At first, the frigate took single reefs in her top-sails, set topgallant-sails over them, and hauled up on taut bow-lines. But seeing no signs of our studding-sails coming down, she shook out her reefs, squared her yards, set top-mast studding-sails, and kept off to a course that would be certain to intercept us. She was up on our line of sailing some little time before we got down to her, and she kept standing off and on, hauling up her courses, and furling her topgallant-sails and hauling down all of her light sails, the jib excepted As for the Dawn, she kept steadily on, carrying everything she could bear. We had top-mast and lower studding-sails, and not a tack or sheet had been touched when we got within a quarter of a mile of the frigate. The Englishman now showed his colours, when we let him see the stars and stripes. Still no sail was touched on board us. As if surprised at our obstinacy, John Bull let fly a chase-gun, taking good care not to send the shot very near us. I thought it time, now, to shorten sail and to pretend to see him. We began to haul down our studding-sails, merchant-fashion, and were fairly alongside of the frigate before even this preliminary step to heaving-to was effected. As we approached, the frigate bore up, and ran off in company with us, keeping a hundred fathoms distance from us, and watching us closely. At this instant, I ordered the topgallant-sails settled on the caps, as a sign we intended to let him board us. At length, having reduced the sail to the three top-sails, reefed, I hove-to the Dawn, and waited for a visit from the Englishman's boat. As soon as the frigate saw us fairly motionless, she shot up on our weather quarter, half a cable's length distant, swung her long, saucy-looking yards, and lay-to herself. At the same instant her lee-quarter boat dropped into the water, with the crew in it, a boy of a mid-shipman scrambled down the ship's side and entered it also, a lieutenant followed, when away the cockle of a thing swept on the crest of a sea, and was soon pulling round under our stern. I stood on the lee quarter, examining my visiters, as they struggled against the swell, in order to get a boat-hook into our main chains. The men were like any other man-of-war's men, neat, sturdy, and submissive in air. The reefer was a well-dressed boy, evidently a gentleman's son; but the lieutenant was one of those old weather-beaten sea-dogs, who are seldom employed in boats, unless something more than common is to be done. He was a man of forty, hard-featured, pock-marked, red-faced, and scowling. I afterwards ascertained he was the son of some underling about the Portsmouth dock-yard, who had worked his way up to a lieutenancy, and owed his advancement principally to his readiness in impressing seamen. His name was Sennit. We threw Mr. Sennit a rope, as a matter of course, and Marble met him at the gangway with the usual civilities. I was amused with the meeting between these men, who had strictly that analogy to each other which is well described as "diamond cut diamond." Each was dogmatical, positive, and full of nautical conceit, in his own fashion; and each hated the other's country as heartily as man could hate, while both despised Frenchmen. But Sennit knew a mate from a master, at a glance; and, without noticing Marble's sea-bow, a slight for which Marble did not soon forgive him, he walked directly aft to me, not well pleased, as I thought, that a ship-master had neglected to be at the gangway to meet a sea lieutenant. "Your servant, sir," commenced Mr. Sennit, condescending to notice my bow; "your servant, sir; I suppose we owe the pleasure of your company, just now, to the circumstance of the weather's clearing." This sounded hostile from the go off; and I was determined to give as good as I received. "Quite likely, sir," was my answer, uttered as coolly as I could speak--"I do not think you got much the advantage, as long as there was thick weather." "Ay, you 're a famous fellow at hide and go seek, and I do not doubt would make a long chase in a dark night. But his Majesty's ship, Speedy, is not to be dodged by a Yankee." "So it would seem, sir, by your present success." "Men seldom run away without there is a cause for it. It's my business to find out the reason why you have attempted it; so, sir, I will thank you for the name of your ship, to begin with?" "The Dawn, of New York." "Ay, full-blooded Yankee--I knew you were New England, by your tricks." "New York is not in New England; nor do we call a New York ship, a Yankee," put in Marble. "Ay, ay--if one were to believe all you mates from the t' other side, say, he would soon fancy that King George held his throne by virtue of a commission from President Washington." "President Washington is dead, Heaven bless him!" retorted Marble--"and if one were to believe half of what you English say, he would soon fancy that President Jefferson held his office as one of King George's waiting men." I made a sign for Marble to be silent, and intimated to the lieutenant I was ready to answer any further inquiries he wished to make. Sennit did not proceed, however, without giving a significant look at the mate, which to me, seemed to say, "I have pressed a mate in my time." "Well, sir, the Dawn, of New York," he continued, noting