The Press-Gang Afloat and Ashore Part 1

The Press-Gang Afloat and Ash.o.r.e.

by John R. Hutchinson.

CHAPTER I.

HOW THE PRESS-GANG CAME IN.

The practice of pressing men--that is to say, of taking by intimidation or force those who will not volunteer--would seem to have been world-wide in its adoption.

Wherever man desired to have a thing done, and was powerful enough to insure the doing of it, there he attained his end by the simple expedient of compelling others to do for him what he, unaided, could not do for himself.

The individual, provided he did not conspire in sufficient numbers to impede or defeat the end in view, counted only as a food-consuming atom in the human ma.s.s which was set to work out the purpose of the master mind and hand. His face value in the problem was that of a living wage.

If he sought to enhance his value by opposing the master hand, the master hand seized him and wrung his withers.

So long as the compelling power confined the doing of the things it desired done to works of construction, it met with little opposition in its designs, experienced little difficulty in coercing the labour necessary for piling its walls, excavating its tanks, raising its pyramids and castles, or for levelling its roads and building its ships and cities. These were the commonplace achievements of peace, at which even the coerced might toil unafraid; for apart from the normal incidence of death, such works entailed little danger to the lives of the mult.i.tudes who wrought upon them. Men could in consequence be procured for them by the exercise of the minimum of coercion--by, that is to say, the mere threat of it.

When peace went to the wall and the pressed man was called upon to go to battle, the case a.s.sumed another aspect, an acuter phase. Given a state of war, the danger to life and limb, the incidence of death, at once jumped enormously, and in proportion as these disquieting factors in the pressed man's lot mounted up, just in that proportion did his opposition to the power that sought to take him become the more determined, strenuous, and undisguised.

Particularly was this true of warlike operations upon the sea, for to the extraordinary and terrible risks of war were here added the ordinary but ever-present dangers of wind and wave and storm, sufficient in themselves to appal the unaccustomed and to antagonise the unwilling.

In face of these superlative risks the difficulty of procuring men was accentuated a thousand-fold, and with it both the nature and the degree of the coercive force necessary to be exercised for their procuration.

In these circ.u.mstances the Ruling Power had no option but to resort to more exigent means of attaining its end. In times of peace, working through myriad hands, it had constructed a thousand monuments of ornamental or utilitarian industry. These, with the commonweal they represented, were now threatened and must be protected at all costs.

What more reasonable than to demand of those who had built, or of their successors in the perpetual inheritance of toil, that they should protect what they had reared. Hitherto, in most cases, the men required to meet the national need had submitted at a threat. They had to live, and coercive toil meant at least a living wage. Now, made rebellious by a fearful looking forward to the risks they were called upon to incur, they had to be met by more effective measures. Faced by this emergency, Power did not mince matters. It laid violent hands upon the unwilling subject and forced him, _nolens volens_, to sail its ships, to man its guns, and to fight its battles by sea as he already, under less overt compulsion, did its bidding by land.

It is with this phase of pressing--pressing open, violent and unashamed--that we purpose here to deal, and more particularly with pressing as it applies to the sea and sailors, to the Navy and the defence of an Island Kingdom.

At what time the pressing of men for the sea service of the Crown was first resorted to in these islands it is impossible to determine. There is evidence, however, that the practice was not only in vogue, but firmly established as an adjunct of power, as early as the days of the Saxon kings. It was, in fact, coeval with feudalism, of which it may be described as a side-issue incidental to a maritime situation; for though it is impossible to point to any species of fee, as understood of the tenure of land, under which the holder was liable to render service at sea, yet it must not be forgotten that the great ports of the kingdom, and more especially the Cinque Ports, were from time immemorial bound to find ships for national purposes, whenever called upon to do so, in return for the peculiar rights and privileges conferred upon them by the Crown. The supply of ships necessarily involved the supply of men to sail and fight them, and in this supply, or, rather, in the mode of obtaining it, we have undoubtedly the origin of the later impress system.

With the reign of John the practice springs into sudden prominence.

