During the year 1785 it happened that two of these pseudo-foreign smuggling craft were chased by an English frigate. Owing to the fact that the frigate had no pilot on board, one of these vessels escaped, but the other, after a chase lasting five hours, realised that she would soon be overhauled. Her master, therefore, threw overboard his cargo as the frigate fast approached, and in company with a number of his crew took to his large boat. The lugger, after no fewer than twenty shots had been fired at her, hove-to. On taking possession of the lugger and examining her papers it appeared that her master's name was the very English-sounding Thomas March, and yet he described himself as a burgher of Ostend, the vessel being owned by a merchant.

The master's excuse was that he was a pilot-boat cruising with a number of pilots on board, and for this reason it was decided to give him the benefit of the doubt and not detain him. But the frigate's captain had noticed that before the lugger had hove-to during the evening a part of the cargo had been thrown overboard. The following morning, therefore, he proceeded on board a Revenue cutter, "went into the track where the cargo was thrown overboard," and was able to find just what he had expected, for he located and drew out of the sea no fewer than 700 half-ankers of foreign spirits.

This precedent opened up an important question; for if a neutral vessel, or indeed any craft similarly circ.u.mstanced as the above, were to anchor off the English coast it was hardly possible to detect her in running goods, as it seldom took more than an hour to land a whole cargo, owing to the great a.s.sistance which was given from the people on the sh.o.r.e. For, as it was officially pointed out, as soon as one of these vessels was sighted 300 people could usually be relied on with 200 or more carts and waggons to render the necessary service.

Therefore the commanders of the cutters sought legal advice as to how they should act on meeting with luggers and cutters without Admiralty pa.s.ses on the English coast but more or less protected with foreign papers and sailing under foreign colours.

The matter was referred to the Attorney-General, who gave his opinion that vessels were forfeitable only in the event of their being the property in whole or part of his Majesty's subjects; but where the crew of such a vessel appeared all to be English subjects, or at any rate the greatest part of them, it was his opinion that there was a sufficient reason for seizing the vessel if she was near the English coast. She was then to be brought into port so that, if she could, she might prove that she belonged wholly to foreigners. "A British subject," continued the opinion, "being made a burgher of Ostend does not thereby cease to be a subject. Vessels hovering within four leagues of the British coast, with an illicit cargo, as that of this vessel appears to have been, are forfeited whether they are the property of Britons or foreigners."

It was not once but on various occasions that the Customs Board expressed themselves as dissatisfied with the amount of success which their cruisers had attained in respect of the work allotted to them.

At the beginning of the year 1782 they referred to "the enormous increase of smuggling, the outrages with which it is carried on, the mischiefs it occasions to the country, the discouragement it creates to all fair traders, and the prodigious loss the Revenue sustains by it." The Board went on to state that "diligent and vigorous exertions by the cruising vessels employed in the service of the Customs certainly might very much lessen it." The Commissioners expressed themselves as dissatisfied with the lack of success, and ordered that the officers of the Waterguard were especially to see that the commander and mate of every Revenue vessel or boat bringing in a seizure were actually on board when such seizure was made.

A few days later--the date is January 16, 1788--the Board, having received information that great quant.i.ties of tobacco and spirits were about to be smuggled in from France, Flanders, Guernsey, and Alderney, warned the Preventive officers of the various ports, and directed the commanders of the Admiralty cruisers, which happened to be stationed near the ports, to be especially vigilant to intercept "these attempts of the illicit dealers, so that the Revenue may not be defrauded in those articles to the alarming degree it has. .h.i.therto been." And the officers were bluntly told that if they were to exert themselves in guarding the coast night and day such fraudulent practices could not be carried on in the shameful manner they now were. "And though the Riding officers may not always have it in their power to seize the goods from a considerable body of smugglers, yet if such officers were to keep a watchful eye on their motions, and were to communicate early information thereof to the Waterguard, they may thereby render essential service to the Revenue."