the name in his pocket-book--"How are you called yourself?" "The Dawn, of New York, Miles Wallingford, master." "Miles Wallingford, master. Where from, whither bound, and with what laden?" "From New York; bound to Hamburg; cargo sugars, coffee, and cochineal." "A very valuable cargo, sir," observed Mr. Sennit, a little drily. "I wish for your sake, it had been going to any other part of the world, as this last war has sent the French into that part of Germany, and Hamburg is suspected of being rather too much under Boney's influence." "And were we bound to Bordeaux, sir, what power have you to stop a neutral, at this distance at sea?" "If you put it on power, Mr. Wallingford, you depend on a crutch that will betray you. We have power enough to eat you, should that be necessary--I suppose you mean right." "I shall not dispute with you, sir, about words." "Well, to prove to you that I am as amicably disposed as yourself, I will say no more on the subject. With your permission, I will now examine your papers; and to show you that I feel myself among friends, I will first send my own boat back to the Speedy." I was infinitely disgusted with this man's manner. It had the vulgar sort of witticism about even his air, that he so much affected in his speech; the whole being deformed by a species of sly malignancy, that rendered him as offensive as he seemed to me to be dangerous. I could not refuse to let a belligerent look at my papers, however, and went below to get them, while Sennit gave some private orders to his reefer, and sent him away to the frigate. While on this subject, the reader must excuse an old man's propensity to gossip, if I say a word on the general question of the right of search. As for the pretence that was set up by some of the advocates of impressment out of neutral ships, which laid down the position, that the belligerent being on board in the exercise of an undoubted right to inquire into the character of the ship and cargo, he took with him the right to lay hands on all the subjects of his own sovereign he might happen to find there, it is not worthy of a serious reply. Because a man has a right to take the step preliminary to the discharge of an admitted power, as an incident of that power, it does not follow that he can make the incident a principle, and convert it into a justification of acts, unlawful in themselves. On this head, therefore, I shall say nothing, holding it to be beyond dispute among those who are competent to speak on the subject at all. But the abuse of that admitted power to board and ascertain the character of a ship, has created so lively a feeling in us Americans, as to induce us to forego some of the wholesome principles that are necessary to the well-being of all civilized nations. It is thus, in my judgment, that we have quite recently and erroneously laid down the doctrine that foreign vessels of war shall not board American ships on the coast of Africa, in a time of peace, in order to ascertain their character. On this subject I intend to speak plainly. In the first place, I lay no claim to that spurious patriotism which says, "our country, right or wrong." This may do for the rabble; but it will not do for God, to whom our first and highest obligations are due. Neither country, nor man, can justify that which is wrong; and I conceive it to be wrong, in a political if not in a moral sense, to deny a vessel of war the privilege which England here claims. I can see but one plausible argument against it, and that is founded on the abuses which may arise from the practice. But it will not do to anticipate abuses in this instance, more than in any other. Every right, whether national or international, may be abused in its exercise; and the argument, if good for anything, is as good against every other right of international law, as it is against this. Abuse, after it has occurred, might be a justifiable reason for suspending the exercise of an admitted right, until some remedies were applied to prevent their recurrence, but it can never be urged as a proper argument against the right itself. If abuses occur, we can get them remedied by proper representations; and, if these last fail, we have the usual appeal of nations. As well might it be said, the law of the land shall not be administered, because the sheriff's officers are guilty of abuses, as to say the law of nations shall cease because we apprehend that certain commercial rivalries may induce others to transcend them. When the wrong is done, it will be time enough to seek the remedy. That it is the right of a vessel of war to ascertain the character of a ship at sea, is dependent on her right to arrest a pirate, for instance. In what manner can this be done, if a pirate can obtain impunity, by simply hoisting the flag of some other country, which the cruiser is obliged to respect? All that the latter asks is the power to ascertain if that flag is not an imposition; and this much every regularly commissioned public ship should be permitted to do, in the interests of civilization, and in maintenance of the police of the seas. The argument on the other side goes the length of saying, that a public cruiser is in the situation of a sheriff's officer on shore, who is compelled to arrest his prisoner on his own responsibility. In