"Well, you see, Misser Marble; den you _know_, sir."
Neb grinned as he said this; and I felt persuaded he had seen something that he understood, but which very possibly he could not explain; though it clearly indicated that John Bull was not asleep. We were not left long in doubt on this head. The mist opened again, and, distant from us about three-quarters of a mile, bearing on our lee quarter, we got another look at the frigate, and a look that satisfied everybody what she was about.
The Englishman was in stays, in the very act of hauling his head-yards, a certain sign he was a quick and sure-working fellow, since this manoeuvre had been performed against a smart sea, and under double-reefed top-sails.
He must have made us, just as we lost sight of him, and was about to shake out his reefs.
On this occasion, the frigate may have been visible from our decks three minutes. I watched all her movements, as the cat watches the mouse. In the first place her reefs were shaken out, as the ship"s bows fell off far enough to get the sea on the right side of them, and her top-sails appeared to me to be mast-headed by instinct, or as the bird extends its wings. The fore and main-top-gallant sails were fluttering in the breeze at this very moment,--it blew rather too fresh for the mizen,--and then their bosoms were distended, and their bow-lines hauled. How the fore and main-tacks got aboard I could not tell, though it was done while my eyes were on the upper sails. I caught a glimpse of the fore-sheet, however, as the clew was first flapping violently, and then was brought under the restraint of its own proper, powerful purchase. The spanker had been hauled out previously, to help the ship in tacking.
There was no mistaking all this. We were seen, and chased; everything on board the frigate being instantly and accurately trimmed, "full and by."
She looked up into our wake, and I knew must soon overtake a heavily-laden ship like the Dawn, in the style in which she was worked and handled.
Under the circ.u.mstances, therefore, I motioned Marble to follow me aft, where we consulted together, touching our future proceedings. I confess I was disposed to shorten sail, and let the cruiser come alongside; but Marble, as usual, was for holding on.
"We are bound to Hamburg," said the mate, "which lies, hereaway, on our lee-beam, and no man has a right to complain of our steering our course.
The mist has shut the frigate in again, and, it being very certain he will overhaul us on a bow-line, I advise you, Miles, to lay the yards perfectly square, edge away two points more, and set the weather stun"-sails. If we do not open John very soon again, we may be off three or four miles to leeward before he learns where we are, and then, you know, a "starn-chase" is always a "long-chase.""
This was good advice, and I determined to follow it. It blew rather fresh at the instant, and the Dawn began to plunge through the seas at a famous rate as soon as she felt the drag of the studding-sails. We were now running on a course that made an obtuse angle with that of the frigate, and there was the possibility of so far increasing our distance as to get beyond the range of the openings of the mist, ere our expedient were discovered. So long did the density of the atmosphere continue, indeed, that my hopes were beginning to be strong, just as one of our people called out "the frigate!" This time she was seen directly astern of us, and nearly two miles distant! Such had been our gain, that ten minutes longer would have carried us clear. As we now saw her, I felt certain she would soon see us, eyes being on the look-out on board her, beyond a question. Nevertheless, the cruiser was still on a bow-line, standing on the course on which we had been last seen.
This lasted but a moment, however. Presently the Englishman"s bow fell off, and by the time he was dead before the wind, we could see his studding-sails flapping in the air, as they were in the act of being distended, by means of halyards, tacks and sheets, all going at once. The mist shut in the ship again before all this could be executed. What was to be done next? Marble said, as we were not on our precise course, it might serve a good turn to bring the wind on our starboard quarter, set all the studding-sails we could carry on the same side, and run off east-north-east: I inclined to this opinion, and the necessary changes were made forthwith. The wind and mist increased, and away we went, on a diverging line from the course of the Englishman, at the rate of quite ten knots in the hour. This lasted fully forty minutes, and all hands of us fancied we had at last given the cruiser the slip. Jokes and chuckling flew about among the men, as usual, and everybody began to feel as happy as success could make us, when the dark veil lifted at the south-west; the sun was seen struggling through the clouds, the vapour dispersed, and gradually the whole curtain which had concealed the ocean throughout that morning arose, extending the view around the ship, little by little, until nothing limited it but the natural horizon.
