Part 9

Accordingly, in November 1784, the hurricane months being over, and the squadron arrived at Barbadoes, where the ships were to separate for the different islands, with no other orders than those for examining anchorages, and usual enquiries after wood and water, as this did not appear to him the intent of placing men of war, in peaceable times, he asked Captain Collingwood to accompany him, their sentiments being exactly similar, and ask the commander in chief a few questions. They, accordingly, proceeded together, to Sir Richard Hughes; when Captain Nelson respectfully asked, whether 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 replied, that he had no particular orders, nor had the Admiralty sent him any acts of parliament. That, Captain Nelson remarked, was very singular, as every captain of a man of war was furnished with the Statutes of the Admiralty, in which the Navigation Act was included; which act was directed to admirals, captains, &c. to see it carried into execution. On producing and reading these laws to Sir Richard, to use Captain Nelson's own words, "he seemed convinced that men of war were sent abroad for some other purpose than to be made a show of;" and, the Americans then filling our ports, orders were issued for all the squadrons to see the Navigation Act carried into execution.

When Captain Nelson went to his station, at St. Kitt's, he sent away all the Americans; not chusing to seize them at that time, lest it should have appeared a trap laid for them.

In December, to his utter astonishment, he received an order from the commander in chief, stating that he had obtained good advice, and required that the Americans might not only be prevented from coming in, but permitted to have free egress and regress, if the governor chose to allow them. He inclosed, at the same time, a copy of the orders which he had sent to the governors and presidents of the islands. Some, on this, began by sending letters, not far different from orders, that they should admit them in such and such situations as they described: telling Captain Nelson, that Sir Richard had left it to them; but, that they thought it right to let him know it. These, however, he soon silenced. The commander in chief's was a more delicate business. He was under the necessity of either disobeying orders, or of disobeying acts of parliament which he conceived the latter was disobeying. He, therefore, nobly determined on the former: trusting to the uprightness of his intention; and fully confiding, that his country would not allow him to be ruined by protecting it's commerce. He sent to Sir Richard; expatiated on the navigation laws, to the best of his ability; and frankly told him, that some person, he was certain, had been giving him advice, which he would be sorry for having taken, against the positive directions of acts of parliament. He expressed his conviction, that Sir Richard had too much regard for the commerce of Great Britain, to suffer our worst enemy to take it from us; and that, too, at a time when Great Britain was straining every nerve to suppress illegal trade at home, which only affected her revenue: that he hoped we should not be so singular, as to allow of a much more ruinous traffic's being carried on under the king's flag. He added, in short, that he should decline obeying his orders, till he had an opportunity of seeing and talking to him; making, at the same time, an apology for any seeming impropriety.

Sir Richard Hughes was, at first, going to send a captain to supersede him: but, having mentioned the matter to his captain, was informed, that all the squadron seemed to think the orders sent were illegal; and, therefore, did not know how far Captain Nelson was obliged to obey them. Such being their sentiments, he could not have been there tried by a court-martial.

Captain Nelson now proceeded to inform the people of the custom-house, that he should, after such a day, seize all foreign vessels found in our islands; and, till then, keep them out to the utmost of his power. They fancied, however, that he could not seize, without a deputation; and, therefore, disregarded his threats.

In May 1785, accordingly, he seized the first American vessel. Immediately, he had the governor, the officers of the customs, and most of the planters, for his enemies. Subscriptions were instantly set on foot, and soon filled, to prosecute him; and the admiral stood neuter, though his flag was then flying in the roads.

This last circumstance grieved him; but there was nothing by which he could either be dismayed or deterred from any act which he considered as forming part of his positive duty.

Though he had thus offended most of the heads of distributive justice, and the demons of the law were accordingly let loose on him, before the first vessel's complaint was brought to trial, he had seized four others under similar predicaments. On these occasions, too, having ordered the masters on board his ship, to examine them; and sent marines to take forcible possession of their vessels, without allowing any person whatever to go on shore; he had many different actions brought against him, for detention, false imprisonment, &c. and damages laid, in the various causes, at the enormous sum of forty thousand pounds!

