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THE EARLIEST SMUGGLERS

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It is no part of our intention to trace the history of the levying of customs through different reigns and in different ages, but it is important to note briefly that the evading of these dues which we designate smuggling, is one of the oldest offences on record.

The most ancient dues paid to the English sovereigns would seem to have been those which were levied on the exportation and importation of merchandise across the sea; and it is essential to emphasise at the outset that though nowadays when we speak of smuggling we are accustomed to think only of those acts concerned with imports, yet the word applies equally to the unlawful manner of exporting commodities. Before it is possible for any crime to be committed there must needs be at hand the opportunity to carry out this intention; and throughout the history of our nation—at any rate from the thirteenth century—that portion of England, the counties of Kent and Sussex, which is adjacent to the Continent, has always been at once the most tempted and the most inclined towards this offence. Notwithstanding that there are many other localities which were rendered notorious by generations of smugglers, yet these two between them have been responsible for more incidents of this nature than all the rest put together.

What I am anxious at first to emphasise is the fact that, although smuggling rose to unheard-of importance as a national danger during the eighteenth and nineteenth centuries (and this is the period to which we shall especially address ourselves presently as affording the fullest and the most interesting information on an ingenious phase of human energy), yet it was not a practice which suddenly rose into prominence during that period. Human nature is much the same under various kings and later centuries. Under similar circumstances men and women perform similar actions. Confronted with the temptation to cheat the Crown of its dues, you will find persons in the time of George V. repeating the very crimes of Edward I. The difference is not so much in degree of guilt as in the nature of the articles and the manner in which they have been smuggled. To-day it may be cigars—centuries ago it was wool. Although the golden age (if we may use the term) of smuggling has long since passed, I am by no means unconvinced that if the occasions of temptation recurred to carry on this trade as it was pursued during the eighteenth and the first half of the nineteenth centuries, there would not be found many who would be ready to apply themselves to such a task. To some extent the modern improvements in living, in education, and increased respect for lofty ideals would modify this tendency; and long years have awakened so keen a regard for the benefits of law and order that the nefarious practice might not break out immediately on a large scale. But when we speak of smuggling it is perhaps more correct to speak of it as a disease which has not been exterminated from the system, but is, as it were, a microbe that is kept well under control and not allowed to spread.

Everyone who is familiar with English history is aware of the important position which was occupied by the wool trade. Because of the immense value to the nation of the fleece it was necessary that this commodity should be kept in the country and not sent abroad. If in the present day most of our iron and coal were to be despatched abroad regardless of what was required by our manufacturers it would not be long before the country would begin to suffer serious loss. So, in the thirteenth century, it was with the wool. As a check to this a tax was levied on that wool which was exported out of the country, and during the reign of Edward III. attempts were made by the threat of heavy penalties to prevent the Continent from becoming the receptacle of our chief product. But the temptation was too great, the rewards were too alluring for the practice to be stopped. The fleece was carried across from England, made into cloth, and in this state sent back to us. Even in those days the town of Middleburgh, which we shall see later to have been the source of much of the goods smuggled into our country in the grand period, was in the fourteenth century the headquarters abroad of this clandestine trade. We need not weary the reader with the details of the means which were periodically taken to stop this trade by the English kings. It is enough to state that practically all the ports of Sussex and Kent were busily engaged in the illegal business. Neither the penalties of death, nor the fixing of the price of wool, nor the regulating of the rate of duty availed in the long-run. Licences to export this article were continually evaded, creeks and quiet bays were the scenes where the fleece was shipped for France and the Low Countries. Sometimes the price of wool fell, sometimes it rose; sometimes the Crown received a greater amount of duty, at other times the royal purse suffered very severely. In the time of Elizabeth the encouragement of foreign weavers to make their homes in England was likely to do much to keep the wool in the country, especially as there began to be increased wealth in our land, and families began to spend more money on personal comforts.