The anxiety with which we watched this slow rising of the curtain need scarcely be described. Every eye was turned eagerly in the direction in which its owner expected to find the frigate, and great was our satisfaction as mile after mile opened in the circle around us, without bringing her beautiful proportions within its range. But this could not last for ever, there not being sufficient time to carry so large a vessel over the curvature of the ocean"s surface. As usual, Marble saw her first.
She had fairly pa.s.sed to leeward of us, and was quite two leagues distant, driving ahead with the speed of a race-horse. With a clear horizon, an open ocean, a stiff breeze, and hours of daylight, it was hopeless to attempt escape from as fast a vessel as the stranger, and I now determined to put the Dawn on her true course, and trust altogether to the goodness of my cause: heels being out of the question. The reader who will do me the favour to peruse the succeeding chapter, will learn the result of this resolution.
Chapter XIII.
"Whom have we here? Buckingham, to disturb The King hath sent him, sure: I must dissemble."
_King Henry VI_.
At first, the frigate took single reefs in her top-sails, set topgallant-sails over them, and hauled up on taut bow-lines. But seeing no signs of our studding-sails coming down, she shook out her reefs, squared her yards, set top-mast studding-sails, and kept off to a course that would be certain to intercept us. She was up on our line of sailing some little time before we got down to her, and she kept standing off and on, hauling up her courses, and furling her topgallant-sails and hauling down all of her light sails, the jib excepted As for the Dawn, she kept steadily on, carrying everything she could bear. We had top-mast and lower studding-sails, and not a tack or sheet had been touched when we got within a quarter of a mile of the frigate. The Englishman now showed his colours, when we let him see the stars and stripes. Still no sail was touched on board us. As if surprised at our obstinacy, John Bull let fly a chase-gun, taking good care not to send the shot very near us. I thought it time, now, to shorten sail and to pretend to see him. We began to haul down our studding-sails, merchant-fashion, and were fairly alongside of the frigate before even this preliminary step to heaving-to was effected.
As we approached, the frigate bore up, and ran off in company with us, keeping a hundred fathoms distance from us, and watching us closely. At this instant, I ordered the topgallant-sails settled on the caps, as a sign we intended to let him board us.
At length, having reduced the sail to the three top-sails, reefed, I hove-to the Dawn, and waited for a visit from the Englishman"s boat. As soon as the frigate saw us fairly motionless, she shot up on our weather quarter, half a cable"s length distant, swung her long, saucy-looking yards, and lay-to herself. At the same instant her lee-quarter boat dropped into the water, with the crew in it, a boy of a mid-shipman scrambled down the ship"s side and entered it also, a lieutenant followed, when away the c.o.c.kle of a thing swept on the crest of a sea, and was soon pulling round under our stern. I stood on the lee quarter, examining my visiters, as they struggled against the swell, in order to get a boat-hook into our main chains. The men were like any other man-of-war"s men, neat, st.u.r.dy, and submissive in air. The reefer was a well-dressed boy, evidently a gentleman"s son; but the lieutenant was one of those old weather-beaten sea-dogs, who are seldom employed in boats, unless something more than common is to be done. He was a man of forty, hard-featured, pock-marked, red-faced, and scowling. I afterwards ascertained he was the son of some underling about the Portsmouth dock-yard, who had worked his way up to a lieutenancy, and owed his advancement princ.i.p.ally to his readiness in impressing seamen. His name was Sennit.
We threw Mr. Sennit a rope, as a matter of course, and Marble met him at the gangway with the usual civilities. I was amused with the meeting between these men, who had strictly that a.n.a.logy to each other which is well described as "diamond cut diamond." Each was dogmatical, positive, and full of nautical conceit, in his own fashion; and each hated the other"s country as heartily as man could hate, while both despised Frenchmen. But Sennit knew a mate from a master, at a glance; and, without noticing Marble"s sea-bow, a slight for which Marble did not soon forgive him, he walked directly aft to me, not well pleased, as I thought, that a ship-master had neglected to be at the gangway to meet a sea lieutenant.
