. The man was sent for, questioned, and replied he had seen it in a newspaper at Liverpool, from which place he was just arrived in a small fishing-boat, but had forgotten to bring the paper with him. In this state of doubtful uncertainty this wretched family remained another whole week, harassed by the most cruel agony of mind, which no language can express*. The affectionate Nessy determined It was in this state of mind, while in momentary expec tation of receiving an account of the termination of the courtmartial, that Heywood's charming sister Nessy wrote the following lines: ANXIETY. DOUBTING, dreading, fretful guest, While at once to proceed to Liverpool, and so on to London. She urges her brother James at Liverpool to hasten to Portsmouth : Don't wait for me, I can go alone; fear and even despair will sup-. port me through the journey; think only of our poor unfortunate and adored boy, bestow not one thought on me.' And she adds, yet, if I could listen to reason (which is indeed difficult), it is not likely that anything serious has taken place, or will do so, as we should then certainly have had an express.' She had a tempestuous passage of forty-nine hours, and to save two hours got into an open fishing-boat at the mouth of the Mersey, the sea running high and washing over her every moment; but, she observes, let me but be blessed with the cheering influence of hope, and I have spirit to undertake anything.' From Liverpool she set off the same night in the mail for London; and arrived at Mr. Graham's on the 5th October, who received her with the greatest kindness, and desired her to make his house her home. The suspense into which the afflicted family in the Isle of Man had been thrown, by the delay of the packet, was painfully relieved on its arrival in the night of the 29th September, by the following letter from Mr. Graham to the Rev. Dr. Scott, which the latter carried to Mrs. Heywood's family the following morning. While I gaze on Pleasure's gleam, Isle of Man, September 10th. NESSY HEYWOOD. |