The consequence was, that he remained a close prisoner on board his own ship eight weeks, to prevent being arrested for a sum which it would have been impossible for him to have found bail.

When the trial came on, he was protected, for the day, by the judge. The marshal, however, was engaged to arrest him, and the merchants promised to indemnify that officer for the act: but, the judge having declared that he would send him to prison, if he dared take such a step, he thought proper to desist.

Let it, however, never be forgotten, that Captain Nelson had the good fortune to find an honest lawyer; and, that the President of Nevis offered the court to become his bail for ten thousand pounds, if he chose to suffer the caption! The worthy president declared, that Captain Nelson had done only his duty; and, though himself suffered more in proportion than any of them, he could not possibly blame him.

Thus, supported by an upright judge, an honest attorney, and a sincere and opulent friend, after a trial of two days, he carried his cause, and the American vessels were condemned.

As a last resource, when under the terrors of the law, the only terrors his heroic mind ever felt, he had transmitted a memorial to his majesty; who, immediately, says Captain Nelson, "had the goodness to order me to be defended at his expence; and sent orders to Mr. Shirley to afford me every assistance in the execution of my duty: referring him to my letters, &c. as there was, in them, what concerned him not to have suffered."

This kindness was particularly grateful, as it manifested the fullest approbation of Captain Nelson's conduct; but he felt far from being pleased to find, that the chief praise bestowed by government on the occasion was addressed to the very person whom, he could not but be of opinion, least deserved it. "The treasury," says he, "by the last packet, has transmitted thanks to the commander in chief, and the officers under him, for their activity and zeal in protecting the commerce of Great Britain. Had they known what I have told you, I don't think they would have bestowed thanks in that quarter, and neglected me. I feel much hurt that, after all the loss of health, and risque of fortune, another should be thanked for that which I did, and against his orders. I either deserved to be sent out of the service, or at least have had some little notice taken of me. They have thought it worthy of notice, and have neglected me. If this is the reward for a faithful discharge of my duty, I shall be careful, and never stand forward again. But, I have done my duty, and have nothing to accuse myself of."

What is thus urged against the propriety of giving most thanks to him who had, from misconception or misrepresentation, been induced rather to prevent than promote those operations by which thanks were obtained; and not particularly directing the smallest attention, otherwise than by indemnifying his law expences, to the individual who had, at all hazards, effectually performed them; is certainly very natural. Let it be considered, however, that government might not be so sufficiently informed of all the particulars as to warrant their entering into a nice degree of just discrimination.

About this period, March 1786, Captain Nelson seems to have been engaged in paying his addresses to the widow of Dr. Nesbit, of the Island of Nevis, Mrs. Frances Herbert Nesbit, who was a daughter of William Herbert, Esq. the senior judge, and niece of his brother the president: for he says, in a letter to Captain Locker, "most probably, the next time you see me, will be as a Benedict; I think, I have found a woman who will make me happy." He adds, that he shall tell him more shortly; but, that his paper is full. In two subsequent letters, however, one of the 29th of December following, and the other of the 9th of February 1787, not an additional word appears respecting the lady.

In the mean time, Admiral Sir Richard Hughes had, in August, quitted the command; and, shortly after, Captain Nelson received orders from the Admiralty, to take the Pegasus and Solebay frigates under his command, immediately on their arrival from Nova Scotia, which was about the latter end of November. The Pegasus being commanded by Prince William Henry, the Duke of Clarence, his royal highness was, of course, under the command of Captain Nelson; who did every thing in his power to prevent his illustrious friend from being a loser by this pleasing circumstance. They were, in fact, mutually attached to each other, and almost inseparable companions. He knew that the prince had foibles, as well as private men; but he knew, also, that they were far overbalanced by his virtues. In his professional line, he considered him as superior to nearly two-thirds of the list; and, in attention to orders, and respect to his superiors, Captain Nelson declared, that he hardly ever knew his equal.

