The Press-Gang Afloat and AshoreHutchinson, J. R. (John Robert)
History
The Press-Gang Afloat and Ashore
Hutchinson, J. R. (John Robert)
Great Britain -- History, Naval; Impressment
"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 Coke, 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
classes of persons, proceeded on the assumption, 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.]
Public-domain text, read in full here on John Shaqi.
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