The incessant activities of that uneasy king led to almost incessant pressing, and at certain crises in his reign commission after commission is directed, in feverish succession, to the sheriffs of counties and the bailiffs of seaports throughout the kingdom, straitly enjoining them to arrest and stay all ships within their respective jurisdictions, and with the ships the mariners who sail them. [Footnote: By a plausible euphemism they were said to be "hired." As a matter of fact, both ships and men were retained during the royal pleasure at rates fixed by custom.] No exception was taken to these edicts. Long usage rendered the royal lien indefeasible. [Footnote: In more modern times the pressing of ships, though still put forward as a prerogative of the Crown, was confined in the main to unforeseen exigencies of transport. On the fall of Louisburg in 1760, vessels were pressed at that port in order to carry the prisoners of war to France (_Admiralty Records_ 1. 1491--Capt.

Byron, 17 June 1760); and in 1764, again, we find Capt. Brereton, of the _Falmouth_, forcibly impressing the East India ship _Revenge_ for the purpose of transporting to Fort St. George, in British India, the company, numbering some four hundred and twenty-one souls, of the _Siam_, then recently condemned at Manilla as unseaworthy.--_Admiralty Records_ 1. 1498--Letters of Capt. Brereton, 1764.]

In the carrying out of the royal commands there was consequently, at this stage in the development of pressing, little if any resort to direct coercion. From the very nature of the case the principle of coercion was there, but it was there only in the bud. The king's right to hale whom he would into his service being practically undisputed, a threat of reprisals in the event of disobedience answered all purposes, and even this threat was as yet more often implied than openly expressed. King John was perhaps the first to clothe it in words.

Requisitioning the services of the mariners of Wales, a notoriously disloyal body, he gave the warrant, issued in 1208, a severely minatory turn. "Know ye for certain," it ran, "that if ye act contrary to this, we will cause you and the masters of your vessels to be hanged, and all your goods to be seized for our use."

At this point in the gradual subjection of the seaman to the needs of the nation, defensive or the contrary, we are confronted by an event as remarkable in its nature as it is epoch-making in its consequences.

Magna Charta was sealed on the 13th of June 1215, and within a year of that date, on, namely, the 14th of April then next ensuing, King John issued his commission to the barons of twenty-two seaports, requiring them, in terms admitting of neither misconstruction nor compromise, to arrest all ships, and to a.s.semble those ships, together with their companies, in the River of Thames before a certain day. [Footnote: Hardy, _Rotuli Litterarum Clausarum_, 1833.] This wholesale embargo upon the shipping and seamen of the nation, imposed as it was immediately after the ensealing of Magna Charta, raises a question of great const.i.tutional interest. In what sense, and to what extent, was the Charter of English Liberties intended to apply to the seafaring man?

Essentially a tyrant and a ruthless promise-breaker, John's natural cruelty would in itself sufficiently account for the dire penalties threatened under the warrant of 1208; but neither his tyranny, his faithlessness of character, nor his very human irritation at the concessions wrung from him by his barons, can explain to our satisfaction why, having granted a charter affirming and safeguarding the liberties of, ostensibly, every cla.s.s of his people, he should immediately inflict upon one of those cla.s.ses, and that, too, the one least of all concerned in his historic dispute, the pains of a most rigorous impressment. The only rational explanation of his conduct is, that in thus acting he was contravening no convention, doing violence to no covenant, but was, on the contrary, merely exercising, in accordance with time-honoured usage, an already well-recognised, clearly denned and firmly seated prerogative which the great charter he had so recently put his hand to was in no sense intended to limit or annul.

This view of the case is confirmed by subsequent events. Press warrants, identical in every respect save one with the historic warrant of 1216, continued to emanate from the Crown long after King John had gone to his account, and, what is more to the point, to emanate unchallenged. Stubbs himself, our greatest const.i.tutional authority, repeatedly admits as much. Every crisis in the destinies of the Island Kingdom--and they were many and frequent--produced its batch of these procuratory doc.u.ments, every batch its quota of pressed men. The inference is plain. The mariner was the bondsman of the sea, and to him the _Nullus liber h.o.m.o capiatur_ clause of the Great Charter was never intended to apply. In his case a dead-letter from the first, it so remained throughout the entire chapter of his vicissitudes.

