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together, and, whatever the intention, many shot found their way to the British hulls. Nevertheless, as the returns show, the number of men hit among the French was to the British nearly as 7 to 5. On the other hand, it is certain that the manoeuvring power of the French after the action was greater than that of the British. Both sides claimed the advantage. This was simply a point of honour, or of credit, for material advantage accrued to neither. Keppel had succeeded in forcing d’Orvilliers to action against his will; d’Orvilliers, by a well-judged evolution, had retained a superiority of manoeuvring power after the engagement. Had his next signal been promptly obeyed, he might have passed again by the British fleet, in fairly good order, before it re-formed, and concentrated his fire on the more leewardly of its vessels. Even under the delay, it was distinctly in his power to renew the fight; and that he did not do so forfeits all claim to victory. Not to speak of the better condition of the French ships, Keppel, by running off the wind, had given his opponent full opportunity to reach his fleet and to attack. Instead of so doing, d'Orvilliers drew up under the British lee, out of range, and offered battle; a gallant defiance, but to a crippled foe. Time was thus given to the British to refit their ships sufficiently to bear down again. This the French admiral should not have permitted. He should have attacked promptly, or else have retreated; to windward, or to leeward, as seemed most expedient. Under the conditions, it was not good generalship to give the enemy time, and to await his pleasure. Keppel, on the other hand, being granted this chance, should have renewed the fight; and here arose the controversy which set all England by the ears, and may be said to have immortalised this otherwise trivial incident. Palliser's division was to windward from 4 to 7 P.M., while the signals were flying to form line of battle, and to bear down in the Admiral's wake; and Keppel alleged that, had these been obeyed by 6 P.M., he would have renewed the battle, having still over two hours of daylight. It has been stated already that, besides the signals, a frigate brought Palliser word that the Admiral was waiting only for him. The immediate dispute is of slight present interest, except as an historical link in the fighting development of the British Navy; and only this historical significance justifies more than a passing mention. In 1778 men's minds were still full of Byng's execution in 1757, and of the Mathews and Lestock affair in 1744, which had materially influenced Byng in his action off Minorca. Keppel repeatedly spoke of himself as on trial for his life; and he had been a member of Byng's court-martial. The gist of the charges against him, preferred by Palliser, was that he attacked in the first instance without properly forming his line, for which Mathews had been censured; and, secondly, that by not renewing the action after the first pass-by, and by wearing away from the French fleet, he had not done his utmost to “take, sink, burn, and destroy.” This had been the charge on which Byng was shot. Keppel, besides his justifying reasons for his course in general, alleged and proved his full intention to attack again, had not Palliser failed to come into line, a delinquency the same as that of Lestock, which contributed to Mathew's ruin. In other words, men's minds were breaking away from, but had not thrown off completely, the tyranny of the Order of Battle, – one of the worst of tyrannies, because founded on truth. Absolute error, like a whole lie, is open to speedy detection; half-truths are troublesome. The Order of Battle' was an admirable servant and a most objectionable despot. Mathews, in despair over a recalcitrant second, cast off the yoke, engaged with part of his force, was ill supported and censured; Lestock escaping. Byng, considering this, and being a pedant by nature, would not break his line; the enemy slipped away, Minorca surrendered, and he was shot. In Keppel's court-martial, twenty-eight out of the thirty captains who had been in the line were summoned as witnesses. Most of them swore that if Keppel had chased in line of battle that day, there could have been no action, and the majority of them cordially approved his course; but there was evidently an undercurrent still of dissent, and especially in the rear ships, where there had been some of the straggling inevitable in such movements. Their commanders therefore had uncomfortable experience of the lack of mutual support, which the line of battle was meant to insure. Another indication of still surviving pedantry was the obligation felt in the rear ships to take post about their own admiral, and to remain there when the signals for the line of battle, and to bear down in the admiral's wake, were flying. Thus Palliser's own inaction, to whatever cause due, paralysed the six or eight sail with him; but it appears to the writer that Keppel was seriously remiss in not summoning those ships by their own pennants, as soon as he began to distrust the purposes of the Vice-Admiral, instead of delaying doing so till 7 P.M., as he did. It is a curious picture presented to us by the evidence. The Commander-in-Chief, with his staff and the captain of the ship, fretting and fuming on the ship next ahead. This made the leading vessel the pivot of the order and of manoeuvring, unless specially otherwise directed; which in an emergency could not always be easily done. Strictly, if circumstances favoured, the line on which the ships thus formed was one of the two close-hauled lines; “close-hauled” meaning to bring the vessel's head as “near” the direction of the wind as possible, usually to about 70 degrees. The advantage of the close-hauled Victory's quarter-deck; the signals flying which have been mentioned; Harland's division getting into line ahead; and four points on the weather quarter, only two miles distant, so that “every gun and port could be counted,” a group of seven or eight sail, among them the flag of the third in command, apparently indifferent spectators. The Formidable's only sign of disability was the foretopsail unbent for four hours, – a delay which, being unexplained, rather increased than relieved suspicion, rife then throughout the Navy. Palliser was a Tory, and had left the Board of Admiralty to take his command. Keppel was so strong a Whig that he would not serve against the Americans; and he evidently feared that he was to be betrayed to his ruin. Palliser's defence rested upon three principal points: (1), that the signal for the line of battle was not seen on board the Formidable; (2), that the signal to get into the Admiral's wake was repeated by himself; (3), that his foremast was wounded, and, moreover, found to be in such bad condition that he feared to carry sail on it. As regards the first, the signal was seen on board the Ocean, next astern of and “not far from” the Formidable; for the second, the Admiral should have been informed of a disability by which a single ship was neutralizing a division. The frigate that brought Keppel's message could have carried back this. Thirdly, the most damaging feature to Palliser's case was that he asserted that, after coming out from under fire, he wore at once towards the enemy; afterwards he wore back again. A ship that thus wore twice before three o'clock, might have displayed zeal and efficiency enough to run two miles, off the wind,” at five, to support a fight. Deliberate treachery is impossible. To this writer the Vice-Admiral's behaviour seems that of a man in a sulk, who will do only that which he can find no excuses for neglecting. In such cases of Sailing close, men generally slip over the line into grievous wrong.