When the soldiers a.s.sisted the Revenue officers in making seizures on sh.o.r.e it was frequently the case that the military had difficulty in recovering from the Revenue men that share of prize-money which was their due. The Collector of each port was therefore directed in future to retain in his hands out of the officers' shares of seizures so much as appeared to be due to the soldiers, and the names of the latter who had rendered a.s.sistance were to be inserted in the account of the seizures sent up to headquarters. But the jealousy of the military's aid somehow never altogether died out, and ten years after the above order there was still delay in rendering to the army men their due share of the seizures.

The commanders of the Revenue cruisers were told to keep an especial watch on the homeward-bound East Indiamen to prevent "the illicit practices that are continually attempted to be committed from them."

Therefore these cruisers were not only to watch these big ships through the limits of their own station, but also to keep as near them when under sail as possible, provided this can be done with safety and propriety. But when the East Indiamen come to anchor the cruisers are also to anchor near them, and compel all boats and vessels coming from them to bring-to in order to be examined. They are "then to proceed to rummage such boats and vessels. And if any goods are found therein they are to be seized, together with the boats in which they are found." The importance of this very plain instruction is explained by the further statement that "some of the commanders of the cruisers in the service of the Revenue endeavour to shun these ships, and thereby avoid attending them through their station."

On Christmas Eve of 1784 the Customs Commissioners sent word to all the ports saying that they suspected that there were a good many vessels and boats employed in smuggling which were thus liable to forfeiture. Therefore, within forty-eight hours from the receipt of this information sent by letter, a close and vigorous search was to be made by the most active and trusty officers at each port into every bay, river, creek, and inlet within the district of each port, as well as all along the coast, so as to discover and seize such illegal vessels and boats. And if there were any boats quartered within the neighbourhood of each port, timely notice of the day and hour of the intended search was to be sent by the Collector and Controller in confidence to the commanding officer only, that he might hold his soldiers in readiness. Yet, again the Board exhorted the Revenue officers "to exert yourselves to the utmost of your power ... and as it is very probable that the places where such boats and vessels are kept may be known to the officers who have long resided at your port, you are to acquaint such officers that if they value their characters or employments, or have any regard to the solemn oath they took at their admission, we expect they will, on this occasion, give the fullest and most ample information of all such places, and will cheerfully afford every other aid and a.s.sistance in their power, to the end that the said vessels and boats may be discovered and seized.

"And to prevent them from being launched into the water, and carried off by the smugglers after seizure, you are to cause one of the streaks (= strakes) or planks to be ripped off near the keel, taking care at the same time to do as little other injury to each boat as possible."

We now come to witness the reappearance of an old friend of whom we last made mention in the North Sea. The year we are now to consider is 1788, and the 15th of July. On that day H.M. cutter _Kite_ was sailing from Beachy Head to the westward. She pa.s.sed to the southward of the Isle of Wight without sighting it, as the weather was thick. Later in the day it cleared as they got near to the Dorsetshire coast, and about 7.30 P.M., when they were between Peveril Point (near Swanage) and St. Alban's Head, and it was clearer and still not night, the ship's surgeon discovered a vessel some distance away on the weather bow. The weather had now cleared so much that the house on the top of St. Alban's Head was quite visible. The surgeon called the attention of a midshipman on board to the strange vessel. The midshipman, whose name was Cornelius Quinton, took a bearing, and found that the stranger bore W.S.W. from the cutter, and was steering E.S.E. He also took a bearing of Peveril Point, which bore N.1/2W., and judged the smuggler to be about 9 miles from Peveril Point. About 8 o'clock the cutter began to give chase, and this continued until 11 P.M., the course being now S.E. After a time the lugger hauled up a point, so that she was heading S.E. by S., the wind being moderate S.W. During the chase the lugger did her best to get away from the cutter, and set her main topsail. The cutter at the time was reefed, but when she saw the lugger's topsail going up she shook out her reefs and set her gaff topsail. It was some little time before the _Kite_ had made up her mind that she was a smuggler, for at first she was thought to be one of the few Revenue luggers which were employed in the service. About 11 o'clock, then, the _Kite_ was fast overhauling her, notwithstanding that the lugger, by luffing up that extra point, came more on the wind and so increased her pace. It was at first a cloudy night--and perhaps that may have made the _Kite's_ skipper a little nervous, for he could hardly need to be reefed in a moderate breeze--but presently the sky cleared.