"Your servant, sir," commenced Mr. Sennit, condescending to notice my bow; "your servant, sir; I suppose we owe the pleasure of your company, just now, to the circ.u.mstance of the weather"s clearing."
This sounded hostile from the go off; and I was determined to give as good as I received.
"Quite likely, sir," was my answer, uttered as coolly as I could speak--"I do not think you got much the advantage, as long as there was thick weather."
"Ay, you "re a famous fellow at hide and go seek, and I do not doubt would make a long chase in a dark night. But his Majesty"s ship, Speedy, is not to be dodged by a Yankee."
"So it would seem, sir, by your present success."
"Men seldom run away without there is a cause for it. It"s my business to find out the reason why you have attempted it; so, sir, I will thank you for the name of your ship, to begin with?"
"The Dawn, of New York."
"Ay, full-blooded Yankee--I knew you were New England, by your tricks."
"New York is not in New England; nor do _we_ call a New York ship, a Yankee," put in Marble.
"Ay, ay--if one were to believe all you mates from the t" other side, say, he would soon fancy that King George held his throne by virtue of a commission from President Washington."
"President Washington is dead, Heaven bless him!" retorted Marble--"and if one were to believe half of what you English say, he would soon fancy that President Jefferson held his office as one of King George"s waiting men."
I made a sign for Marble to be silent, and intimated to the lieutenant I was ready to answer any further inquiries he wished to make. Sennit did not proceed, however, without giving a significant look at the mate, which to me, seemed to say, "I have pressed a mate in my time."
"Well, sir, the Dawn, of New York," he continued, noting the name in his pocket-book--"How are you called yourself?"
"The Dawn, of New York, Miles Wallingford, master."
"Miles Wallingford, master. Where from, whither bound, and with what laden?"
"From New York; bound to Hamburg; cargo sugars, coffee, and cochineal."
"A very valuable cargo, sir," observed Mr. Sennit, a little drily. "I wish for your sake, it had been going to any other part of the world, as this last war has sent the French into that part of Germany, and Hamburg is suspected of being rather too much under Boney"s influence."
"And were we bound to Bordeaux, sir, what power have you to stop a neutral, at this distance at sea?"
"If you put it on _power_, Mr. Wallingford, you depend on a crutch that will betray you. We have power enough to eat you, should that be necessary--I suppose you mean _right."_
"I shall not dispute with you, sir, about words."
"Well, to prove to you that I am as amicably disposed as yourself, I will say no more on the subject. With your permission, I will now examine your papers; and to show you that I feel myself among friends, I will first send my own boat back to the Speedy."
I was infinitely disgusted with this man"s manner. It had the vulgar sort of witticism about even his air, that he so much affected in his speech; the whole being deformed by a species of sly malignancy, that rendered him as offensive as he seemed to me to be dangerous. I could not refuse to let a belligerent look at my papers, however, and went below to get them, while Sennit gave some private orders to his reefer, and sent him away to the frigate.
While on this subject, the reader must excuse an old man"s propensity to gossip, if I say a word on the general question of the right of search. As for the pretence that was set up by some of the advocates of impressment out of neutral ships, which laid down the position, that the belligerent being on board in the exercise of an undoubted right to inquire into the character of the ship and cargo, he took with him the right to lay hands on all the subjects of his own sovereign he might happen to find there, it is not worthy of a serious reply. Because a man has a right to take the step preliminary to the discharge of an admitted power, as an incident of that power, it does not follow that he can make the incident a principle, and convert it into a justification of acts, unlawful in themselves. On this head, therefore, I shall say nothing, holding it to be beyond dispute among those who are competent to speak on the subject at all. But the abuse of that admitted power to board and ascertain the character of a ship, has created so lively a feeling in us Americans, as to induce us to forego some of the wholesome principles that are necessary to the well-being of all civilized nations. It is thus, in my judgment, that we have quite recently and erroneously laid down the doctrine that foreign vessels of war shall not board American ships on the coast of Africa, in a time of peace, in order to ascertain their character.