The prince was every where received with all the honour and respect due to his rank, at our different islands: and was invited, also, by the French Governor of Martinico, the Viscount de Damas; and the Baron de Clugny, Governor of Guadaloupe; to favour their islands with a visit.

On the 14th of February, Captain Nelson writes to his friend Captain Locker, from Montserrat--"I am here, with the Pegasus and Solebay. The island has made fine addresses, and good dinners. Tomorrow, we sail for Nevis and St. Christopher's, where the same fine things will be done over again. His royal highness keeps up strict discipline in his ship; and, without paying him any compliment, she is one of the first ordered frigates I have seen. He has had more plague with his officers than enough. His first-lieutenant will, I have no doubt, be broke. I have put him under arrest; he having written for a court-martial on himself, to vindicate his conduct, because his captain thought proper to reprimand him in the order-book. In short, our service has been so much relaxed during the war, that it will cost many a court-martial to bring it up again."

The affair above alluded to, which made considerable noise at the time, appears to have been this: the prince, on going ashore, is said to have left express orders, that none of the crew should, during his absence, be permitted to quit the ship. The lieutenant, however, from the general maxim, that the superior officer on board has a right to exercise uncontrouled command, permitted a boat to go on shore with some of the men. This coming to his royal highness's knowledge, who could not possibly be pleased with what appeared manifestly done in defiance of his instructions, he adopted the method which has been mentioned of expressing, in the order-book, his disapprobation of the act.

Captain Nelson proved, by his conduct on the occasion, what he thought of the business: and, without his knowledge of naval usage, a man at all conversant in legal constructions, or even the plainest principles of common sense, must see, if he is not blinded by prejudice, that the general rule above alluded to could never be intended to overthrow any positive orders left by a superior officer, at the will of the inferior. If, indeed, a case of necessity should arise, the latter would have a right to act according to his discretion; but it must always be at his peril, if he cannot prove, at least, that it appeared to be absolutely necessary; still more so, if he manifestly breaks through, wilfully or perversely, the very orders which himself received from his superior officer, and is consequently bound to see regularly carried into execution.

It is somewhat remarkable, that Captain Nelson, in writing to Captain Locker, whom he always considered as a sort of father as well as a friend, on the day preceding his departure for Nevis, where he was a few weeks afterwards married to the widow of Dr. Nesbit, a physician of that island, should not even yet muster sufficient resolution to say that he was then going to take possession of the woman who, he thought, was destined to make him happy.

To this lady, who had a son then about nine years of age, he was, at length, early in March 1787, actually united. The marriage was celebrated with considerable splendour, and his Royal Highness the Duke of Clarence did them the honour to stand as the bride's father on the joyful occasion.

A very few days afterwards, he proceeded, in the Boreas, on his passage to Tortola, with his royal highness, who had then only that island and Grenada left unvisited. Indeed, ever since November, his time had been entirely taken up in attending the prince on his tour round these islands.

On the 21st of March, he wrote, while at sea, to Captain Locker, expressing how happy he should be when the time arrived for a voyage to England. "No man," he observes, "has had more illness, or more trouble, on a station, than I have experienced: but, let me lay a balance on the other side--I am married to an amiable woman, that far makes amends for every thing. Indeed, till I married her, I never knew happiness. I shall have great pleasure in introducing you to her."

The prince, he adds, who has shewn him every act of kindness that the most professed friendship could bestow, was expected to leave the country in June; and, by that time, himself hopes orders will arrive for his returning to England. He wonders that any independent man will accept the command of this station: "for," he concludes, "there is nothing pleasant to be got by it."

In June 1787, accordingly, the term of three years usually allotted to ships employed on such stations in times of peace being expired, he was ordered home; and arrived at Portsmouth the beginning of July, with Mrs. Nelson and her son.

From this place he writes, on the 3d instant, to his friend Captain Locker; and, speaking of his "dear wife," says-- "I have no doubt you will like her, on acquaintance; for, although I must be partial, yet she possesses great good sense, and good temper."