o legal quibbles
attended to." It may be added that the inconvenience and expense of
assembling Courts make the executive chary of this resort, which is
rarely used except when the case against an accused is pretty clear,--a
fact that easily gives rise to a not uncommon assertion, that
Courts-Martial are organized to convict.

This is the antecedent history of Byng's trial and execution. There had
been many examples of weak and inefficient action--of distinct errors of
conduct--such as Byng was destined to illustrate in the highest rank and
upon a large scale, entailing an unusual and conspicuous national
disaster; and the offenders had escaped, with consequences to themselves
more or less serious, but without any assurance to the nation that the
punishment inflicted was raising professional standards, and so giving
reasonable certainty that the like derelictions would not recur. Hence
it came to pass, in 1749, not amid the agitations of war and defeats,
but in profound peace, that the article was framed under which Byng
suffered:

"Every person in the fleet, who through cowardice, negligence, or
disaffection, shall in time of action, ... not do his utmost to take
or destroy every ship which it shall be his duty to engage; and to
assist all and every of His Majesty's ships, or those of His
allies, which it shall be his duty to assist and relieve, ... being
convicted thereof by sentence of a Court-Martial, shall suffer
death."

Let it therefore be observed, as historically certain, that the
execution of Byng in 1757 is directly traceable to the war of 1739-1747.
It was not determined, as is perhaps generally imagined, by an obsolete
statute revived for the purpose of a judicial murder; but by a recent
Act, occasioned, if not justified, by circumstances of marked national
humiliation and injury. The offences specified are those of which
repeated instances had been recently given; and negligence is ranked
with more positive faults, because in practice equally harmful and
equally culpable. Every man in active life, whatever his business, knows
this to be so.

At the time his battle with L'Etenduere was fought, Hawke was actually a
commander-in-chief; for Warren, through his disorder increasing upon
him, had resigned the command, and Hawke had been notified of the fact.
Hence there did not obtain in his case the consideration, so absurdly
advanced for limiting Nelson's reward after