It is not easy to understand in what respect his case differed from that of other rebels who surrendered unconditionally, and whom Nelson did not try himself, but simply placed in safe keeping until the King’s instructions should be received, except that, as a naval officer, he was liable to trial by court-martial, even though martial law had not been proclaimed.  It was to such a tribunal that Nelson decided instantly to bring him.  A court-martial of Neapolitan officers was immediately ordered to convene on board the “Foudroyant,” the precept for the Court being sent to Count Thurn, captain of the “Minerva,” who, because senior officer in the bay, was indicated by custom as the proper president.  The charges, as worded by Nelson, were two in number, tersely and clearly stated.  “Francisco Caracciolo, a commodore in the service of His Sicilian Majesty, stands accused of rebellion against his lawful sovereign, and for firing at his colours hoisted on board his Frigate, the Minerva.”  The court assembled at once, sitting from 10 A.M. to noon.  The charges being found proved, sentence of death was pronounced; and Caracciolo, who had been brought on board at 9 A.M., was at 5 P.M., by Nelson’s orders, hanged at the foreyard-arm of the “Minerva.”  He was forty-seven years old at the time of his death.

The proceedings of the court-martial were open, but the record, if any was drawn up, has not been preserved.  It is impossible, therefore, now to say whether the evidence sustained the charges; but the acts alleged were so simple and so notorious, that there can be little doubt Caracciolo had fairly incurred his fate.  Even in our milder age, no officer of an army or navy would expect to escape the like punishment for the same offence; if he did, it would be because mercy prevailed over justice.  As regards the technicalities of the procedure, it would seem probable that Nelson’s full powers, especially when committed to a military man, included by fair inference, if not expressly, the right of ordering courts-martial; whereas he had not at hand the machinery of judges and civil courts, for proceeding against the civilians who had joined in the insurrection.  Despite his fearlessness of responsibility, he was always careful not to overpass the legal limits of his authority, except when able to justify his action by what at least appeared to himself adequate reasons.  The Portuguese squadron, for instance, was absolutely under his orders, so far as its movements went; but, when a case of flagrant misconduct occurred, he confined himself to regretting that he had not power to order a court.  Anomalous as his position was in the Bay of Naples, before the arrival of the King, and regrettably uncertain as is the commission under which he acted, there is no ground for disputing that he had authority to order a court-martial, and to carry its sentence into execution, nor that Caracciolo came within the jurisdiction of a court-martial properly constituted.  Having regard, therefore, to the unsettled conditions of things prevailing, no fatal irregularity can be shown either in the trial or execution of this prisoner.