Southey on Nelson: The Life of Nelson by Robert Southey. Richard Holmes
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go to Martinico, buy molasses, and so round and round. The loyalist cannot do this, and, consequently, must sell a little dearer. The residents here are Americans by connection and by interest, and are inimical to Great Britain. They are as great rebels as ever were in America, had they the power to show it.’ In November, when the squadron, having arrived at Barbadoes, was to separate, with no other orders than those for examining anchorages, and the usual inquiries concerning wood and water, Nelson asked his friend Collingwood, then captain of the Mediator, whose opinions he knew upon the subject, to accompany him to the commander-in-chief, whom he then respectfully asked, Whether they were not to attend to the commerce of the country, and see that the Navigation Act was respected? that appearing to him to be the intent of keeping men-of-war upon this station in time of peace. Sir Richard Hughes replied, he had no particular orders, neither had the Admiralty sent him any Acts of Parliament. But Nelson made answer that the Navigation Act was included in the statutes of the Admiralty, with which every captain was furnished, and that Act was directed to admirals, captains, &c., to see it carried into execution. Sir Richard said he had never seen the book. Upon this Nelson produced the statutes, read the words of the Act, and apparently convinced the commander-in-chief that men-of-war, as he said, ‘were sent abroad for some other purpose than to be made a show of.’ Accordingly, orders were given to enforce the Navigation Act.
General Sir Thomas Shirley was at this time Governor of the Leeward Islands; and when Nelson waited on him to inform him how he intended to act, and upon what grounds, he replied, that ‘old generals were not in the habit of taking advice from young gentlemen.’ ‘Sir,’ said the young officer, with that confidence in himself which never carried him too far, and always was equal to the occasion, ‘I am as old as the Prime Minister of England, and think myself as capable of commanding one of His Majesty’s ships as that Minister is of governing the State.’ He was resolved to do his duty, whatever might be the opinion or conduct of others; and when he arrived upon his station at St Kitt’s he sent away all the Americans, not choosing to seize them before they had been well apprised that the Act would be carried into effect, lest it might seem as if a trap had been laid for them. The Americans, though they prudently decamped from St Kitt’s, were emboldened by the support they met with, and resolved to resist his orders, alleging that king’s ships had no legal power to seize them without having deputations from the Customs. The planters were to a man against him; the governors and the presidents of the different islands, with only a single exception, gave him no support; and the admiral, afraid to act on either side yet wishing to oblige the planters, sent him a note advising him to be guided by the wishes of the President of the Council. There was no danger in disregarding this, as it came unofficially, and in the form of advice. But scarcely a month after he had shown Sir Richard Hughes the law, and, as he supposed, satisfied him concerning it, he received an order from him, stating that he had now obtained good advice upon the point, and the Americans were not to be hindered from coming, and having free egress and regress, if the governor chose to permit them. An order to the same purport had been sent round to the different governors and presidents; and General Shirley and others informed him, in an authoritative manner, that they chose to admit American ships, as the commander-in-chief had left the decision to them. These persons, in his own words, he soon ‘trimmed up and silenced;’ but it was a more delicate business to deal with the admiral. ‘I must either,’ said he, ‘disobey my orders or disobey Acts of Parliament. I determined upon the former, trusting to the uprightness of my intentions, and believing that my country would not let me be ruined for protecting her commerce.’ With this determination he wrote to Sir Richard, appealed again to the plain, literal, unequivocal sense of the Navigation Act; and in respectful language told him he felt it his duty to decline obeying these orders till he had an opportunity of seeing and conversing with him. Sir Richard’s first feeling was that of anger, and he was about to supersede Nelson; but having mentioned the affair to his captain, that officer told him he believed all the squadron thought the orders illegal, and therefore did not know how far they were bound to obey them. It was impossible, therefore, to bring Nelson to a court-martial composed of men who agreed with him in opinion upon the point in dispute; and, luckily, though the admiral wanted vigour of mind to decide upon what was right, he was not obstinate in wrong, and had even generosity enough in his nature to thank Nelson afterwards for having shown him his error.
