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The Press-Gang Afloat and Ashore. J. R. Hutchinson
Читать онлайн.Название The Press-Gang Afloat and Ashore
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isbn 4064066165826
Автор произведения J. R. Hutchinson
Жанр Документальная литература
Издательство Bookwire
Backed by this opinion, so nicely in keeping with its own inclinations, the Admiralty kept the man. Its views, like its practice, had undergone an antipodal change since the Kingston incident of fifty years before. And possession, commonly reputed to be nine points of the law, more than made up for the lack of that element in Mr. Attorney-General's sophistical reasoning.
In this respect Thurlow was in good company, for although Coke, who lived before violent pressing became the rule, had given it as his opinion that the king could not lawfully press men to serve him in his wars, the legal luminaries who came after him, and more particularly those of the eighteenth century, differed from him almost to a man. Blackstone, whilst admitting that no statute expressly legalised pressing, reminded the nation—with a leer, we might almost say—that many statutes strongly implied, and hence—so he put it—amply justified it. In thus begging the question he had in mind the so-called Statutes of Exemption which, in protecting from impressment certain persons or classes of persons, proceeded on the assumption, so dear to the Sea Lords, that the Crown possessed the right to press all. This also was the view taken by Yorke, Solicitor-General in 1757. "I take the prerogative," he declares, "to be most clearly legal." [Footnote: Admiralty Records 7. 298—Law Officers' Opinions, 1733–56, No. 102.]
Another group of lawyers took similar, though less exalted ground. Of these the most eminent was that "great oracle of law," Lord Mansfield. "The power of pressing," he contends, "is founded upon immemorial usage allowed for ages. If not, it can have no ground to stand upon. The practice is deduced from that trite maxim of the Constitutional Law of England, that private mischief had better be submitted to than that public detriment should ensue."
The sea-lawyer had yet to be heard. With him "private mischief" counted for much, the usage of past ages for very little. He lived and suffered in the present. Of common law he knew nothing, but he possessed a fine appreciation of common justice, and this forced from him an indictment of the system that held him in thrall as scathing in its truth, its simplicity and its logic as it is spontaneous and untutored in its diction.
"You confidently tell us," said he, dipping his pen in the gall of bitterness, "that our King is a father to us and our officers friends. They are so, we must confess, in some respects, for Indeed they use us like Children in Whiping us into Obedience. As for English Tars to be the Legitimate Sons of Liberty, it is an Old Cry which we have Experienced and Knows it to be False. God knows, the Constitution is admirable well Callculated for the Safety and Happiness of His Majesty's Subjects who live by Employments on Shore; but alass, we are not Considered as Subjects of the same Sovereign, unless it be to Drag us by Force from our Families to Fight the Battles of a Country which Refuses us Protection." [Footnote: Admiralty Records 1. 5125—Petitions of the Seamen of the Fleet, 1797.]
Such, in rough outline, was the Impress System of the eighteenth century. In its inception, its development, and more especially in its extraordinary culmination, it perhaps constitutes the greatest anomaly, as it undoubtedly constitutes the grossest imposition, any free people ever submitted to. Although unlawful in the sense of having no foundation in law, and oppressive and unjust in that it yearly enslaved, under the most noxious conditions, thousands against their will, it was nevertheless for more than a hundred years tolerated and fostered as the readiest, speediest and most effective means humanly devisable for the manning of a fleet whose toll upon a free people, in the same period of time, swelled to more than thrice its original bulk. Standing as a bulwark against aggression and conquest, it ground under its heel the very people it protected, and made them slaves in order to keep them free. Masquerading as a protector, it dragged the wage-earner from his home and cast his starving family upon the doubtful mercies of the parish. And as if this were not enough, whilst justifying its existence on the score of public benefit it played havoc with the fisheries, clipped the wings of the merchant service, and sucked the life-blood out of trade.
It was on the rising tide of such egregious contradictions as these that the press-gang came in; for the press-gang was at once the embodiment and the active exponent of all that was anomalous or bad in the Impress System.
CHAPTER II. — WHY THE GANG WAS NECESSARY.
The root of the necessity that seized the British sailor and made of him what he in time became, the most abject creature and the most efficient fighting unit the world has ever produced, lay in the fact that he was island-born.
In that island a great and vigorous people had sprung into being—a people great in their ambitions, commerce and dominion; vigorous in holding what they had won against the assaults, meditated or actual, of those who envied their greatness and coveted their possessions. Of this island people, as of their world-wide interests, the "chiefest defence" was a "good fleet at sea." [Footnote: This famous phrase is used, perhaps for the first time, by Josiah Burchett, sometime Secretary to the Admiralty, in his Observations on the Navy, 1700.]
The Peace of Utrecht, marking though it did the close of the protracted war of the Spanish Succession, brought to the Island Kingdom not peace, but a sword; for although its Navy was now as unrivalled as its commerce and empire, the supreme struggle for existence, under the guise of the mastery of the sea, was only just begun. Decade after decade, as that struggle waxed and waned but went remorselessly on, the Navy grew in ships, the ships in tonnage and weight of metal, and with their growth the demand for men, imperative as the very existence of the nation, mounted ever higher and higher. In 1756 fifty thousand sufficed for the nation's needs. By 1780 the number had reached ninety-two thousand; and with 1802 it touched high-water mark in the unprecedented total of one hundred and twenty-nine thousand men in actual sea pay. [Footnote: Admiralty Records 7. 567-Navy Progress, 1756–1805. These figures are below rather than above the mark, since the official returns on which they are based are admittedly deficient.]
Beset by this enormous and steadily growing demand, the Admiralty, the defensive proxy of the nation, had perforce to face the question as to where and how the men were to be obtained.
The source of supply was never at any time in doubt. Here, ready to hand, were some hundreds of thousands of persons using the sea, or following vocations merging into the sea in the capacity of colliers, bargemen, boatmen, longshoremen, fishermen and deep-sea sailors or merchantmen, who constituted the natural Naval Reserve of an Island Kingdom—a reserve ample, if judiciously drawn upon, to meet, and more than meet, the Navy's every need.
The question of means was one more complicated, more delicate, and hence incomparably more difficult of solution. To draw largely upon these seafaring classes, numerous and fit though they were, meant detriment to trade, and if the Navy was the fist, trade was the backbone of the nation. The sufferings of trade, moreover, reacted unpleasantly upon those in power at Whitehall. Methods of procuration must therefore be devised of a nature such as to insure that neither trade nor Admiralty should suffer—that they should, in fact, enjoy what the unfortunate sailor never knew, some reasonable measure of ease.
In its efforts to extricate itself and trade from the complex difficulties of the situation, Admiralty had at its back what an eighteenth century Beresford would doubtless have regarded as the finest talent of the service. Neither the unemployed admiral nor the half-pay captain had at that time, in his enforced retirement at Bath or Cheltenham, taken seriously to parliamenteering, company promoting, or the concocting of pedigrees as a substitute for walking the quarter-deck. His occupation was indeed gone, but in its stead there had come to him what he had rarely enjoyed whilst on the active service list—opportunity. Carried away by the stimulus of so unprecedented a situation as that afforded by the chance to make himself heard, he rushed