As the _Kite_ approached she hoisted her signals and fired a musket shot. (As there is a good deal of confusion existing concerning the signals of the old Revenue cutters, it is worth noting that although it was night these signals were displayed. I make this statement on the unimpeachable sworn evidence of the _Kite's_ crew, so the matter cannot be questioned.) But in spite of these signals, which every seafaring man of that time knew very well meant that the pursued vessel was to heave-to, the lugger still held on and took no notice.

After that the _Kite_ continued to fire several times from her swivel guns. Later still, as the _Kite_ came yet closer, the latter hailed her and requested her to lower her sails, informing her at the same time that she was a King's cutter. Still the lugger paid no heed, so the cutter now fired at her from muskets. It was only after this that the lugger, seeing her chance of escape was gone, gave up, lowered sail, wore round, and came under the _Kite's_ stern. The cutter hoisted out a boat, the midshipman already mentioned was sent aboard the lugger, and the latter's master was brought to the _Kite_, when whom should they find to be their prisoner but David Browning, better known as "Smoker," of North Sea fame? When the _Kite's_ captain asked for his papers "Smoker" replied that he had no papers but a bill of sale. He was afterwards heard to remark that if he had understood the log line he would not have been so near the land as he was, and admitted he had been bound for Flushing, having doubtless just landed a cargo on the beach.

The lugger was found to be decked and clinker-built with a running bowsprit on which she set a jib. Six carriage guns were also found on board, mounted on her deck. Four of these guns were observed to be loaded, three with powder and one with shot, and they were 4-pounders.

After the capture was made the two vessels lay for a time hove-to on the heaving sea under the star-specked sky. The lugger was then put in charge of the midshipman and a prize crew from the cutter, the prisoners being of course taken on board the _Kite_. Both lugger and cutter then let draw their sails, and set a course N.E. for the Isle of Wight until 2 A.M. As it then came on thick the vessels hove-to until daylight, when sail was made again, the lugger being sent on ahead to sound, so as to see how near they were approaching the Isle of Wight. Later on they found themselves in 12 fathoms and judged themselves to be near the Owers. Eventually, having steered about N.N.E. and sighted Chichester Church in the distance, they went about and stood south, the wind having veered to W.N.W., and at 3.30 P.M.

let go anchor in Spithead. Browning in due time appeared in Court, and a verdict was given for the King, so that at last this celebrated smuggler had been caught after many an exciting chase.

It was not many years after this incident that a 70-ton cutter named the _Charming Molly_ arrived at Portsmouth. A Customs officer went on board her and found a man named May, who produced the key of the spirit-room, saying he was master of the ship. In the spirit-room the Customs officer found a hogshead of gin containing 62 gallons. May was anxious to show that this was quite legitimate, as there were sixteen men aboard and the contents of this cask were for their use. The Customs officer now inquired if there was any more liquor on the ship, and May replied in the negative, at first. The officer then said he would search the cabin, whereupon May added that there was a small cask which he had picked up at sea and had kept for the crew's use.

This cask was found in May's own state-room, and contained about three gallons of brandy, though it was capable of holding another gallon and no doubt recently had so done. However, May now said that that was the entire lot, and there was not a drop of anything else on board. Yet again the officer was not to be put off, and found in the state-room on the larboard side a place that was locked. May then explained that this locker belonged to a man named Sheriff, who was at present ash.o.r.e, and had the key with him. However May volunteered, if the officer saw fit, to open it, but at the same time a.s.sured him there was no liquor therein. The officer insisted on having it broken open, when there were discovered two new liquor cases containing each twelve bottles of brandy, making in all eight gallons, and two stone bottles of brandy containing five gallons. Even now May a.s.sured the officer that he had no more in the ship, but after a further search the officer found twelve dozen bottles of wine in a locked locker in the cabin.

