presently filled, for the purpose of carrying on the cause in
behalf of
the American captains; and the
admiral, whose flag was at that
time in the roads, stood
neutral. But the Americans and their
abettors were not content with
defensive law. The marines, whom
he had sent to secure the ships, had prevented some of the masters
from going
ashore; and those persons, by whose depositions it
appeared that the vessels and cargoes were American property,
declared that they had given their
testimony under
bodily fear, for
that a man with a drawn sword in his hand had stood over them
the whole time. A rascally
lawyer, whom the party employed,
suggested this story; and as the
sentry at the cabin door was a man
with a drawn sword, the Americans made no
scruple of swearing
to this
ridiculousfalsehood, and commencing prosecutions against
him
accordingly. They laid their damages at the
enormous amount
of L40,000; and Nelson was
obliged to keep close on board his own
ship, lest he should be
arrested for a sum for which it would have
been impossible to find bail. The
marshal frequently came on board
to
arrest him, but was always prevented by the address of the first
lieutenant, Mr. Wallis. Had he been taken, such was the
temper of
the people that it was certain he would have been cast for the whole
sum. One of his officers, one day, in
speaking of the
restraint which
he was thus compelled to suffer, happened to use the word PITY!
"Pity!" exclaimed Nelson: "Pity! did you say? I shall live, sir,
to be envied! and to that point I shall always direct my course."
Eight weeks remained in this state of duresse. During that time
the trial
respecting the detained ships came on in the court of
Admiralty. He went on shore under a
protection for the day from
the judge; but,
notwithstanding this, the
marshal was called upon
to take that opportunity of
arresting him, and the merchants
promised to indemnify him for so doing. The judge, however, did his
duty, and threatened to send the
marshal to prison if he attempted
to
violate the
protection of the court. Mr. Herbert, the president
of Nevis, behaved with
singulargenerosity upon this occasion.
Though no man was a greater
sufferer by the measures which
Nelson had pursued, he offered in court to become his bail for
L10,000 if he chose to suffer the
arrest. The
lawyer whom he had
chosen proved to be an able as well as an honest man; and
notwithstanding the opinions and pleadings of most of the
counsel of
the different islands, who maintained that ships of war were not
justified in seizing American vessels without a deputation from the
customs, the law was so explicit, the case so clear, and Nelson
pleaded his own cause so well, that the four ships were condemned.
During the progress of this business he sent a
memorial home to
the king, in
consequence of which orders were issued that he should
be defended at the expense of the crown. And upon the representation
which he made at the same time to the Secretary of State, and
the suggestions with which he accompanied it, the Register Act was
framed. The
sanction of Government, and the approbation of his
conduct which it implied, were highly gratifying to him; but he was
offended, and not without just cause, that the Treasury should have
transmitted thanks to the commander-in-chief for his activity and
zeal in protecting the
commerce of Great Britain. "Had they
known all," said he, "I do not think they would have bestowed thanks
in that quarter, and neglected me. I feel much hurt that, after the
loss of health and risk of fortune, another should be thanked for
what I did against his orders. I either deserved to be sent out of
the service, or at least to have had some little notice taken of what
I had done. They have thought it
worthy of notice, and yet have
neglected me. If this is the
reward for a
faithfuldischarge of my
duty, I shall be careful, and never stand forward again. But I have
done my duty, and have nothing to
accuse myself of."
The
anxiety which he had suffered from the harassing uncertainties
of law is
apparent from these expressions. He had, however,
something to
console him, for he was at this time wooing the niece of
his friend the president, then in her eighteenth year, the widow of Dr.
Nisbet, a
physician. She had one child, a son, by name Josiah, who
was three years old. One day Mr. Herbert, who had hastened
half-dressed to receive Nelson, exclaimed, on returning to his