Collingwood, in the Mediator, and his brother, Wilfred Collingwood, in the Rattler, actively co-operated with Nelson. The Custom-houses were informed, that after a certain day all foreign vessels found in the ports would be seized; and many were in consequence seized, and condemned in the Admiralty Court. When the Boreas arrived at Nevis, she found four American vessels deeply laden, and with what are called the island colours flying–white, with a red cross. They were ordered to hoist their proper flag, and depart within eight-and-forty hours; but they refused to obey, denying that they were Americans. Some of their crews were then examined in Nelson’s cabin, where the judge of the Admiralty happened to be present. The case was plain; they confessed that they were Americans, and that the ships, hull and cargo, were wholly American property–upon which he seized them. This raised a storm: the planters, the Custom-house, and the governor, were all against him. Subscriptions were opened, and presently filled, for the purpose of carrying on the cause in behalf of the American captains: and the admiral, whose flag was at that time in the roads, stood neutral. But the Americans and their abettors were not content with defensive law. The marines whom he had sent to secure the ships had prevented some of the masters from going ashore; and those persons, by whose depositions it appeared that the vessels and cargoes were American property, declared that they had given their testimony under bodily fear, for that a man with a drawn sword in his hand had stood over them the whole time. A rascally lawyer, whom the party employed, suggested this story; and as the sentry at the cabin-door was a man with a drawn sword, the Americans made no scruple of swearing to this ridiculous falsehood, and commencing prosecutions against him accordingly. They laid their damages at the enormous amount of £40,000; and Nelson was obliged to keep close on board his own ship, lest he should be arrested for a sum for which it would have been impossible to find bail. The marshal frequently came on board to arrest him, but was always prevented by the address of the first lieutenant, Mr Wallis. Had he been taken, such was the temper of the people, that it was certain he would have been cast for the whole sum. One of his officers, one day, in speaking of the restraint which he was thus compelled to suffer, happened to use the word pity! ‘Pity!’ exclaimed Nelson: ‘Pity! did you say? I shall live, sir, to be envied! and to that point I shall always direct my course.’ Eight weeks he remained under this state of duresse. During that time the trial respecting these detained ships came on in the Court of Admiralty. He went on shore under a protection for the day from the judge; but notwithstanding this, the marshal was called upon to take that opportunity of arresting him, and the merchants promised to indemnify him for so doing. The judge, however, did his duty, and threatened to send the marshal to prison if he attempted to violate the protection of the Court. Mr Herbert, the president of Nevis, behaved with singular generosity upon this occasion. Though no man was a greater sufferer by the measures which Nelson had pursued, he offered in court to become his bail for £10,000, if he chose to suffer the arrest. The lawyer whom he had chosen proved to be an able as well as an honest man; and, notwithstanding the opinions and pleadings of most of the counsel of the different islands, who maintained that ships of war were not justified in seizing American vessels without a deputation from the Customs, the law was so explicit, the case so clear, and Nelson pleaded his own cause so well, that the four ships were condemned. During the progress of this business he sent a memorial home to the king: in consequence of which, orders were issued that he should be defended at the expense of the Crown. And upon the representations which he made at the sametime to the Secretary of State, and the suggestions with which he accompanied it, the Register Act was framed. The sanction of Government, and the approbation of his conduct which it implied, were highly gratifying to him: but he was offended, and not without just cause, that the Treasury should have transmitted thanks to the commander-in-chief for his activity and zeal in protecting the commerce of Great Britain. ‘Had they known all,’ said he, ‘I do not think they would have bestowed thanks in that quarter, and neglected me. I feel much hurt that, after the loss of health and risk of fortune, another should be thanked for what I did against his orders. I either deserved to be sent out of the service, or at least to have had some little notice taken of what I had done. They have