[Extract]

It is necessary on the Subject of the several Sentences and Minutes of Courts Martial enclosed with your said Letter of the 9th Instant, that I should take notice of a considerable Inaccuracy in the Proceedings of the Court assembled for the Trial of the First Lieutenant, Gunner, and Gunners Crew of the Diamond on the 23d of last Month; With respect to a Salute which it is much to be lamented was given from the Ship in such a Situation, and the unfortunate Accident that was the consequence of it.

I observe it is expressed in the Sentence of the Court, that the Parties described as aforesaid, (neither of whom are named in the Sentence to ascertain the Identity of their Persons) are brought to Trial "on a charge exhibited against them in a Letter from Captain Charles Feilding &c," When it appears at the same time that Captain Feilding sits as a Member of the Court. I conclude that this part of the Proceedings admits of such Explanation, as will shew the manner of stating the Fact to be the only essential Error. Had the Minutes of the Court been taken and reported with due precision, the doubt in this Case would probably have been removed. But no Copy of the Charge being there inserted a more particular Explanation would be requisite, if the greater informality, the total omission of the Names of the Parties accused, had not vitiated the whole Proceeding. Wherefore, being of Opinion that they are still chargeable with the guilt of having caused or been accessary to, the Death of many of His Majesty's faithful Subjects; I am to desire you will order a Court Martial to be assembled when convenient, to try by name the several Persons described as aforesaid, for being guilty of that capital offence; Added to the charge of neglect of Duty, which appears to be the only accusation in Captain Feildings Letter.

[Endorsed] In Lord Howe's Lre No 34.