We are like to get nearest the truth in a law case with its official
documents and sifted evidence and considered decision. The trial of
one Alexander Broadfoot for the murder of one Calahan is the best
available. In the April of 1774 H.M.S. _Mortar_ lay at anchor off
Bristol. The captain held a warrant of impressment, but he could
delegate his authority only to a commissioned officer, whose name
must be inserted in his order; and the only one aboard was the
lieutenant. On the 25th the ship's boat was sent down Channel, _with
neither captain nor lieutenant_ to look for men. She had no luck till
evening, when she came across the _Bremen Factor_, a homeward bound
merchantman, still some leagues from port, but beating thitherward up
Channel. The man-o'-war's men having boarded her, were proceeding to
search the hold, when they were confronted by Broadfoot, the boatswain,
armed to the teeth. He demanded what they came for. "For you and
your comrades," was the plain and honest, though no doubt irritating
answer. "Keep back, I have a blunderbuss loaded with swan shot," said
Broadfoot, levelling his piece. The press-gang stopped. "Where is your
lieutenant?" he went on. (Evidently this boatswain knew a little of the
law.) "He is not far off," was the evasive answer, showing that the
man's acts and words had impressed his assailants. Did Broadfoot grasp
the fact that they were trespassers? At any rate, he let fly, killed
Calahan on the spot, and wounded two others. He was tried at Bristol,
and acquitted of the capital charge--for the action of the man-o'-war's
men was plainly irregular; but he was found guilty of manslaughter, for
that he had used more force than was necessary. Another case is that of
Robert Goldswain, a small freeholder at Marlow, in Bucks. In the March
of 1778 he was a bargeman on the Thames, engaged in carrying timber to
the king's yard; with a protection order from the Navy Board to him by
name so long as he should continue in that service. But these were
troubled times, the French had just declared for the revolted American
colonists and our war-ships were frightfully undermanned; so, on the
16th of March, the Admiralty fixed the next night for a general press
on the Thames, with direction to seize--despite protection orders--on
all sailors and watermen whatsoever, saving and excepting merchant
skippers and men exempted by special acts. Goldswain was in the net,
and was passed from ship to ship down to the Nore, where his captors
were overtaken by an order from the Court requiring a return to a writ
of Habeas Corpus issued on his behalf. Counsel's argument for the
Admiralty--that the device of first issuing protection orders to lure
sea and watering men from their lurking-places, and then pouncing on
them under the authority of a general press, was excellent--did not
commend itself to the Court, which, in the battle over poor Goldswain's
body, suspected some antagonism between the Admiralty and the Naval
Board.
Public-domain text, read in full here on John Shaqi.
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