We need not follow this case any further, but as a fine example of deliberate lying it is hard to beat. Throughout the exciting career of a smuggler, when chased or captured, in running goods by night or stealing out to get clear of the land before the sun came up, this one quality of coolness in action or in verbal evasion ever characterised him. He was so frequently and continuously face to face with a threatening episode that he became used to the condition.

FOOTNOTES:

[10] See also Appendix I.

CHAPTER VIII

PREVENTIVE ORGANISATION

We have already frequently referred to the Riding officers who were attached to practically all the chief ports of England. For the reasons already given the south-east coast had especially to be well provided in this respect. And, because of the proximity to the Isle of Man, the Solway Firth had also to be protected efficiently by these officers, additional, of course, to the aid rendered by the cruisers.

Wales, however, seems to have been left practically unprotected. In the year 1809 there was inaugurated what was known as the Preventive Waterguard in order to supplement the endeavours of the cruisers and Riding officers. Under this arrangement the coast of England and Wales was divided into three districts, each of which was under an Inspecting Commander, the Revenue cruisers being now included in the Preventive Waterguard.

The three districts with the three Inspecting Commanders were as follows:--

District 1.--Land's End to the Port of Carlisle inclusive. Inspecting Commander, Captain John Hopkins.

District 2.--North Foreland to Land's End. Inspecting Commander, Captain William Blake.

District 3.--North Foreland to the Port of Berwick inclusive.

Inspecting Commander, Captain John Sayers, "whose duty it is constantly to watch, inspect, and report to us [the Customs Board]

upon the conduct of the Commanders of Cruisers and the Sitters of Preventive Boats along the district."

For it was because they required a more effectual control and inspection of the officers employed in preventing and detecting smuggling that this fresh organisation was made. Certain stations were also allotted to the commanders of the cruisers, within each district--two to each station--and the stations and limits were also appointed for Preventive boats. The "sitters" of the Preventive boats were those who sat in the stern of these open, rowed craft and acted in command of them. The Collector and Controller were also addressed in the following terms, which showed that the Board were still doing their utmost to rid the service of the inefficiency and negligence to which we have had occasion to draw attention. "You are to observe,"

wrote the Commissioners, "that one material object of the duty imposed upon the Inspecting Commanders is to see that the cruisers are constantly and regularly on their stations, unless prevented by some necessary and unavoidable cause, and with their proper complements of men and boats, and if they are off their station or in port personally to examine into the occasion of their being so, and that they are absent from their station no longer than is essentially requisite."

At the end of every year the Inspecting Commanders were to lay before the Board of Customs the conduct of the several officers within their district and the state in which smuggling then was, and "whether on the progress or decline, in what articles, and at what places carried on." For the Board was determined "to probe the conduct of the Preventive officers and punish them" for any laxity and negligence, for which faults alone they would be dismissed. And in order that the vigilance and faithful duty in the commanders and officers on board the cruisers "may not be deprived of fair and due reward" their rate of pay was now increased, together with some addition made to the allowance for victualling, "and also to provide for the certainty of an annual emolument to a fixed amount in respect to the commanders and mates, by the following regulations":--

INSPECTING CRUISERS

Commander, each per annum, 200 to be made up to 500 net.

1st Mates, each per annum, 75 to be made up to 150 net.

2nd Mates, each per annum, 50 to be made up to 75 net.

But these increases were conditional on their salaries, shares of seizures and penalties, and all other emoluments of that description not having amounted to the salaries now offered. The deputed mariners were to have 5 or 3 each, per lunar month. Mariners who had no deputation were to have 3 a month, boys on the cruisers 10 per annum. As to victualling, the commanders and mates were to have 3s.

each per diem, mariners 1s. 6d. each per diem. Fire and candle for each person were to be allowed for at the rate of 1s. 6d. per lunar month.

