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 BOREASarrived at Nevis, she found four American vessels deeply laden, and what are called the island colours flying--white, with a red cross.
They were ordered to hoist their proper flag, and depart within 48hours; 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 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 L40,000; 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 remained in this state of duresse. During that time the trial respecting the 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.