The chief point wherein the warrants of later times differed from those of King John was this: As time went on the penalties they imposed on those who resisted the press became less and less severe. The death penalty fell into speedy disuse, if, indeed, it was ever inflicted at all. Imprisonment for a term of from one to two years, with forfeiture of goods, was held to meet all the exigencies of the case. Gradually even this modified practice underwent amelioration, until at length it dawned upon the official intelligence that a seaman who was free to respond to the summons of the boatswain's whistle const.i.tuted an infinitely more valuable physical a.s.set than one who cursed his king and his Maker in irons. All punishment of the condign order, for contempt or resistance of the press, now went by the board, and in its stead the seaman was merely admonished in paternal fashion, as in a Proclamation of 1623, to take the king's shilling "dutifully and reverently" when it was tendered to him.

In its apparent guilelessness the admonition was nevertheless woefully deceptive. Like the subdued beat of drum by which, some five years later, the seamen of London were lured to Tower Hill, there to be seized and thrown bodily into the waiting fleet, it masked under its mild exterior the old threat of coercion in a new form. The ancient pains and penalties were indeed no more; but for the back of the sailor who was so ill-advised as to defy the press there was another rod in pickle. He could now be taken forcibly.

For side by side with the negative change involved in the abolition of the old punishments, there had been in progress, throughout the intervening centuries, a positive development of far worse omen for the hapless sailor-man. The root-principle of direct coercion, necessarily inherent in any system that seeks to foist an arbitrary and obnoxious status upon any considerable body of men, was slowly but surely bursting into bud. The years that had seen the unprested seaman freed from the dread of the yardarm and the horrors of the forepeak, had bred a new terror for him. Centuries of usage had strengthened the arm of that hated personage the Press-Master, and the compulsion which had once skulked under cover of a threat now threw off its disguise and stalked the seafaring man for what it really was--Force, open and unashamed. The _dernier ressort_ of former days was now the first resort. The seafaring man who refused the king's service when "admonished" thereto had short shrift. He was "first knocked down, and then bade to stand in the king's name." Such, literally and without undue exaggeration, was the later system which, reaching the climax of its insolent pretensions to justifiable violence in the eighteenth century, for upwards of a hundred years bestrode the neck of the unfortunate sailor like some monstrous Old Man of the Sea.

Outbursts of violent pressing before the dawn of the eighteenth century, though spasmodic and on the whole infrequent, were not entirely unknown.

Times of national stress were peculiarly productive of them. Thus when, in 1545, there was reason to fear a French invasion, pressing of the most violent and unprecedented character was openly resorted to in order to man the fleet. The cla.s.s who suffered most severely on that occasion were the fisher folk of Devon, "the most part" of whom were "taken as marryners to serve the king." [Footnote: _State Papers_, Henry VIII.--Lord Russell to the Privy Council, 22 Aug. 1545. Bourne, who cites the incident in his _Tudor Seamen_, misses the essential point that the fishermen were forcibly pressed.]

During the Civil Wars of the next century both parties to the strife issued press warrants which were enforced with the utmost rigour. The Restoration saw a marked recrudescence of similar measures. How great was the need of men at that time, and how exigent the means employed to procure them, may be gathered from the fact, cited by Pepys, that in 1666 the fleet lay idle for a whole fortnight "without any demand for a farthing worth of anything, but only to get men." The genial diarist was deeply moved by the scenes of violence that followed. They were, he roundly declares, "a shame to think of."

The origin of the term "pressing," with its cognates "to press" and "pressed," is not less remarkable than the genesis of the violence it so aptly describes. Originally the man who was required for the king's service at sea, like his twin brother the soldier, was not "pressed"

in the sense in which we now use the term. He was merely subjected to a process called "presting." To "prest" a man meant to enlist him by means of what was technically known as "prest" money--"prest" being the English equivalent of the obsolete French _prest_, now _pret_, meaning "ready." In the recruiter's vocabulary, therefore, "prest" money stood for what is nowadays, in both services, commonly termed the "king's shilling," and the man who, either voluntarily or under duress, accepted or received that shilling at the recruiter's hands, was said to be "prested" or "prest." In other words, having taken the king's ready money, he was thenceforth, during the king's pleasure, "ready" for the king's service.