Under each Inspecting Commander were to be two tenders in each district, and the mates who were acting as commanders of these were to have their existing 75 a year raised to 150 net in case their salaries, shares of seizures, and other emoluments of that description should not amount to these sums. Deputed mariners, mariners, boys, victualling, fire, and candle were all to be paid for just as in the case of the inspecting cruisers above mentioned. This was to date from October 10, 1809. A few months later a like improvement was made in the salaries of cruisers in general, for from the 5th of January 1810, commanders of these were to have their 100 per annum raised to 250 net--the above conditions "in case their salaries, shares of seizures, &c." did not make up this amount being also here prevalent--whilst first mates were to be raised from 60 to 100 net. If second mates were carried they were to have 50 per annum, deputed mariners 5 per annum and 2, 10s. per lunar month. Mariners were to have 2, 10s. per lunar month each, boys 10 per annum. Victualling, fire, and candle to be as already stated.

The early years of the nineteenth century showed that the evil of the previous hundred years was far from dead. The Collector at Plymouth, writing to the Board three days before Christmas of 1804, reported that there was a good deal of smuggling done, but that the worst places in his neighbourhood were two. Firstly, there was that district which is embraced by Bigbury, the Yealm, and Cawsand. In that locality the smuggling was done in vessels of from 25 to 70 tons. But in summer time the trade was also carried on by open spritsail boats of from eight to ten tons. These craft used to run across from Guernsey loaded with spirits in small casks. Up the river Yealm (just to the east of Plymouth Sound) and at Cawsand Bay the goods were wont to be run by being rafted together at some distance from the sh.o.r.e and afterwards "crept" up (_i.e._ by means of metal creepers or grapnels). The local smugglers would go out in their boats at low water during the night when the weather and the absence of the cruisers permitted and bring to land their booty. It appeared that 17,000 small casks of spirits were annually smuggled into Cawsand and the Yealm.

Secondly, the district to the west of Plymouth embracing Polperro and Mevagissey. The smuggling craft which brought goods to this locality were fast sailers of from 80 to 100 tons. But the goods which came into the general district of Plymouth were not carried far inland.

Those whose work it was to carry the goods after being landed were known as "porters," and were so accustomed to this heavy work that they could carry a cask of spirits six miles across the country at a good rate. When it is remembered that these casks were made necessarily strong of stout wood, that they contained each from 5 to 7-3/4 gallons, making a total weight of from 70 to 100 lbs. at least, we can realise something of the rude physical strength possessed by these men.

During this same year the Collector at Dartmouth also reported that smuggling had increased a good deal recently in the counties of Devon and Cornwall. The cutters and luggers from Guernsey carried their cargoes consisting of from 400 to 800 ankers of spirits each, with a few casks of port and sherry for the wealthier cla.s.ses, who winked at the illicit trade, and some small bales of tobacco. During the summer the goods were landed on the north side of Cornwall, between Land's End and Hartland Point, and thence distributed by coasters to Wales and the ports of the Bristol Channel, or carried inland on the backs of twenty or thirty horses, protected by a strong guard. But in the winter the goods were landed on the sh.o.r.es of the Bristol Channel, the farmers coming down with horses and carts to fetch the goods, which were subsequently lodged in barns and caves. Clovelly, Bideford, Combe Martin, and Porlock were especially notorious in this connection.

These goods were also regularly conveyed across Exmoor into Somersetshire, and other goods found a way into Barnstable. Coasters on a voyage from one part of England to another frequently broke their voyages and ran over to Guernsey to get contraband. The Island of Lundy was a favourite smuggling depot in the eighteenth century. From Ireland a good deal of salt was smuggled into Devonshire and Cornwall, the high duties making the venture a very profitable one--specially large cargoes of this commodity being landed near to Hartland Point.

And this Dartmouth Collector made the usual complaint that the Revenue cruisers of that period were easily outsailed by the smugglers.

The reader will recollect those regrettable incidents on the North Sea belonging to the eighteenth century, when we had to chronicle the names of Captains Mitch.e.l.l and Whitehead in that connection. Unhappily there were occasional repet.i.tions of these in the early part of the nineteenth century on the south coast. It happened that on the 19th of March in the year 1807 the _Swan_ Revenue cutter, a vessel of considerable size (for she had a burthen of 154 tons, a crew of twenty-three men, and was armed with twelve 4-pounders, two 9-pounders, and a chest of small arms) was cruising in the English Channel and found herself off Swanage. It should be added that at that time there was a kind of volunteer Preventive Guard at various places along the coast, which was known as the "Sea Fencibles." The Swanage "Fencibles" informed Mr. Comben, the cruiser's commander, that there were three luggers hovering off the coast, and these volunteers offered a number of their men to reinforce the _Swan's_ crew so that the luggers might be captured. To this Comben replied with a damper to the volunteers' enthusiasm: "If I was to take them on board and fall in with the enemy we could not do anything with them."

