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Nelson's Efforts to prevent the American Traffic.

wood and water. Nelson asked his friend Captain Collingwood, of the Mediator, whose sentiments corresponded with his own, to accompany him to the commander-in-chief. He respectfully inquired if they were not to attend to the commerce of their country, and to take care that the British trade was kept in those channels which the navigation-laws pointed out. Sir Richard Hughes replied that he had no particular orders, neither had the Admiralty sent him any acts of parliament. Nelson remarked that this was very singular, as every captain of a man-of-war was furnished with the Statutes of the Admiralty, which included the Navigation Act; that act was directed to admirals, captains, &c. in order to its being carried into execution. Sir Richard said that he had never seen the book. Nelson produced it, and read the laws to him, on which, to use his own words, the admiral "seemed convinced that men-ofwar were sent abroad for some other purpose than to be made a show of." Orders were in consequence issued for the enforcement of the Navigation Act.

Accordingly, Captain Nelson, on arriving at his station, St. Kitts, sent away all the Americans, not choosing to seize without due warning, lest it might appear as if a trap had been laid for them. But, in December, to his utter astonishment, he received a communication from the commander-in-chief, stating that he had obtained good advice, agreeably to which he required not only that the Americans should not be prevented from coming in, but should be allowed free egress and regress, if the governor chose to permit it. He enclosed, at the same time, a copy of the orders which he had sent to the governors and presidents of the islands. Some of the latter now took it upon themselves to send letters, nearly equivalent to orders, intimating that Americans would be admitted under certain circumstances,

Nelson's Efforts to prevent the American Traffic.

telling Captain Nelson that Sir Richard had left the matter to them, but that they thought it right to inform him of their determination. These, however, he soon silenced: but with the commander-in-chief he had a much more delicate business. His own account of it, in a letter to Captain Locker, is as follows:

"I must either 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 allow me to be ruined by protecting her commerce. I first sent to Sir Richard, expatiated on the Navigation Law to the best of my ability, told him I was certain some person had been giving him advice, which he would be sorry for having taken, against the positive directions of Acts of Parliament; and that I was certain he had too much regard for the cominerce of Great Britain to suffer our worst enemies to take it from us. At a time when Great Britain was straining every nerve to suppress illegal trade at home, which only affected the revenue, I hoped we should not be singular in allowing a much more ruinous traffic to be carried on under the king's flag, and, in short, that I should decline obeying his orders, until I had an opportunity of seeing and talking to him, at the same time making him an apology. At first, I hear, he was going to send an officer to supersede me; but, having mentioned the business to his captain, the latter said, he believed the squadron thought he had sent illegal orders, therefore did not know how far they were obliged to obey them.' This being their sentiments, he could not try me here, and now he finds I am right, and thanks me for having put him so.

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"I told the Custom Houses I should after such a day seize all foreigners I found in our islands, and I

Nelson's Efforts to prevent the American Traffic.

kept them out to the utmost of my power until that time. The Custom Houses fancied I could not seize without a deputation, therefore disregarded my I had the threats. In May last I seized the first. governor, the customs, all the planters, upon me; subscriptions were soon filled to prosecute me, and my admiral stood neuter, though his flag was then in the roads. Before the first vessel was tried, I had seized four others; and, having sent for the masters on board to examine them, and the marines on board the vessels not allowing some of these masters to go on shore, I had suits taken out against me, and damages laid at the enormous sum of £40,000 sterling. When the trial came on, I was protected by the judge for the day; but the marshal was desired to arrest me, and the merchants promised to indemnify him for the act. The judge, however, having declared he would send him to prison if he dared to do it, he desisted. I fortunately attached myself to an honest lawyer; and, don't let me forget, the President of Nevis offered in court to become my bail for £10,000 if I chose to suffer the arrest: he told them I had only done my duty, and, although he suffered more in proportion than any of them, he could not blame me. At last, after a trial of two days, we carried our cause, and the vessels were condemned. I was a close prisoner on board for eight weeks: for, had I been taken, I most assuredly should have been cast for the whole sum. I had nothing left but to send a memorial to the king, and he was good enough to order me to be defended at his expence, and sent orders to General Shirley to afford me every assistance in the execution of my duty; referring him to my letters, as there was contained in them what concerned him not to have suffered.

"The Treasury, by the last packet, transmitted thanks to Sir Richard Hughes and the officers under

Nelson's Efforts to prevent the American Traffic. him, for their activity and zeal in protecting the commerce of Great Britain. Had they known what I have told you, and if my friends think I may without impropriety tell the story myself, I shall do it when I get home, 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, and 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 thought it worthy of notice, and yet have neglected me. But I have done my duty, and have nothing to accuse myself of."

It may be right to add a few particulars connected with this affair, not given by Nelson himself in the preceding narrative. It was on the arrival of the Boreas at Nevis, in 1785, that he seized the four American ships, which he found there deeply laden, and with what are called the island colours flying-white, with a red cross. These vessels were immediately visited, and the masters were directed, as they were known to be Americans and to have American cargoes on board, to hoist their proper colours, and leave the island within forty-eight hours. They denied being Americans, and refused to obey the order; upon which an examination of their crews took place, on board the Boreas, in the captain's cabin, before the Judge of the Admiralty, who happened to be in the ship; when they all confessed that they were Americans, and that their vessels and cargoes were wholly American property.

After the trial, which terminated in the condemnation of the vessels, when the American masters went on shore, they were questioned, by an attorney, provided by the cabal in league against Nelson, respecting the place and manner in which the depositions

His Suggestions give rise to the Register Act.

had been taken by him. Instigated by this attorney, they declared that they had given their depositions under the influence of bodily fear, for a man with a drawn sword — the sentry placed as usual at the cabin-door- had stood over them during the whole proceeding. On this ridiculous pretence it was that the action for damages was commenced against Nelson, which, as he says, confined him to his cabin for many weeks, Sundays excepted; as the damages were laid at such a sum that, had he been arrested, it would have been impossible for him to find bail. The marshal frequently came on board for the purpose, but, by the address of his first lieutenant, Mr. Wallis, Nelson was enabled to elude his vigilance. While confined to his ship by this shameful prosecution, one of his indignant officers happened when in conversation on the subject to use the word pity. "Pity!" exclaimed the Captain - "pity, did you say ? I shall live, sir, to be envied; and to that point I shall always direct my course.'

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Besides addressing the memorial mentioned above to the King, he represented the whole of these transactions, and the conduct of the officers of the revenue in the West India islands, to the secretary of state, suggesting to him the only mode that could be adopted to remove every shadow of pretence for the intercourse of Americans with those islands, to the prejudice of British subjects, as well as the authority that should be given to the officers of the navy, to seize all illicit traders, without being deputed by the officers of the customs and the excise. The step which he recommended was to change the registers of all vessels; and he proposed many other improvements and regulations connected with our West India trade, which were embodied in the act passed in 1786, and commonly called the Register Act, the judicious restrictions of which have materially con

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