* The Order of Battle was constituted by the ships “of the line” ranging themselves one behind the other in a prescribed succession; the position of each and the intervals between being taken from the line was that the vessels were more manageable than when “off” the wind.

* Evidence of Captain John Laforey, of the Ocean.

* “I do not recollect how many points I went from the wind; I must have bore down a pretty large course.” Testimony of Captain J. Laforey, of the Ocean, on this point.

Keppel was cleared of all the charges preferred against him; the accuser had not thought best to embody among them the delay to recall the ships which his own example was detaining. Against Palliser no specific charge was preferred, but the Admiralty directed a general inquiry into his course on the 27th of July. The court found his conduct “in many instances highly exemplary and meritorious,” – he had fought well, - “but reprehensible in not having acquainted the Commander-in-Chief of his distress, which he might have done either by the For, or other means which he had in his power.” Public opinion running strongly for Keppel, his acquittal was celebrated with bonfires and illuminations in London; the mob got drunk, smashed the windows of Palliser's friends, wrecked Palliser's own house, and came near to killing Palliser himself. The Admiralty, in 1780, made him Governor of Greenwich Hospital.

On the 28th of July, the British and French being no longer in sight of each other, Keppel, considering his fleet too injured aloft to cruise near the French coast, kept away for Plymouth, where he arrived on the 31st. Before putting to sea again, he provided against a recurrence of the misdemeanor of the 27th by a general order, that “in future the Line is always to be taken from the Centre.” Had this been in force before, Palliser's captains would have taken station by the Commander-in-Chief, and the Formidable would have been left to windward by herself. At the same time Howe was closing his squadron upon the centre in America; and Rodney, two years later, experienced the ill-effects of distance taken from the next ahead, when the leading ship of a fleet disregarded an order.

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