mes;
besides, these crimes, which are implied only and not named, may indeed
justify suspicion and private opinion, but cannot satisfy the conscience
in case of blood.

"Admiral Byng's fate was referred to a court-martial, his life and death
were left to their opinions. The court-martial condemn him to death,
because, as they expressly say, they were under a necessity of doing
so by reason of the letter of the law, the severity of which they
complained of, because it admits of no mitigation. The court-martial
expressly say, that for the sake of their consciences, as well as
in justice to the prisoner, they most earnestly recommend him to
his majesty for mercy; it is evident, then, that in the opinions and
consciences of the judges he was not deserving of death.

"The question then is, shall the opinions or necessities of the
court-martial determine admiral Byng's fate? If it should be the latter,
he will be executed contrary to the intentions and meaning of his
judges; if the former, his life is not forfeited. His judges declare him
not deserving of death; but, mistaking either the meaning of the law,
or the nature of his offence, they bring him under an article of war,
which, according to their own description of his offence, he does not,
I conceive, fall under; and then they condemn him to death, because,
as they say, the law admits of no mitigation. Can a man's life be taken
away by such a sentence? I would not willingly be misunderstood, and
have it believed that I judge admiral Byng's deserts; that was the
business of a court-martial, and it is my duty only to act according to
my conscience; which, after deliberate consideration, assisted by the
best light a poor understanding can afford it, remains still in doubt,
and therefore I cannot consent to sign a warrant whereby the sentence
of the court-martial may be carried into execution; for I cannot help
thinking, that however criminal admiral Byng may be, his life is not
forfeited by that sentence. I do not mean to find fault with other men's
opinions; all I endeavour at is, to give reasons for my own; and all I
desire or wish is, that I may not be misunderstood; I do not pretend to
judge admiral Byng's deserts, nor to give any opinion on the propriety
of the act.
"Signed, 6th Feb. 1757, at the Admiralty,
" J. F..... S."]

[Footnote 419: Note 3 I, p. 419. "The Imperial grenadiers (says he)
are an admirable corps; one hundred companies defended a rising ground,