Even in the time of Charles I. proclamations were issued against exporting wool, yet the mischief still went on. In the time of Charles II. men readily "risked their necks for 12d. a day."[1] The greatest part of the wool was sent from Romney Marsh, where, after nightfall, it was put on board French shallops with ten or twenty men to guard it, all well armed. And other parts of Sussex as well as Kent and even Essex were also engaged in similar exportations.

But it is from the time of King Charles II. that the first serious steps were taken to cope with the smuggling evil, and from here we really take our starting-point in our present inquiry. Prior to his time the Customs, as a subsidy of the king, were prone to much variability. In the time of James I., for instance, they had been granted to the sovereign for life, and he claimed to alter the rates as he chose when pressed for money. When Charles I. came to the throne the Commons, instead of voting them for the extent of the sovereign's life, granted them for one year only. At a later date in the reign of that unhappy king the grant was made only for a couple of months. These dues were known as tonnage and poundage, the former being a duty of 1s. 6d. to 3s. levied on every ton of wine and liquor exported and imported. Poundage was a similar tax of 6d. to 1s. on every pound of dry goods.

It was not till after the Restoration that the customs were settled and more firmly established, a subsidy being "granted to the king of tonnage and poundage and other sums of money payable upon merchandise exported and imported." Nominally the customs were employed for defraying the cost of "guarding and defending the seas against all persons intending the disturbance of his subjects in the intercourse of trade, and the invading of this realm." And so, also, there was inaugurated a more systematic and efficient method of preventing this export smuggling. So far as one can find any records from the existing manuscripts of this early Preventive system, the chronological order would seem to be as follows: The first mention of any kind of marine service that I can trace is found in a manuscript of 1674, which shows the establishment of the Custom House organisation in that year for England and Wales. From this it is clear that there had been made a beginning of that system which was later to develop into that of the Revenue cutters. And when we recollect how extremely interested was Charles II. in everything pertaining to the sea and to sloop-rigged craft especially, it seems very natural to believe that this monarch inspired, or at any rate very considerably encouraged, the formation of a small fleet of Custom House sailing craft. Elsewhere I have discussed this matter at length, therefore it may suffice if attention is called to the fact that to Charles was due the first yacht into England, presented to him by the Dutch; while from his encouragement were born the sport of yachting and the building of English yachts. He was very much concerned in the rig of sloops, and loved to sail in such craft, and his yacht was also most probably the first vessel of that rig which had ever been employed by English sailors. Further still, he was something of a naval architect, the founder of the Greenwich Royal Observatory and the Nautical Almanac, and under his rule a fresh impulse was given to navigation and shipbuilding generally.

At any rate by the year 1674 there were among the smaller sailing craft of England a number of sloops and smacks employed doubtless for fishing and coasting work. As a kind of marine police, the Custom House authorities determined to hire some of these to keep a watch on the "owlers," as the wool-smugglers were termed, so called, no doubt, because they had to pursue their calling always by night. Whatever efforts had been adopted prior to his reign probably had consisted for the most part, if not entirely, of a land police. But under this second Charles the very sensible and obvious idea of utilising a number of sailing craft was started. In the above MS. volume the first reference is to "Peter Knight, Master of ye smack for ye wages of him self and five men and boy, and to bear all charges except wear and tear … £59." "For extraordinary wear and tear," he was to be paid £59. His vessel was the Margate smack. In the same volume there is also a reference to the "Graves End smack," and to "Thomas Symonds for wages and dyett [diet] for himself, master and six men … £56, 5s. 0d." And for the "wear and tear to be disposed as ye Commrs. direct … £14, 15s. 0d." There was yet a third vessel stationed a few miles away, the "Quinborrough smack," and a reference to "Nicholas Badcock for hire of ye smack, two men, and to bear all charges … £23." These vessels were not known as Revenue cutters at this time, but as Custom House smacks. They were hired by the Commissioners of the Customs from private individuals to prevent the owlers from smuggling the wool from Kent, Essex, and Sussex. But it would seem that these smacks, even if they modified a little the activities of the owlers, did not succeed in bringing about many convictions. Romney Marsh still sent its contribution across to France and Holland, much as it had done for generations.