By the transfer of the prest shilling from the hand of the recruiter to the pouch of the seaman a subtle contract, as between the latter and his sovereign, was supposed to be set up, than which no more solemn or binding pact could exist save between a man and his Maker. One of the parties to the contract was more often than not, it is true, a strongly dissenting party; but although under the common law of the land this circ.u.mstance would have rendered any similar contract null and void, in this amazing transaction between the king and his "prest" subject it was held to be of no vitiating force. From the moment the king's shilling, by whatever means, found its way into the sailor's possession, from that moment he was the king's man, bound in heavy penalties to toe the line of duty, and, should circ.u.mstances demand it, to fight the king's enemies to the death, be that fate either theirs or his.

By some strange irony of circ.u.mstance there happened to be in the English language a word--"pressed"--which tallied almost exactly in p.r.o.nunciation with the old French word _prest_, so long employed, as we have seen, to differentiate from his fellows the man who, by the devious means we have here described, was made "ready" for the sea service.

"Press" means to constrain, to urge with force--definitions precisely connoting the development and manner of violent enlistment. Hence, as the change from covert to overt violence grew in strength, "pressing,"

in the mouths of the people at large, came to be synonymous with that most obnoxious, oppressive and fear-inspiring system of recruiting which, in the course of time, took the place of its milder and more humane antecedent, "presting." The "prest" man disappeared, [Footnote: The Law Officers of the Crown retained him, on paper, until the close of the eighteenth century--an example in which they were followed by the Admiralty. To admit his disappearance would have been to knock the bottom out of their case.] and in his stead there came upon the scene his later subst.i.tute the "pressed" man, "forced," as Pepys so graphically describes his condition, "against all law to be gone."

An odder coincidence than this gradual subst.i.tution of "pressed" for _prest,_ or one more grimly appropriate in its application, it would surely be impossible to discover in the whose history of nomenclature.

With the growth of the power and violence of the impress there was gradually inaugurated another change, which perhaps played a larger part than any other feature of the system in making it finally obnoxious to the nation at large--finally, because, as we shall see, the nation long endured its exactions with pathetic submission and lamentable indifference. The incidence of pressing was no longer confined, as in its earlier stages, to the overflow of the populace upon the country's rivers, and bays, and seas. Gradually, as naval needs grew in volume and urgency, the press net was cast wider and wider, until at length, during the great century of struggle, when the system was almost constantly working at its highest pressure and greatest efficiency, practically every cla.s.s of the population of these islands was subjected to its merciless inroads, if not decimated by its indiscriminate exactions.

On the very threshold of the century we stumble upon an episode curiously indicative of the set of the tide. Czar Peter of Russia had been recently in England, acquiring a knowledge of English customs which, on his return home, he immediately began to put in practice. His navy, such as it was, was wretchedly manned. [Footnote: The navy got together by Czar Peter had all but disappeared by the time Catherine II.

came to the throne. "Ichabod" was written over the doors of the Russian Admiralty. Their ships of war were few in number, unseaworthy, ill-found, ill-manned. Two thousand able-bodied seamen could with difficulty be got together in an emergency. The nominal fighting strength of the fleet stood high, but that strength in reality consisted of men "one half of whom had never sailed out of the Gulf of Finland, whilst the other half had never sailed anywhere at all." When the fleet was ordered to sea, the Admiralty "put soldiers on board, and by calling them sailors persuaded themselves that they really were so."--_State Papers, Russia,_ vol. lxxvii.--Macartney, Nov. 16-27, 1766.] Russian serfs made bad sailors and worse seamen. In the English ships thronging the quays at Archangel there was, however, plenty of good stuff-men who could use the sea without being sick, men capable of carrying a ship to her destination without piling her up on the rocks or seeking nightly shelter under the land. He accordingly pressed every ninth man out of those ships.