the first place, it may be questioned if the dogma of the common law which asserts the privilege of the citizen to conceal his name, is worthy of a truly enlightened political freedom. It must not be forgotten that liberty first took the aspect of franchises, in which men sought protection from the abuses of power in any manner they could, and often without regarding the justness of the general principles with which they were connected; confusion in these principles arising as a consequence. But, admitting the dogma of the common law to be as inherently wise, as it is confessedly a practice, there is no parallel in the necessity of the case of an arrest on shore and of an arrest at sea. In the former instance the officer may apply to witnesses;--he has the man before him, and compares him with the description of the criminal; and, should he make an erroneous arrest, under misleading circumstances, his punishment would be merely nominal--in many cases, nothing. But the common law, whilst it gives the subject this protection, does not deny the right of the officer to arrest. It only punishes the abuse of this power, and that is precisely what nations ought to do, in a case of the abuse of the right to examine a merchantman. The vessel of war cannot apply to witnesses, and cannot judge of national character by mere external appearances, since an American-built ship can be sailed by Portuguese. The actual necessities of the case are in favour of the present English claim, as well as that great governing principle, which says that no great or principal right can exist, in international law, without carrying with it all the subordinate privileges which are necessary to its discreet exercise. Thus much I could not refrain from saying, not that I think John Bull is very often right in his controversies with ourselves, but because I think, in this case, he is; and because I believe it far safer, in the long run, for a nation, or an individual, to have justice on his side, than always to carry his point. I was soon on deck, carrying my writing-desk under my arm, Mr. Sennit preferring to make his examination in the open air, to making it below. He read the clearance and manifest with great attention. Afterwards he asked for the shipping articles. I could see that he examined the names of the crew with eagerness, for the man was in his element when adding a new hand to his frigate's crew. "Let me see this Nebuchadnezzar Clawbonny, Mr. Wallingford," he said, chuckling. "The name has an alias in its very absurdity, and I doubt not I shall see a countryman--perhaps a townsman." "By turning your head, sir, you can easily see the man. He is at the wheel." "A black!--umph--yes; those fellows do sometimes sail under droll titles. I do not think the lad was born at Gosport." "He was born in my father's house, sir, and is my slave." "Slave! A pretty word in the mouth of a free and independent son of liberty, Mr. Wallingford. It is lucky you are not bound to that land of despotism, old England, or you might see the fetters fall from about the chap's limbs." I was nettled, for I felt there was some justice in this sarcasm, and this, too, at the very moment I felt it was only half-merited: and not at all, perhaps, from an Englishman. But Sennit knew as much of the history of my country as he did of his own, having obtained all he had learned of either out of newspapers. Nevertheless, I succeeded in keeping silent. "Nathan Hitchcock; this chap has a suspiciously Yankee name; will you let me see him, sir," observed the lieutenant. "The chap's name, then, does him no more than justice, for I believe he is strictly what we call a Yankee." Nathan came aft at the call of the second-mate, and Sennit no sooner saw him than he told him to go forward again. It was easy to see that the man was perfectly able to distinguish, by means of the eye alone, between the people of the two countries, though the eye would sometimes deceive even the most practised judges. As the Speedy was not much in want of men, he was disposed not to lay his hands on any but his own countrymen. "I shall have to ask you, sir, to muster all your people in the gangway," said Sennit, rising, as he passed me the ship's papers. "I am only a supernumerary of the Speedy, and I expect we shall soon have the pleasure of seeing her first on board, the Honourable Mr. Powlett. We are a nob ship, having Lord Harry Dermond for our captain, and lots of younger sons in the cock-pit." I cared little who commanded or officered the Speedy, but I felt all the degradation of submitting to have my crew mustered by a foreign officer, and this, too, with the avowed object of carrying away such portions of them as he might see fit to decide were British subjects. In my judgment it would have been much more creditable and much wiser for the young Hercules to have made an effort to use his club, in resisting such an offensive and unjustifiable assumption of power, than to be setting up doubtful claims to establish principles of public law that will render the exercise of some of the most useful of all international rights perfectly nugatory. I felt a disposition to refuse compliance with Sennit's request, and did the result only affect myself I think I should have done so; but, conscious that my men