But in 1698 the attack on the men of Kent and Sussex was strengthened by legislation, for by 7 & 8 William III. cap. 28, it was enacted that "for the better preventing the exportation of wool and correspondence with France … the Lord High Admiral of England, or Commissioners for executing the office of Lord High Admiral for the time being, shall from time to time direct and appoint one ship of the Fifth Rate, and two ships of the Sixth Rate, and four armed sloops constantly to cruise off the North Foreland to the Isle of Wight, with orders for taking and seizing all ships, vessels, or boats which shall export any wool or carry or bring any prohibited goods or any suspected persons." It was due to William III.'s Government also that no person living within fifteen miles of the sea in those counties should buy any wool before he entered into a bond, with sureties, that all the wool he might buy should be sold by him to no persons within fifteen miles of the sea, and all growers of wool within ten miles of the sea in those counties were obliged within three days of shearing to account for the number of fleeces, and where they were lodged.

Instructions were duly issued to captains of sloops, and a scheme drafted for surrounding the whole of the coast with sloops, the crews consisting of master, mate, and mariners. But from an entry in the Excise and Treasury Reports of 1685, it is clear that a careful regard even at that date was being had for the import smuggling as well. The reference belongs to September 24, and shows that a "boarding" boat was desired for going alongside vessels in the Downs, and preventing the running in of brandies along the coast in that vicinity. The charge for building such a boat is to be £25. In another MS. touching the Customs, there is under date of June 1695 an interesting reference to "a Deale yoghall to be built," and that "such a boat will be here of very good use." She is to be "fitt to go into ye roads for boarding men or other ocations when ye sloops may be at sea."

So much, then, for the present as to the guarding by sea against the smugglers. Let us now turn to look into the means adopted by land. The wool-owners of Romney Marsh were still hard at their game, and the horses still came down to the beach ladened with the packs ready to be shipped. If any one were sent with warrants to arrest the delinquents, they were attacked, beaten, and forced to flee, followed by armed gangs on horseback. But it was evident that the Crown was determined not to let the matter rest, for a number of surveyors were appointed for nineteen counties and 299 riding officers as well, though they made few seizures, and obtained still fewer condemnations, but at great expense to the State. In 1703 it was believed that the owling trade, especially in Romney Marsh, was broken if not dead, although the smuggling by import was on the increase, especially as regards silks, lace, and such "fine" goods. At that time for the two hundred miles of coast-line between the Isle of Sheppey and Emsworth—practically the whole of the Kentish and Sussex shore—fifty officers were being employed at a salary of £60 per annum, with an allowance to each of another £30 annually for a servant and horse to assist them during the night. And there was authority also for the employment of dragoons to aid the riding officers, especially in the neighbourhood of Romney Marsh; but there was a number of "weak and superannuated" men among the latter, who did not make for the efficiency of the service.

We need not say much more about the wool-exportation. In spite of all the efforts of the Custom House smacks and the assistance of his Majesty's ships of war, in spite, too, of further legislation, it still continued. It went on merrily at any rate till the end of the eighteenth century, by which time the smuggling by imports had long since eclipsed its importance. It was the wars with France during the time of William and Mary which increased and rendered more easy the smuggling into England of silk and lace. And by means of the craft which imported these goods there used to be smuggled also a good deal of Jacobite correspondence. As Kent and Sussex had been famous for their export smuggling, so these counties were again to distinguish themselves by illicit importation. From now on till the middle of this eighteenth century this newer form of smuggling rose gradually to wondrous heights. And yet it was by no means new. In the time of Edward III. steps had to be taken to prevent the importation of base coin into the realm, and in succeeding reigns the king had been cheated many a time of that which ought to have come to him through the duties of goods entering the country.

