Biography - Defense Home Peter Heywood
Revised May 28 2021
In the naval service it is a well understood axiom, "that those who are not for us, are against us;" and according to the tenor of martial law, however severe it may appear to civilians, the man who stands neuter, in cases of mutiny, is equally culpable with him who lifts his arm against his superior. In short, a military tribunal must either fully acquit, or sentence the prisoner to death; there is no medium between perfect innocence and absolute guilt. The strong points of Mr. Heywood's defence were his extreme youth and consequent inexperience, and his voluntary surrender to the Pandora's Captain immediately on that ship's arrival at Otaheite; but these proved insufficient, as will be seen by the following extract from a letter written by him to the Rev. Dr. Patrick Scott, a friend of his afflicted family, dated on board the Hector, Sept. 20, 1792:
"Honoured and dear Sir,—On Wednesday, the 12th instant, the awful trial commenced, and I now communicate to you the melancholy issue of it, which, as I desired my friend Mr. Graham to inform you of immediately, will be no dreadful news to you. The morning hours, and all my hope of worldly joy is fled far from me! On Tuesday, the 18th inst. the dreadful sentence of death was pronounced upon me! to which (being the decree of that Divine Providence who first gave me breath) I bow my devoted head, with that fortitude, chearfulness, and resignation, which is the duty of every member of the church of our blessed Saviour and Redeeemer CHRIST JEsus! [sic] To him alone I now look up for succour in full hope, that perhaps a few days more will open to the view of my astonished and fearful soul his kingdom of eternal and incomprehensible bliss, prepared only for the righteous of heart. I have not been found guilty of the slightest act of the detestable crime of mutiny, but am doomed to die for not being active in my endeavours to suppress it. Could the witnesses who appeared on the court-martial be tried, they would also suffer for the same and only crime of which I have been guilty—but I am to be the victim! * * * * * * As this is too tender a subject for me to inform my unhappy and distressed mother and sisters of, I trust, dear Sir, you will either shew them this letter, or make known to them the truly dreadful intelligence, in such a manner as, assisted by your wholesome and paternal advice, may enable them to bear it with Christian fortitude. The only worldly feelings I am now possessed of are for their happiness and welfare; but even these, in my present situation, I must endeavour, with God's assistance, to eradicate from my heart. How hard soever the task! I must strive against cherishing any temporal affections. Endeavour, dear Sir to mitigate my afflicted mother's sorrow; give my everlasting duty to her, and unabated love to my disconsolate brothers and sisters, and all the other relatives I have; encourage them, by my example, to bear up with fortitude, and resignation to the divine will, under their load of misfortunes, almost too great for female nature to support; and teach them to be fully persuaded that all hopes of happiness on earth are vain! As to myself, I still enjoy the most easy serenity of mind, and am, dearest Sir, your greatly indebted and most dutiful, but ill-fated
* Mr. Heywood, senior, paid the debt of nature on the 6th of Feb. 1790, and was thereby spared the heart-rending affliction to which his unhappy widow was doomed.
The gentleman alluded to above was the late Aaron Graham, Esq. formerly a Purser, R. N. and afterwards well known and deservedly respected for his vigilance and integrity as a police magistrate in London. His communication fortunately reached Dr. Scott by the same packet that conveyed Mr. Peter Heywood's letter; and the worthy divine was thereby enabled to assure his distressed friend that her beloved son was not only considered innocent by all who had attended his trial, but that his enlargement and speedy restoration to her arms might confidently be expected. The following is an exact copy thereof
Portsmouth, Tuesday, Sept. 18, 1792.