would be the sufferers, I thought it more prudent to comply. Accordingly, all the Dawn's people were ordered to muster near the quarter-deck. While I endeavour to do justice to principles, I wish to do no injustice to Sennit. To own the truth, this man picked out the Englishman and Irishman as soon as each had answered his first questions. They were ordered to get their things ready to go on hoard the Speedy, and I was coolly directed to pay them any wages that might be due. Marble was standing near when this command was given; and seeing disgust, most likely, in my countenance, he took on himself the office of replying: "You think accounts should be balanced, then, before these men quit the ship?" he asked, significantly. "I do, sir; and it's my duty to see it done. I will thank you to attend to it at once," returned the lieutenant. "Well, sir, that being the case, we shall be receivers, instead of payers. By looking at the shipping articles, you will see that each of these men received fifty dollars, or two months' advance," [seamen's wages were as high, frequently, in that day, as twenty or thirty dollars;] "and quite half of the 'dead-horse' remains to be worked out. We will, therefore, thank His Majesty to pay us the odd twenty-five dollars for each of the men." "What countryman are you?" demanded the lieutenant, with a menacing look. "Cornish, by your impudence: have a care, sir; I have carried off mates, before now, in my day." "I came from the land of tombstones, which is an advantage; as I know the road we all must travel, sooner or later. My name is Marble, at your service; and there's a hard natur' under it, as you'll find on trial." Just at this moment, the frigate's boat came round her stern, carrying the Hon. Mr. Powlett, or the gentleman whom Sennit had announced as her first-lieutenant. I thought the rising anger of the last was a little subdued by the appearance of his senior officers: social position and private rank making even a greater difference between the two, than mere date of commission. Sennit suppressed his wrath, therefore; though I make no doubt the resentment he felt at the contumelious manner of my mate, had no little influence on what subsequently occurred. As things were, he waited, before he proceeded any further, for the Speedy's boat to come alongside. Mr. Powlett turned out to be a very different sort of person from his brother lieutenant. There was no mistaking him for anything but a gentleman, or for a sailor. Beyond a question, he owed his rank in his ship to family influence, and he was one of those scions of aristocracy (by no means the rule, however, among the high-born of England) who never was fit for anything but a carpet-knight, though trained to the seas. As I afterwards learned, his father held high ministerial rank; a circumstance that accounted for his being the first-lieutenant of a six-and-thirty, at twenty, with a supernumerary lieutenant under him who had been a sailor some years before he was born. But, the captain of the Speedy, himself, Lord Harry Dermond, was only four-and-twenty; though he had commanded his ship two years, and fought one very creditable action in her. After making my best bow to Mr. Powlett, and receiving a very gentleman-like salutation in return, Sennit led his brother officer aside, and they had a private conference of some little length together. "I shall not meddle with the crew, Sennit," I overheard Powlett say, in a sort of complaining tone, as he walked away from his companion. "Really, I cannot become the master of a press-gang, though the Speedy had to be worked by her officers. You are used to this business, and I leave it all to you." I understood this to be a carte blanche to Sennit to carry off as many of my people as he saw fit; there being nothing novel or surprising in men's tolerating in others, acts they would disdain to perform in person. As soon as he left his junior in rank, the youthful first-lieutenant approached me. I call him youthful, for he appeared even younger than he was, though I myself had commanded a ship when only of his own age. It was easy to see that this young man felt he was employed on an affair of some importance. "It is reported to us, on board the Speedy, sir," the Hon. Mr. Pewlett commenced, "that you are bound to Hamburg?" "To Hamburg, sir, as my papers will show." "Our government regards all trade with that part of the continent with great distrust, particularly since the late movements of the French. I really wish, sir, you had not been bound to Hamburg." "I believe Hamburg is still a neutral port, sir; and, if it were not, I do not see why an American should not enter it, until actually blockaded." "Ah! these are some of your very peculiar American ideas on such subjects! I cannot agree with you, however, it being my duty to obey my orders. Lord Harry has desired us to be very rigorous in our examination, and I trust you will understand we must comply, however unpleasant it may be, sir. I understand, now, sugar and coffee are exceedingly suspicious!" "They are very innocent things rightly used, as I hope mine will be." "Have you any particular interest in the cargo, Captain Wallingford?" "Only that of owner, sir. Both ship and cargo are my own private property." "And you seem to be English, or American--for, I confess myself unable to tell the difference between the people of the two countries, though I dare say there is a very great difference." "I am an American by birth, as have been my ancestors for generations." "I declare that is remarkable! Well, I can see no difference. But, if you are American, I do not see why the sugar and coffee are not American, too. Lord Harry, however, desired us to be very particular about these things, for some reason or other. Do you happen to know, now, where this sugar grew?" "The canes of which it was made grew, I believe, in St. Domingo." "St. Domingo!