For I differ entirely with my commander-in-chief, in wishing they were permitted to return to France; and, likewise, with Lord Elgin on the great importance of removing them from Egypt." "I have wrote to Lord Keith, and home," said Nelson to Sir Sidney Smith on the 15th of January, "that I did not give credit that it was possible for you to give any passport for a single Frenchman, much less the Army, after my positive order of March 18th, 1799." The words show what reports had already got about of the general trend of policy, on the part of the Porte and the British representatives; but the irony of the matter as regards Nelson is, that Smith disobeyed his orders, as he himself, six months before, had disobeyed Keith's; and for the same reason, that he on the spot was a better judge of local conditions and recent developments than one at a distance.

To one, Naples was more important than Minorca, more important than a half-dozen ships in a possible fleet action; to the other, Egypt was more important than the presence of sixteen thousand veterans, more or less, on a European battle-field.

It is impossible and bootless, to weigh the comparative degree of culpability involved in breaches of orders which cannot be justified.

It is perhaps safe to say that while a subordinate has necessarily a large amount of discretion in the particular matter intrusted to him, the burden of proof rests wholly upon him when he presumes to depart from orders affecting the general field of war, which is the attribute of the commander-in-chief.

What in the former case may be simply an error of judgment, in the latter becomes a military crime.
On the 16th of January, 1800, Nelson, who some days before had been notified by Keith of his approach, and directed to place himself under his command, left Palermo for Leghorn, arriving on the 20th.