"Sir, Although a stranger, I make no apology for writing to you. I have attended and given my assistance at Mr. Heywood's trial, which was finished, and the sentence passed, about half an hour since. Before I tell you what is the sentence, I must inform you that his life is safe, nothwithstanding it is at present at the mercy of the King, to which he is in the strongest terms recommended by the Court. That any unnecessary fears may not be productive of misery to the family,
I must add, that the King's Attorney General, who with Judge Ashurst attended the trial, desired me to make myself perfectly easy, for that my friend was as safe as if he had not been condemned! I would have avoided making use of this dreadful word—but it must have come to your knowledge, and, perhaps, unaccompanied by others of a pleasing kind. The mode of communication to his mother and sisters I must leave to your discretion; and shall only add, that, although from a combination of circumstances, ill-nature and mistaken friendship, the sentence is in itself terrible, yet it is incumbent on me to assure you, that from the same combination of circumsances, every body who attended the trial is perfectly satisfied in his own mind, that he was hardly guilty in appearance, in intention he was perfectly innocent. I shall of course write to Commodore Pasley, whose mind, from my letter to him of yesterday, must be dreadfully agitated, and take his advice about what is to be done, when Mr. Heywood is released. I shall stay here till then; and my intention is afterwards to take him to my house in town, where I think he had better stay till one of the family calls for him, as he will require a great deal of tender management after all his sufferings; and it would perhaps be a necessary preparation for seeing Mrs. Heywood, that one or both of his sisters should be previously prepared to support her upon so trying an occasion. I can only say that they would make me very happy in taking the charge out of my hands; and if to spend a few days in London will not be disagreeable to them, I have a daughter, who, though young, will feel herself bound to make their stay, however short it may be, as agreeable as possible. I have the honor to be, &c.
In a subsequent letter from the same gentleman to Dr. Scott, we find the following passage
"It will be a great satisfaction to his family to learn that the declarations of some of the other prisoners, since the trial, put it past all doubt that the evidence upon which he was convicted must have been, to say nothing worse of it, an unfortunate belief on the part of the witness, of circumstances, which either never had existence, or were applicable to another gentleman who remained in the ship, and not to Mr. Heywood."
The points of evidence alluded to by Mr. Graham were as follow: 1st. That Mr. Peter Heywood assisted in hoisting out the launch. 2d. That he was seen by the Carpenter resting his hand upon a cutlass. 3d. That upon being called to by Lieutenant Bligh, he laughed. And, 4th, That he remained on board the Bounty, instead of accompanying Lieutenant Bligh in the launch. Mr. Heywood's comments on this evidence are here submitted to the reader's consideration, in the exact form in which they were transmitted by him to Lord Chatham, then presiding at the Admiralty.
"Peter Heywood's Remarks upon material parts of the Evidence which was given at his Trial on board the Duke, in Portsmouth Harbour.
"First, That I assisted in hoisting out the Launch.—This boat was asked for by the Captain and his officers, and whoever assisted in hoisting her out were their friends; for if the Captain had been sent away in the cutter (which was Christian's first intention), he could not have taken with him more than nine or ten men, whereas the launch carried nineteen. The Boatswain, the Master, the Gunner, and the Carpenter say, in their evidence, that they considered me as helping the Captain on this occasion*.
* On the 4th July, 1792, Mr. Heywood received a letter from Mr. Fryer, the master, containing these words: "Keep your spirits up, for I am of opinion no one can say you had an active part in the mutiny; and be assured of my doing you justice when called upon."
"Second, That I was seen by the Carpenter resting my hand upon a cutlass.—I was seen in this position by no other person than the Carpenter—no other person therefore could have been intimidated by my appearance. Was the Carpenter intimidated by it?—No. So far from being afraid of me, he did not even look upon me in the light of a person armed, but pointed out to me the danger there was of my being thought so, and I immediately took away my hand from the cutlass, upon which I had very innocently put it when I was in a state of stupor. The Court was particularly pointed in its enquiries into this circumstance, and the Carpenter was pressed to declare, upon the oath he had taken, and after maturely considering the matter, whether he did at the time he saw me so situated, or had since been inclined to believe, that, under all the circumstances of the case, I could be considered as an armed man—to which he unequivocally answered—No; and he gave some good reasons (which will be found in his evidence) for thinking that I had not a wish to be armed during the mutiny. The Master, the Boatswain, the Gunner, Mr. Hayward, Mr. Hallet, and John Smith, (who with the Carpenter were all the witnesses belonging to the Bounty) say in their evidence, that they did not, any of them, see me armed; and the Boatswain and Carpenter further say, in the most pointed terms, that they considered me to be one of the Captain's party, and by no means as belonging to the mutineers; and the Master, the Boatswain, the Carpenter, the Gunner all declare that, from what they observed on my conduct during the mutiny, and from a recollection of my behaviour previous thereto, they were convinced I would have afforded them all the assistance in my power if an opportunity had offered to retake the ship.