--Is not that a French Island?" "Certainly, in part, sir; though the Spaniards and the negroes dispute the possession with the French." "I declare I must send Lord Harry word of this! I am exceedingly sorry, Captain Wallingford, to detain your ship, but my duty requires me to send a young gentleman on board the Speedy for orders." As I could urge no plausible objection, the young gentleman was again sent back to the frigate. In the mean time, Sennit had not been idle. Among my crew were a Swede and a Prussian, and both these men having acquired their English in London or Liverpool, he affected to believe they were natives of the old island, ordering them to get their dunnage ready to go under the pennant. Neither of the men, however, was disposed to obey him, and when I joined the group, leaving the Hon. Mr. Powlett waiting the return of his boat, on the quarter-deck, I found the three in a warm discussion on the subject. "I'll tell you what it is, Mr. Wallingford," Sennit cried, as I approached, "we will compromise matters. Here are two fellows who are Lancashire men, if the truth were known, that pretend to be Norwegians, or Fins, or to come from some other outlandish country or other, and I wish to place them under His Majesty's pennant, where they properly belong; as they are so reluctant to receive this honour, I will consent to take that fine-looking Kentish man, who is worth them both put together." As this was said, Sennit pointed to Tom Voorhees, an athletic, handsome young North River man, of Dutch extraction, a fellow who had not a drop of English blood in his veins, and the ablest-bodied and the best seaman in the Dawn; a fact that the lieutenant's nautical tact had not been slow to detect. "You are asking me to let you have a man who was born within ten miles of myself," I answered, "and whose family I know to be American, for near two centuries." "Ay, ay; you're all of old families in America, as everybody knows. The chap is English born, for a hundred guineas; and I could name a spot in Kent, not ten miles distant from that where he first saw the light. I do not say, however, you were not his neighbour--for you have a Dover look, yourself." "You might be less disposed to pleasantry, sir, were this a thirty-six, or were you and I on shore." Sennit gave me a disdainful look, and terminated the affair by ordering Voorhees to get his chest ready, and to join the two other men he had pressed. Taking example, however, from the Swede and the Prussian, Voorhees walked away, using no measures to obey. As for myself, thoroughly disgusted with this man, a vulgar rogue, I walked aft to the other lieutenant, who was only a gentleman-like dunce. Mr. Powlett now began to converse of London; and he told me how often he had been at the opera when last in town,--and remarked what an exceedingly delightful fÊte champÊtre was lady somebody's entertainment of that sort. This occupied us until the boat returned, with a very civil request from the captain of the Speedy, that I would do him the favour to pay him a visit, bringing with me the ship's papers. As this was what no belligerent had a right to demand, though privateersmen constantly did it, I could comply or not. Fancying it might expedite matters, regarding the civility of the request as a good omen, and feeling a desire to deal with principals, in an affair that was very needlessly getting to be serious, I consented to go. Marble was called, and formally told to take charge of the ship. I could see a smile of contempt on Sennit's face, at this little ceremony, though he made no objection in terms. I had expected that the first-lieutenant would go to the frigate with me, but, after a short consultation with his junior, the last was deputed to do me this honour. Sennit now appeared disposed to show me every slight and indignity it was in his power to manifest. Like all vulgar-minded men, he could not refrain from maltreating those whom he designed to injure. He made me precede him into the boat, and went up the Speedy's side first, himself, on reaching that vessel. His captain's conduct was very different. Lord Harry was not a very noble looking personage, as your worshippers of rank imagine nobility to appear, but he was decidedly well-mannered; and it was easy enough to see he commanded his own ship, and was admirably fitted so to do. I have had occasion to learn that there is a vast deal of aristocratic and democratic cant, on the subject of the appearance, abilities, qualities and conduct of Europeans of birth and station. In the first place, nature has made them very much as she makes other people; and the only physical difference there is proceeds from habit and education. Then, as to the enervating effects of aristocracy, and noble effeminacy, I have seen ten times as much of it among your counter-jumpers and dealers in bob binet, as I have seen in the sons of dukes and princes; and, in my later days, circumstances have brought me much in contact with many of these last. Manliness of character is far more likely to be the concomitant of aristocratic birth, than of democratic, I am afraid; for, while those who enjoy the first feel themselves above popular opinion, those who possess the last bow to it, as the Asiatic slave bows to his master. I wish I could think otherwise; but experience has convinced me of these facts, and I have learned to feel the truth of an axiom that is getting to be somewhat familiar among ourselves, viz.