It was impossible instantly to put down a practice which had been pursued by so many families for so many hundreds of years. But the existing force was not equal to coping with the increase. As a consequence the daring of the smugglers knew no bounds—the more they succeeded the more they ventured. A small gang of ten would blossom forth into several hundreds of men, there would be no lack of arms nor clubs, and adequate arrangements would be made for cellar-storage of the goods when safely brought into the country. Consequently violence became more frequent than ever—bloodshed and all sorts of crimes occurred.

In the year 1723 several commissions or deputations were issued by the Chancellor of the Exchequer to captains of his Majesty's sloops to make seizures, and the following year the Treasury authorised the construction of seven sloops for service off the coast of Scotland. The smugglers had in fact become so desperate, the English Channel was so thoroughly infested with them, and the Revenue service was so incapable of dealing with them in the manner that was obviously essential for effectiveness, that the Admiralty ordered the captains and commanders of His Majesty's ships to assist the Revenue officers all they could in order to prevent the smuggling trade, and to look out and seize all vessels employed in illegally exporting wool; for the Admiralty had been informed by the Commissioners of Customs that the Revenue officers frequently met with insults from French smuggling luggers manned by armed crews, who carried on a brisk smuggling trade by force and even dared the Revenue men to come aboard them.

But as the Revenue service afloat was assisted now by the Navy, so the Revenue land guard was also aided by the Military. In 1713 arrangements had been made that dragoons should co-operate with the riding officers in their operations against the owlers, and there are plenty of skirmishes recorded showing that the dragoons were actually so employed. Originally these soldiers were employed under the direction of the riding officers, but, as can well be expected, there was a good deal of jealousy and friction caused through the sharing of the soldiers in the rewards for seizures, and after the year 1822 this military assistance was not utilised to any great extent, although legally Army officers can still be called upon to render assistance against smuggling. And, in passing, one might mention that this co-operation afloat between the Customs men and the Navy was equally noticeable for a certain amount of ill-feeling, as we shall mention on a later page.

Before the first quarter of the eighteenth century was completed, smuggling between England and the Continent was proceeding at a brisk pace, and by the middle of that century it had well-nigh reached its climax for fearlessness. We have already alluded to the establishment of hired smacks and sloops inaugurated towards the end of the seventeenth century. The sloop rig, as I have shown in another volume,[2] had probably been introduced into England from Holland soon after the accession of Charles II., but from that date its merits of handiness were so fully recognised that for yachts, for fishing craft, for the carrying of passengers and cargo up and down the Thames and along the coast as well as across to Ireland and the Continent, the rig was adopted very readily in place of the lug-sails. The smack was also a sloop-rigged vessel. We need not enter here into a discussion as to the comparative merits of sloops and cutters and smacks. It is enough if we state that when it was realised that a vessel of say 100 tons, sloop-rigged, with her one mast, mainsail, and two headsails and square topsail (set forward of the mast on a yard) could be handled with fewer men and therefore less expense than a lugger of similar size; was also more suitable for manœuvring in narrow channels, and for entering and leaving small harbours, the fishermen, coasters, and so on took to this improvement. Thus most naturally the larger smuggling craft were till well on into the nineteenth century sloops or cutters, and equally natural was it that the Revenue availed themselves of this rig first by hiring smacks, and, later, by building for themselves. These sloops, whether hired or owned, were given each a particular station to guard, and that plan was followed by the Revenue cruisers for many years to follow. Among the Exeter documents of the Customs Department is included an interesting document dated July 10, 1703, wherein the Board of Customs informs the collector at the port of Dartmouth of the list of vessels appointed by the Commissioners to cruise against owlers, the district comprised extending from Pembroke in the west to the Downs in the east. The following is the list of these vessels with their respective cruising territories:—

King's Cutters and Smugglers 1700-1855

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