“Our governors and custom-house officers pretended that by the
Navigation Act they had a right to trade; and all the West Indians
wished what was so much for their interest. Having given governors,
custom-house officers, and Americans, notice of what I would do, I
seized many of their vessels, which brought all parties upon me; and I
was persecuted from one island to another, so that I could not leave
my ship.” In this matter it may be said that Nelson found it necessary
to keep himself “a close prisoner” to avoid being served with writs
which had been issued against him by the owners of certain vessels
which he had taken, and who assessed their damages at several thousands
of pounds. “But conscious rectitude,” he adds, “bore me through it;
and I was supported, when the business came to be understood, from
home; and I proved (and an Act of Parliament has since established it)
that a captain of a man-of-war is in duty bound to support all the
maritime laws, by his Admiralty commission alone, without becoming a
custom-house officer.”
The ardent captain also fell foul of Hughes in another matter. The
commissioner of the dockyard at Antigua was Captain Moutray, a
half-pay officer whom Hughes, going beyond his powers, made commodore.
Nelson refused to recognise him as such. The case was investigated
by the Admiralty at the instigation of both parties, with the result
that Nelson was reprimanded for taking the law into his own hands.
Professor Sir J. Knox Laughton, while admitting that “In both cases
Nelson was right in his contention,” is forced to add that “The first
duty of an officer is to obey orders, to submit his doubts to the
Commander-in-chief, and in a becoming manner to remonstrate against
any order he conceives to be improper; but for an officer to settle
a moot-point himself, and to act in contravention of an order given
under presumably adequate knowledge of the circumstances, is subversive
of the very first principles of discipline. And these were not, it
will be noticed, questions arising out of any sudden and unforeseen
emergency, in providing for which Nelson was forced to depart from his
instructions. Such emergencies do arise in the course of service, and
the decision of the officer may be a fair test of his personal worth;
but neither at St Kitts nor at Antigua was there anything calling for
instant decision, or any question which might not have waited, pending
a reference to the Commander-in-chief or to the Admiralty. And this was
the meaning of the Admiralty minute on Nelson’s conduct at Antigua, a
most gentle admonition for what might have been punished as a grave
offence.”
Public-domain text, read in full here on John Shaqi.
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