--"that it takes an aristocrat to make a true democrat." Certain I am, that all the real, manly, independent democrats, I have ever known in America, have been accused of aristocracy, and this simply because they were disposed to carry out their principles, and not to let that imperious sovereign, "the neighbourhood," play the tyrant over them. As for personal merit, quite as fair a proportion of talent is found among the well-born as among the low; and he is but an ad captandum vulgus sort of a philosopher who holds the contrary doctrine. Talleyrand was of one of the most ancient and illustrious houses of Europe, as was Turenne; while Mansfield, Erskine, Grey, Wellington, and a host of Englishmen of mark of our time, come of noble blood. No--no--The cause of free institutions has much higher and much juster distinctions to boast of, than this imaginary superiority of the humbly born over those who come of ancient stock. Lord Harry Dermond received me just as one of his station ought to receive one of mine; politely, without in the least compromising his own dignity. There was a good-natured smile on his face, of which, at first, I did not know what to make. He had a private conversation with Sennit, too; but the smile underwent no change. In the end, I came to the conclusion that it was habitual with him and meant nothing. But, though so much disposed to smile Lord Harry Dermond was equally disposed to listen to every suggestion of Sennit, that was likely to favour the main chance. Prize-money is certainly a great stain on the chivalry of all navies, but it is a stain with which the noble wishes to be as deeply dyed as the plebeian. Human nature is singularly homogeneous on the subject of money; and younger-son nature, in the lands of majorats and entails, enjoys a liveliness of longing on the subject, that is quite as conspicuous as the rapacity of the veriest plebeian who ever picked a pocket. "I am very sorry, Captain Wallingford," Captain Lord Harry Dermond observed to me, when his private conference with Sennit was ended, and altogether superior to the weakness of Powlett, who would have discussed the point, "that it is my duty to send your ship into Plymouth. The French have got such an ascendency on the continent, that we are obliged to use every act of vigilance to counteract them: then, your cargo is of enemy's growth"." "As for the ascendency, my lord, you will see we Americans have nothing to do with it; and my cargo, being necessarily of last year's crops, must have been grown and manufactured in a time of general peace. If it were not, I do not conceive it would legalize my capture." "We must leave Sir William Scott to decide that, my good sir," answered the captain,'with his customary smile; "and there is no use in our discussing the matter. An unpleasant duty"--as if he thought the chance of putting two or three thousand pounds in his pocket, unpleasant!--"an unpleasant duty, however, need not be performed in a disagreeable manner. If you will point out what portion of your people you could wish to keep in your ship, it shall be attended to. Of course, you remain by your property your self; and I confess, whatever may be done with the cargo, I think the ship will be liberated. As the day is advancing, and it will require some little time to exchange the people, I should be exceedingly happy if you would do me the favour to lunch in my cabin." This was gentlemanly conduct, if it were not lawful. I could foresee a plenty of evil consequences to myself in the delay, though I own I had no great apprehensions of a condemnation. There was my note to John Wallingford to meet, and two months' detention might keep me so long from home, as to put the payment at maturity quite out of the question. Then came the mortgage on Clawbonny, with its disquieting pictures; and I was in anything but a good humour to enjoy Lord Harry Dermond's hospitality. Still, I knew the uselessness of remonstrances, and the want of dignity there would be in repining, and succeeded in putting a good face on the matter. I simply requested that my chief mate, the cook, and Neb, might be left in the Dawn, submitting it to the discretion of my captors to take out of her as many of the remainder of her people as they saw fit. Lord Harry remarked it was not usual to leave a mate, but to oblige me, he would comply. The frigate would go in for water, in the course of a fortnight, when I might depend on having the entire crew, His Majesty's subjects excepted, restored to my command. |