"Third, That upon being called to by the Captain, I laughed.—If this was believed by the Court it must have had, I am afraid, a very great effect upon its judgment; for if viewed in too serious a light, it would seem to bring together and combine a number of trifling circumstances, which by themselves could only be treated merely as matters of suspicion. It was no doubt, therefore, received with caution, and considered with the utmost candour. The countenance I grant, on some other occasions, may warrant an opinion of good or evil existing in the mind; but on the momentous events of life or death, it is surely, by much, too indefinite and hazardous even to listen to for a moment. The different ways of expressing our various passions are, with many, as variable as the features they wear. Tears have often been, nay generally are, the relief of excessive joy, while misery and dejection have many a time disguised themselves in a smile; and convulsive laughs have betrayed the anguish of an almost broken heart. To judge therefore the principles of the heart by the barometer of the face, is as erroneous as it would be absurd and unjust. This matter may likewise be considered in another point of view. Mr. Hallet says I laughed in consequence of being called to by the Captain, who was abaft the mizen-mast, while I was upon the platform near the fore hatchway— distance of more than 30 feet. If the Captain intended I should hear him, and there can be no doubt, that he wished it, if he really called to me, he must have exerted his voice, and very considerably too, upon such an occasion, and in such a situation, and yet Mr. Hallet himself, who, by being upon the quarterdeck could not have been half the distance from the Captain that I was—even he, I say, could not hear what was said to me:—how then, in the name of God, was it possible that I should have heard the Captain at all, situated as I must have been, in the midst of noisy confusion? And if I did not hear him, which I most solemnly aver to be the truth, even granted that I laughed (which, however, in my present awful situation, I declare I believe I did not), it could not have been at what the Captain said. Upon this ground, then, I hope I shall stand acquitted of this charge; for if the crime derives its guilt from the knowledge I had of the Captain's speaking to me, it follows of course, that if I did not hear him speak there could be no crime in my laughing. It may, however, very fairly be asked, why Mr. Hallet did not make known that the Captain was calling to me? His duty to the Captain, if not his friendship for me, should have prompted him to it; and the peculiarity of our situation required this act of kindness at his hands. I shall only observe further upon this head, that the Boatswain, the Carpenter, and Mr. Hayward, who saw more of me than any other of the witnesses, did say in their evidence that I had rather a sorrowful countenance on the day of the mutiny.
"Fourth, That I remained on board the ship, instead of going in the boat with the Captain.—That I was at first alarmed, and afraid of going into the boat, I will not pretend to deny; but that afterwards I wished to accompany the Captain, and should have done it, if I had not been prevented by Thompson, who confined me below, by the order of Churchill, is clearly proved by the evidence of several of the witnesses. The Boatswain says, that just before he left the ship I went below, and in passing him said something about a bag—(it was that I would put a few things into a bag and follow him); the Carpenter says he saw me go below at this time; and both those witnesses say, that they heard the master-at-arms call to Thompson 'to keep them below.' The point, therefore, will be to prove to whom this order, 'keep them below,' would apply. The Boatswain and Carpenter say they have no doubt of its meaning me as one; and that it must have been so I shall have very little difficulty in shewing, by the following statement
"There remained on board the ship after the boat put off, 25 men. Messrs Hayward and Hallet have proved that the following men were under arms:—Christian, Hillbrandt, Millward, Burkitt, Muspratt, Elison, Sumner, Smith, Young, Skinner, Churchill, M'Coy, Quintal, Morrison, Williams, Thompson, Mills, and Brown—in all 18. The Master, and upon this occasion I may be allowed to quote from the Captain's printed narrative, mentions Martin as one; which makes the number of armed men 19, none of whom, we may reasonably suppose, were ordered to be kept below. Indeed Mr. Hayward says that there were at the least 18 of them upon deck when he went into the boat; and if Thompson the centinel over the armchest, be added to them, it exactly agrees with the number above named: there remains then 6, to whom Churchill's order, 'Keep them below,' might apply, viz. Heywood, Stewart, Coleman, Norman, M'Intosh, and Byrne.
