Alfred Thayer Mahan - The Life of Nelson, Volume 1

Before the United States declared their independence, they, as British colonies, enjoyed the privilege of trading with their fellow-colonists under what was then the common flag; and the nearness of the two regions contributed to the advantage of both in this traffic, in which the continental communities were the chief suppliers of many articles essential to the islands, notably provisions and lumber. This mutual intercourse and dependence promoted a sympathy which was scarcely disguised in the West Indies during the War of Independence; indeed, Nelson wrote that many of the inhabitants were as arrant rebels as those who had renounced their allegiance. Under these conditions, when peace was restored, the old relations were readily resumed; and as there had really been considerable inconvenience and loss to the islanders from the deprivation of American products, the renewal was eagerly promoted by popular sentiment. The local authorities, as usual and natural, yielded to the pressure around them, and in entire disregard of the known policy of the home government permitted American vessels to trade openly under their own colors. In Jamaica the governor had even gone so far as to authorize formally a free trade, during pleasure, with the United States, contrary to the explicit orders of his superiors in Great Britain. Where scruples were felt or hesitation was shown, advantage was taken of the exceptions of the law, which allowed vessels in distress to sell so much of their cargoes as would pay for necessary repairs. With the tendency of commerce to evade restrictions by liberal stretching of the conscience, the merchant captain and the colonial officer found little difficulty in arranging that the damage should be great enough to cover the sale of the whole lading.

After laying up in Antigua during the hurricane season of 1784, Nelson was summoned to Barbadoes in November, with the other captains, to receive orders for the winter's cruising. These, when issued, were found to direct only the examination of anchorages, and the gathering of information about supplies of wood and water. Nelson's attention had been drawn already to the American traffic; and he, with his friend Collingwood, who was again on the station, went to the admiral, and urged that it was the duty of ships of war to enforce the Navigation Laws. The admiral professed ignorance of these; and Nelson himself remarks that British vessels up to that time had been so much cheaper built than others, that they had, without artificial protection, naturally absorbed their own colonial trade,—the question, therefore, had dropped out of sight till it was revived by American competition. A copy of the Act being then produced, Hughes gave an order requiring his vessels to enforce it; making special mention of the changed relations of the United States to Great Britain, whereby they were "to be considered as foreigners, and excluded from all commerce with the islands in these seas."

With these instructions Nelson sailed again for the north, where the Virgin Islands, with those of Montserrat, Nevis, and St. Christopher, were put under his especial charge,—the sloop "Rattler," Captain Wilfred Collingwood, a brother of the well-known admiral, being associated with the "Boreas." At first the two officers confined their action to warning off American vessels, and at times forcing them to leave ports where they had anchored; but they found that either the vessels returned during the absence of the ships of war, or that permissions to land, upon what they thought trivial grounds, were given by the Customs' officials, in virtue of the exceptions to the law above mentioned.

There matters stood until the 11th of January, 1785, Nelson acting by the authority of the commander-in-chief, but exercising his own discretion, and with forbearance, in carrying out his instructions. On the day named he received another order from the admiral, modifying the first upon the grounds of a more mature consideration, and of "the opinion of the King's Attorney-General" in the islands. Nelson was now directed, in case of a foreign merchant-ship coming within the limits of his station, to cause her to anchor near his own vessel and to report her arrival, and situation in all respects, to the governor of the colony where he then was; "and if, after such report shall have been made and received, the governor or his representative shall think proper to admit the said foreigner into the port or harbour of the island where you may be, you are on no account to hinder or prevent such foreign vessel from going in accordingly, or to interfere any further in her subsequent proceedings ."

Here the admiral not only raised, but also decided, the point as to whether the enforcement of the Navigation Act rested with naval officers, or was vested only in the civil authorities of the islands. Nelson was convinced that an essential part of the duty of ships of war, and especially when peace took from them so much of their military function, was to afford to the commerce of the nation proper protection, of which a necessary feature, according to the ideas of the age, was the interdiction of foreign traders. A seaman, he plausibly argued, could decide better than an unprofessional man the questions of injuries and distress upon which the unlawful traffic largely hinged. "In judging of their distress, no person can know better than the sea officers," he wrote to Hughes. "The governors may be imposed upon by false declarations; we, who are on the spot, cannot." He was aware, also, that a petition for relaxing the Act in favor of the American trade with the West Indies had been referred to the home government, by which it had been explicitly rejected. Strengthened by this knowledge, but actuated, after all, chiefly by his invariable resoluteness to assume responsibility where he felt he was right, he replied to the admiral's letter with a clear statement of the facts, concluding with the words: "Whilst I have the honour to command an English man-of-war, I never shall allow myself to be subservient to the will of any Governor, nor coöperate with him in doing illegal acts .... If I rightly understand your order of the 29th of December, it is founded upon an Opinion of the King's Attorney-General, viz.: 'That it is legal for Governors or their representatives to admit foreigners into the ports of their government, if they think fit.' How the King's Attorney-General conceives he has a right to give an illegal opinion, which I assert the above is, he must answer for. I know the Navigation Laws." As he summed up the matter in a letter to his friend Locker: "Sir Richard Hughes was a delicate business. I must either disobey my orders, or disobey Acts of Parliament, which the admiral was disobeying. I determined upon the former, trusting to the uprightness of my intention. In short, I wrote the Admiral that I should decline obeying his orders, till I had an opportunity of seeing and talking to him, at the same time making him an apology."

Hughes's first impulse was to supersede his recalcitrant subordinate, and bring him to trial. He learned, however, that many of the other captains, of whom the court must be formed, shared his junior's views, although they shrank, with the submissiveness of military men, from the decisive act of disobedience. The result of a trial must therefore be doubtful. He was, moreover, a fiddler, as Nelson continually styled him, shifting back and forth, from opinion to opinion, and to be relied upon for only one thing,—to dodge responsibility, if possible. Consequently, no official action was taken; the commander-in-chief contented himself with washing his hands of all accountability. He had given orders which would clear himself, in case Nelson's conduct was censured in England. If, on the contrary, it was approved, it would redound to the credit of the station.

The matter was soon brought to a test. The governors and all the officials, particularly of the Custom House, resented the action of the naval officers; but the vigilance of the latter so seriously interrupted the forbidden traffic under American colors, that recourse was had to giving British registers to the vessels concerned, allowing them to trade under British flags. This, however, was equally contrary to the Navigation Act, which forbade British registry to foreign-built ships, except when prizes taken in war; and the disguise wast too thin to baffle men like Collingwood and Nelson. The latter reported the practice to the home Government, in order that any measures deemed necessary might be taken. Meanwhile he patiently persisted in turning away all vessels, not British built, which he encountered, confining himself for the time to this merely passive prevention; but finding at last that this was not a sufficient deterrent, he gave notice that after the 1st of May, 1785, he would seize all American vessels trading to the islands, "let them be registered by whom they might." Accordingly, on the 2d of May he arrested an American-built schooner, owned in Philadelphia and manned entirely by Americans, but having a British register issued at the island of St. Christopher.