So the _Swan_ sailed away from Swanage Bay to the eastward and at midnight made the Needles. It now fell calm, but the luggers hove in sight and approached by means of their sweeps. As they came on, the cutter, instead of preparing to receive them in the only way they deserved, did nothing. But one of the _Swan's_ crew, whose name, Edward Bartlett, deserves to be remembered for doing his duty, asked Comben if he should fetch the grape and canister from below. Comben merely replied: "There is more in the cabin than we shall want: it will be of no use; it is all over with us." Such was the att.i.tude of one who had signed into a service for the prevention of smuggling craft. Instead of taking any definite action he waited despairingly for the enemy to come on. He then issued no orders to his crew to prepare to engage; he just did nothing and remained inactive under the white cliffs. But if their commander was a coward, at any rate his crew were determined to make a contest of it. They had actually to urge him to fight, but the luggers were right close on to the cutter before Comben had given the word. After that for three-quarters of an hour the crew fought the ship, and were at their respective quarters when Comben actually turned to the luggers and shouted to them: "Leave off firing; I have struck." During the engagement he had shown great signs of fear and never encouraged his crew to fight.

Seeing that they were led by a coward, the _Swan's_ crew also took fright and thought it best to flee. They therefore jumped into the cutter's boats and rowed ash.o.r.e, leaving their valiant commander to look after the _Swan_ as best he might. She was of course immediately captured by the luggers, and as for Comben, he was taken prisoner, carried to France, detained there, and did not return to England till after seven years, when an investigation was made into his conduct by the Surveyors-General of the Customs, his defence being that "his men had deserted him." As for the latter, they reached the sh.o.r.e safely and were again employed in the Preventive Service.

It is quite clear that the Customs Board sometimes lent their cutters to the Admiralty; and there is a letter dated October 10, 1809, from the Admiralty, in which permission is given for the cutters in the service of that Revenue to be released from their station at Flushing under the command of Rear-Admiral Sir Richard Strachan, and there is also a Customs House minute of July 7, 1806, to the effect that the _Swan_ and _Hound_ Revenue cutters might be placed under the orders of Lord Keith in the room of the _Stag_ and _Swallow_, for use at Cowes and Sh.o.r.eham, where these cruisers were to be stationed. And it was in this same year that the Board again emphasized the importance of the Revenue Service being supported by the Navy and Army, and that to this end the most effectual encouragement should be held out to both branches, so that they might co-operate vigorously in the suppression of smuggling. They further expressed themselves as of the opinion that "nothing will more effectually tend to encourage them to exert themselves than the certainty of receiving a speedy reward." And yet, again, were the Revenue officers enjoined "to be particularly careful to secure the men employed in smuggling vessels whenever it may be possible to effect it, as their lordships have the strongest reasons for believing that the apprehension of being detained and impressed into his Majesty's service will have a great effect in deterring the persons engaged in these illegal pursuits from continuing their pernicious habits."

It was also part of the duty of the Customs officers to attend to the Quarantine, and the Customs Board resolved "that it is fit to direct a distinguishing flag to be used on board all boats employed in the Quarantine service." At Sandgate Creek, Portsmouth, Falmouth, Bristol, Milford, Hull, Liverpool and Plymouth, by the advice of the Surveyor for Sloops, a flag was deposited in the Custom House at every port of the kingdom, and it was resolved that in the above ports there should be two, except Plymouth, which should have three. Cruisers were also employed in the Quarantine Service.

We have already seen something of the conditions of service and the pay of the cruisers' crews. He who was responsible for the upkeep and supervision of these cruisers was known as the Surveyor for Sloops.