"Could Byrne have been one of them? No, for he was in the cutter alongside. Could Coleman have been one of them? No, for he was at the gangway when the Captain and officers went into the launch, and aft upon the taffrail when the boat was veered astern. Could Norman have been one of them? No, for he was with Coleman, speaking to the Captain and officers. Could M'Intosh have been one of them? No, for he was with Coleman and Norman, desiring the Captain and the officers to take notice that they were not concerned in the mutiny. It could then have applied to nobody but Mr. Stewart and myself: and by this order of Churchill's, therefore, was I prevented from going with the Captain in the boat.
"The foregoing appear to me the most material points of evidence on the part of the prosecution. My defence being very full, and the body of evidence in my favour too great to admit of observation in this concise manner, I shall refer for an opinion thereon to the minutes of the court-martial.
We have reason to believe that these comments produced as great an effect upon the mind of Lord Chatham, as even the recommendation to royal mercy, which had been forwarded by Mr. Heywood's judges. Certain it is, that they greatly accelerated his restoration to liberty, which took place Oct. 27, 1792.
The King's free and unconditional pardon having been read to Mr. Heywood by Captain Montagu, he addressed that officer in the following terms, the sincerity of which has been amply proved by his subsequent conduct
"Sir, When the sentence of the law was passed upon me, I received it, I trust, as became a Man; and if it had been carried into execution, I should have met my fate, I hope, in a manner becoming a Christian. Your admonition cannot fail to make a lasting impression on my mind.—I receive with gratitude my Sovereign's mercy, for which my future life shall be faithfully devoted to his service."
Digressing for a moment from our "straight forward" course, we shall here introduce an extract from a letter written by one of Mr. Peter Heywood's brothers, describing his serenity of mind during the awful period of five weeks and four days, that elapsed between his trial and liberation.
"While I write this, Peter is sitting by me, making an Otaheitean vocabulary, and so happy and intent upon it that I have no opportunity of saying a word to him. I assure you he is at present in excellent spirits, and I am perfectly convinced they get better and better every day*."
* The vocabulary alluded to by Mr. James Heywood, proved highly useful to the missionaries who were afterwards sent to Otaheite, and is thus spoken of at p. 13 of the "Duff's Voyage."
"An ingenious clergyman of Portsmouth kindly furnished Dr. Haweis and Mr. Greatheed with a manuscript vocabulary of the Otaheitean language, and an account of the country, which providentially he preserved from the mutineers who were seized by the Pandora, and brought to Portsmouth for their trial which was of unspeakable service to the missionaries, both for the help which it afforded them to learn before their arrival much of this unknown tongue, and also as giving the most inviting and encouraging description of the natives, and the cordial reception which they might expect."
It will be seen by the foregoing statement of undeniable facts, that Mr. Peter Heywood's professional debut was a most unpromising one; yet, ultimately, the misfortunes of his youth proved highly beneficial to him. The greater part of those distinguished officers who had sat as members of the court-martial, justly considering him much more unfortunate than criminal, extended their patronage to him immediately after his release, and through their good offices and his own meritorious behaviour, he was subsequently advanced, step by step, to the rank he at present holds. The duties which have fallen to his share he has ever performed with a zeal not inferior to that of any other officer in the service, and entirely to the satisfaction of his superiors. The young men who have had the honour of serving under him, many of whom now enjoy commissions, will readily and gratefully acknowledge that, both by precept and his own example, he invariably endeavoured to form their characters, as men and officers, on the solid principles of religion and virtue. In short, we do not hesitate to say, that his King and Country never had a more faithful servant, nor the naval service a more worthy and respectable member.
