ARCTIC VOYAGES. 
125 
“ The prosecution in this case being merely nominal, occupied but a short time. The 
verdict of the court, after a short absence, was to the effect that Captain M‘Clure, and 
the officers and crew of the * Investigator,’ deserve the highest commendation for their 
exertions, and that each and all were fully acquitted. 
“ The Admiral, in restoring Captain M‘Clure’s sword, observed : 1 The Court are of 
opinion that your conduct throughout your arduous exertions has been most meritorious 
and praiseworthy.’ 
“ The court then proceeded to inquire into the cause and circumstances attending the 
loss of the ‘ Resolute.’ Captain Henry Kellett, C. B., being asked if he had any state¬ 
ment to make, pleaded orders produced from Sir Edward Belcher, C. B., ordering him to 
abandon the ‘ Resolute’ and her steam tender ‘ Intrepid.’ Extracts from several letters 
bearing on the abandonment, some of them being marked confidential, were then read by 
the express order of the Court. One letter from Sir Edward Belcher to Captain Kellett, 
dated on February 7, 1854, contained a ‘ request’ that Captain Kellett would, with the 
officers and crews of the ‘ Resolute’ and ‘ Intrepid,’ meet Sir Edward at Beechey Island 
before the 26th August. To this letter Captain Kellett replied that he had come to the 
conclusion, that nothing contained in his orders would justify him in abandoning the 
ships under his command ; and, therefore, begged Sir Edward Belcher (who was in pos¬ 
session of the orders from Government), to send him ‘ final, decided, and most unmis- 
takeable orders,’ and further, in a private letter of the same date, Captain Kellett de¬ 
clared it to be the unanimous opinion of all on board the ‘ Resolute,’ that they would not 
suffer from the first break up, as the ice was only of the previous year’s formation. 
“ To these letters Sir Edward returned an answer, dated April 21st, directing Captain 
Kellett to withdraw everything valuable from the ships under his command, and with 
the officers and crews to proceed for further instructions to Beechey Island. 
“ This order released Captain Kellett from all responsibility connected with the aban¬ 
donment, and the Court returned a verdict of honourable acquittal to Captain Kellett, the 
officers, and crew. The admiral restored Captain Kellett’s sword, observing that he ex¬ 
perienced much satisfaction in returning a sword which the owner had worn with so much 
credit, satisfaction, and advantage to his country. 
“ The trial of Sir Edward Belcher then commenced, and after the examination of 
various witnesses for the prosecution, Sir Edward read a lengthened and clever defence, 
in which he touched on all the occurrences of the voyage likely to justify the determina¬ 
tion he ultimately arrived at. He also quoted various authorities, and read long extracts 
from his instructions bearing on the subject. 
“ After the defence, the Court remained closed for an hour and a half; at the end of 
that time the Deputy Judge-Advocate read the finding of the court, which was to the 
following effect:— 
“ ‘ The court is of opinion that the abandonment of H. M. S. “ Investigator” was di¬ 
rected by Captain Kellett, who was justified in giving such order. The Court is further 
of opinion that, from the great confidence reposed in Captain Sir Edward Belcher by the 
Lords Commissioners of the Admiralty, and the ample discretionary powers given to him, 
he was authorized and did not act beyond his orders, in abandoning H. M. S. “ As¬ 
sistance” and her tender “ Pioneer,” or in directing the abandonment of H. M. S. “ Re¬ 
solute” and her tender “ Intrepid although, if circumstances had permitted, it would 
have been advisable that he should have consulted with Captain Kellett previously. And 
the Court doth adjudge the said Captain Sir Edward Belcher to be acquitted, and he is 
hereby acquitted accordingly.’ 
“ The President then returned Sir Edward Belcher his sword, and the Court broke up.” 
Mr. M'Dougall’s preface contains the following remarks on a subject 
which now anxiously engages the attention of all who wish to know 
the particulars of poor Franklin’s fate, or who feel an interest in the 
brave sailors of the “Fox:”— 
“ Even now, whilst I write, Captain IVPClintock is again preparing to prosecute ano¬ 
ther voyage, in hopes of clearing up the mystery of the fate of the crews of the ‘ Erebus’ 
and ‘ Terror.’ A screw steam yacht—the ‘ Fox’—has been pronounced admirably adapted 
