By the Viscount Howe, Vice Admiral of the White and Commander in Chief of His Majesty's Ships and Vessels employed and to be employed &c: in North America.
Whereas by a Letter dated the 19th of last March, addressed to You, and subscribed by the several Captains assembled pursuant to your Order of the 17th of the same Month, for holding a Court Martial to try Lieutenant John Thomas Duckworth, first Lieutenant of His Majesty's Ship the Diamond, Mr Charles Rex Gunner, Charles Bayley Gunners Mate, Joseph Hodgman Gunners Yeoman, Michael Terrill Simon Cannons, John Bates, Andrew Wilson, Robert Reed, William Eneas and John Reeves Gunners Crew, belonging to the said Ship, upon the charge of a capital Offence exhibited by Captain Feilding Commander of the said Ship, in his Letter to you of the 20th of last January, it appears, that the said Captains so assembled, declined to hold a Court Martial, because the Persons charged as above mentioned, "had been before tried at a Court Martial on the 23d of January last and honorably acquitted."
And Whereas I am of Opinion that to whatever imputed Crime such acquittal may be supposed to refer, the Obligation upon the said Captains (Captain Feilding excepted) to have formed a Court, was still indispensably binding; Their Right to pursue their own judgment in the course of every subsequent proceeding being always admitted. But being further of Opinion, that Captain Feilding could not with propriety have sat as a Member of such Court, the Order for Trial having been founded solely on his Complaint and Representation: For these Reasons, and that Justice may be duly and regularly administered in the present Case, I do hereby authorise and require you to cause a Court Martial to be assembled (as soon after the return of the Diamond to Rhode Island as Circumstances will admit) for the trial of the said Lieutenant John Thomas Duckworth, Mr Charles Rex Gunner, Charles Bayley Gunners.Mate, Joseph Hodgman Gunners Yeoman, Michael Terrill, Simon Cannons, John Bates, Andrew Wilson, Robert Reed, William Eneas and John Reeves Gunners .Crew ,in His Majesty's Ship Diamond, as principals or accessories in the Death of the five Seamen belonging to the Transport, named the Grand Duke of Russia, who were k1lled on the 18th day of last January as set forth lil the Letter from Captain Feilding of the 20th of the same Month herewith enclosed.
You are to transmit to me the original Judgment of the Court with the Minutes of the Proceedings thereof on this occasion, and to return the Letter from Captain Feilding sent herewith.
Given onboard His Majesty's Ship the Eagle off New-York the I7th day of April 1777 ー
To The Commodore Sir Peter Parker Chatham
By Command of the Vice Admiral Jos: Davies
[Endorsed] In Lord Howe's Letter (No 34)