It is very natural to suppose that Mr. Heywood, after his release, would lose no time in hastening to the arms of his family, whose emotions on seeing him again at liberty, and that with an unblemished reputation, may readily be conceived. By their affectionate treatment, his health, which had been greatly impaired through long confinement and unmerited sufferings, was at length completely re-established; and on the 17th May, 1793, we find him joining the Bellerophon, a third rate, bearing the broad pendant of his uncle Commodore Pasley, who, previous to the court-martial, had taken great pains to investigate the circumstances attending the Bounty's mutiny, and in letters written by him to Mrs. Heywood, expressed his perfect conviction of the innocence of her son.
We should here state that Lord Hood, who presided at Mr. Heywood's trial, had earnestly recommended him to embark again as a Midshipman without delay, and offered to take him under his own immediate patronage, in the Victory of 100 guns. This proposal, however, was declined by Commodore Pasley, who soon after placed him under the protection of the Hon. Captain Legge, then commanding the Niger frigate, with whom he served as Master's Mate till the 23d Sept. following, when he was received on board the Queen Charlotte, a first rate, bearing the union flag hoisted by Earl Howe, as commander-in-chief of the Channel or grand fleet.
In that ship Mr. Heywood served as Signal Midshipman and Master's Mate, under his Lordship's own eye, and the respective commands of Sir Hugh C. Christian and Sir Andrew Snape Douglas, who together with Sir Roger Curtis, the Captain of the Fleet, were members of his court-martial, and who all gave him the most flattering proofs of their esteem and approbation, not only whilst he served with them, but as long as they severally continued in existence.
In the actions with the French fleet, May 28 and 29, and June 1, 1794, Mr. Heywood did his duty on the quarterdeck as an aid-du-camp to Sir Andrew S. Douglas; and after the return of the victorious fleet to Spithead, he had the honor to be selected as one of the two Midshipmen appointed to attend the side whenever his late Majesty visited the Queen Charlotte, or went to and fro in her barge.
Some doubts having arisen about this period as to the propriety of giving naval rank to a person who had been placed in Mr. Heywood's late critical situation, his friend Sir Roger Curtis was kind enough to consult an eminent lawyer, whose opinion on that subject we now lay before our readers.
"July 27, 1794.
"The warrant for the execution of some of the offenders, and the pardon of Mr. Heywood, states the charge to have been 'for mutinously running away with the armed vessel the Bounty, and deserting from his Majesty's service.' This you will find to be the 15th in the catalogue of offences enumerated in the act of 22 Geo. II. c. 33; and it is thereby enacted that the offender shall suffer death. Nothing is said of any incapacities whatever, and indeed it would have been strange to have superadded incapacities to a capital punishment.
"The judgments which a court-martial is empowered by that act to pronounce are of three distinct kinds: the one discretionary; another capital; and a third, incapacity ever to serve in the navy. The last (except so far as it is included in discretionary sentences) is enacted in one instance only, namely the 18th, which respects the taking on board any other goods than gold, silver, jewels, &c. Upon this state of things it should seem clear, that Mr. Heywood having received judgment of death, the only judgment which the act empowers the courtmartial to pronounce and his Majesty having been pleased to dispense with the execution of that sentence, the plain principle of the Common Law ought to take place, by which Mr. Heywood is in point of capacity to hold any station, civil or military, no way now distinguished from any other subject. You will moreover observe, that the directions of this act must be literally observed, being in a matter highly penal, and that no disabilities or incapacities can be introduced by inference. I should myself clearly conceive, that an offence attended with judgment of death, having been pardoned by his Majesty, the supposed offender is in this case, in the same situation as if no such judgment had ever been passed."
[The rest of the biography is concerned with Mr. Heywood's subsequent career, which is beyond the scope of the website.]
Biography - Defense Home Peter Heywood