When news of this high-handed proceeding reached England, it roused the Queen and her advisers to indignation. Winter though it was, they lost no time in dispatching Charles Whitworth, a rising diplomat of the suavest type, as "Envoy Extraordinary to our Good (but naughty) Brother the Czar of Muscovy," with instructions to demand the release, immediate and unconditional, of the pressed men. Whitworth found the Czar at Moscow. The Autocrat of All the Russias listened affably enough to what he had to say, but refused his demand in terms that left scant room for doubt as to his sincerity of purpose, and none for protracted "conversations." "Every Prince," he declared for sole answer, "can take what he likes out of his own havens." [Footnote: _Admiralty Records_ 1. 1436--Capt. J. Anderson's letters and enclosures; _State Papers, Russia_, vol. iv.--Whitworth to Secretary Harley.] The position thus taken up was una.s.sailable. Centuries of usage hedged the prerogative in, and Queen Anne herself, in the few years she had been on the throne, had not only exercised it with a free hand, but had laid that hand without scruple upon many a foreign seaman.

The lengths to which the system had gone by the end of the third quarter of the century is thrown into vivid relief by two incidents, one of which occurred in 1726, the other fifty years later.

In the former year one William Kingston, pressed in the Downs--a man who hailed from Lyme Regis and habitually "used the sea"--was, notwithstanding that fact, discharged by express Admiralty order because he was a "substantial man and had a landed estate." [Footnote: _Admiralty Records_ 1. 1473--Capt Charles Browne, 25 March 1726, and endors.e.m.e.nt.]

The incident of 1776, known as the Duncan case, occurred, or rather began, at North Shields. Lieutenant Oaks, captain of the press-gang in that town, one day met in the streets a man who, unfortunately for his future, "had the appearance of a seaman." He accordingly pressed him; whereupon the man, whose name was Duncan, produced the t.i.tle-deeds of certain house property in London, down Wapping way, worth some six pounds per annum, and claimed his discharge on the ground that as a freeholder and a voter he was immune from the press. The lieutenant laughed the suggestion to scorn, and Duncan was shipped south to the fleet.

The matter did not end there. Duncan's friends espoused his cause and took energetic steps for his release. Threatened with an action at law, and averse from incurring either unnecessary risks or opprobrium where pressed men were concerned, the Admiralty referred the case to Mr.

Attorney-General (afterwards Lord) Thurlow for his opinion.

The point of law Thurlow was called upon to resolve was, "Whether being a freeholder is an exception from being pressed;" and as Duncan was represented in counsel's instructions--on what ground, other than his "appearance," is not clear--to be a man Who habitually used the sea, it is hardly matter for surprise that the great jurist's opinion, bia.s.sed as it obviously was by that alleged fact, should have been altogether inimical to the pressed man and favourable to the Admiralty.

"I see no reason," he writes, in his crabbed hand and nervous diction, "why men using the sea, and being otherwise fit objects to be impressed into His Majesty's service, should be exempted only because they are Freeholders. Nor did I ever read or hear of such an exemption.

Therefore, unless some use or practice, which I am ignorant of, gives occasion to this doubt, I see no reason for a Mariner being discharged, seriously, because he is a Freeholder. It's a qualification easily attained: a single house at Wapping would ship a first-rate man-of-war.

If a Freeholder is exempt, _eo nomine_, it will be impossible to go on with the pressing service. [Footnote: It would have been equally impossible to go on with the naval service had the fleet contained many freeholders like John Barnes. Granted leave of absence from his ship, the _Neptune,_ early in May, "in order to give his vote in the city,"

he "return'd not till the 8th of August."--_Admiralty Records_ 1.

2653--Capt. Whorwood, 23 Aug. 1741.] There is no knowing a Freeholder by sight: and if claiming that character, or even showing deeds is sufficient, few Sailors will be without it." [Footnote: _Admiralty Records_ 7. 299--Law Officers' Opinions, 1756-77, No. 64.]

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 c.o.ke, 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 cla.s.ses of persons, proceeded on the a.s.sumption, 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 Const.i.tutional 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.