On this subject I intend to speak plainly. In the first place, I lay no claim to that spurious patriotism which says, "our country, right or wrong." This may do for the rabble; but it will not do for G.o.d, to whom our first and highest obligations are due. Neither country, nor man, can justify that which is wrong; and I conceive it to be wrong, in a political if not in a moral sense, to deny a vessel of war the privilege which England here claims. I can see but one plausible argument against it, and that is founded on the abuses which may arise from the practice. But it will not do to antic.i.p.ate abuses in this instance, more than in any other.
Every right, whether national or international, may be abused in its exercise; and the argument, if good for anything, is as good against every other right of international law, as it is against this. Abuse, after it has occurred, might be a justifiable reason for suspending the exercise of an admitted right, until some remedies were applied to prevent their recurrence, but it can never be urged as a proper argument against the right itself. If abuses occur, we can get them remedied by proper representations; and, if these last fail, we have the usual appeal of nations. As well might it be said, the law of the land shall not be administered, because the sheriff"s officers are guilty of abuses, as to say the law of nations shall cease because we apprehend that certain commercial rivalries may induce others to transcend them. When the wrong is done, it will be time enough to seek the remedy.
That it is the right of a vessel of war to ascertain the character of a ship at sea, is dependent on her right to arrest a pirate, for instance.
In what manner can this be done, if a pirate can obtain impunity, by simply hoisting the flag of some other country, which the cruiser is obliged to respect? All that the latter asks is the power to ascertain if that flag is not an imposition; and this much every regularly commissioned public ship should be permitted to do, in the interests of civilization, and in maintenance of the police of the seas.
The argument on the other side goes the length of saying, that a public cruiser is in the situation of a sheriff"s officer on sh.o.r.e, who is compelled to arrest his prisoner on his own responsibility. In the first place, it may be questioned if the dogma of the common law which a.s.serts the privilege of the citizen to conceal his name, is worthy of a truly enlightened political freedom. It must not be forgotten that liberty first took the aspect of franchises, in which men sought protection from the abuses of power in any manner they could, and often without regarding the justness of the general principles with which they were connected; confusion in these principles arising as a consequence. But, admitting the dogma of the common law to be as inherently wise, as it is confessedly a practice, there is no parallel in the necessity of the case of an arrest on sh.o.r.e and of an arrest at sea. In the former instance the officer may apply to witnesses;--he has the man before him, and compares him with the description of the criminal; and, should he make an erroneous arrest, under misleading circ.u.mstances, his punishment would be merely nominal--in many cases, nothing. But the common law, whilst it gives the subject this protection, does not deny the right of the officer to arrest. It only punishes the abuse of this power, and that is precisely what nations ought to do, in a case of the abuse of the right to examine a merchantman.
The vessel of war cannot apply to witnesses, and cannot judge of national character by mere external appearances, since an American-built ship can be sailed by Portuguese. The actual necessities of the case are in favour of the present English claim, as well as that great governing principle, which says that no great or princ.i.p.al right can exist, in international law, without carrying with it all the subordinate privileges which are necessary to its discreet exercise.
Thus much I could not refrain from saying, not that I think John Bull is very often right in his controversies with ourselves, but because I think, in this case, he is; and because I believe it far safer, in the long run, for a nation, or an individual, to have justice on his side, than always to carry his point.
I was soon on deck, carrying my writing-desk under my arm, Mr. Sennit preferring to make his examination in the open air, to making it below. He read the clearance and manifest with great attention. Afterwards he asked for the shipping articles. I could see that he examined the names of the crew with eagerness, for the man was in his element when adding a new hand to his frigate"s crew.