CHAPTER VII

CUTTERS AND SLOOPS

We have spoken during the preceding chapters of the revenue cruisers

sometimes as cutters and sometimes as sloops. For the reason that will

quickly become apparent let us now endeavour to straighten out any

confusion which may have arisen in the mind of the reader.

Practically, sloops and cutters of these days were one and the same,

with very minor differences. In a valuable French nautical volume

published in 1783, after explaining that the cutter came to the French

from England, the definition goes on to state that in her rigging and

sail-plan she resembles a sloop, except that the former has her mast

longer, and inclined further aft, and has greater sail-area. The

cutter also has but little freeboard, and in order to carry her large

sail-area she draws more water. This authority then goes on to mention

that such craft as these cutters are employed by the smugglers of the

English Channel, "and being able to carry a good deal of sail they can

easily escape from the guardships. The English Government, for the

same reason, maintain a good many of these craft so as to stop these

smugglers." Our English authority, Falconer, described the cutter as

having one mast and a straight-running bowsprit that could be run

inboard on deck. But for this, and the fact that the cutter's

sail-area was larger, these craft were much the same as sloops.

Falconer also states that a sloop differs from a cutter by having a

fixed steeving bowsprit and a jib-stay. Moore, who was also a

contemporary, makes similar definitions in almost identical language.

The real difference, then, was that the cutter could run her bowsprit

inboard, but the sloop could not.

Now, in the year 1785, a very interesting matter occupied the

attention of the Board of Customs in this connection. It appeared that

in an important trial concerning a certain vessel the defence was set

up that this vessel had changed her character by so altering her

"boltsprit" that it became fixed and could not be run inboard. It was

found that all which her owners had done was to pass an iron bolt

through the bits and heel of the bowsprit, clenching it. The defendant

insisted that thus he had rendered it a complete standing "boltsprit,"

and not a running one: and that, therefore, by such alteration, his

vessel became transformed from a cutter to a sloop. And, according to

the definitions which we have just brought forward, one would have

thought that this was a good defence. However, the Crown thought

otherwise, and contended that the alteration was a mere evasion of

the Act in question, and that the vessel remained a cutter because

such fastening could be removed at pleasure, and then the "boltsprit"

would run in and out as it did before the alteration. The jury also

took this view, and the cutter, which thought herself a sloop, was

condemned. The Revenue officers and commanders of Admiralty sloops

were accordingly warned to make a note of this. For a number of years

the matter was evidently left at that. But in 1822 the Attorney and

Solicitor-General, after a difficult case had been raised, gave the

legal distinction as follows, the matter having arisen in connection

with the licensing of a craft: "A cutter may have a standing bowsprit

of a certain length without a licence, but the distinction between a

sloop and a cutter should not be looked for in the rigging but in the

build and form of the hull, and, therefore, when a carvel-built vessel

corresponds as to her hull with the usual form of a sloop, she will

not merely, by having a running bowsprit, become a cutter within the

meaning of the Act of the 24 Geo. III. cap. 47, and consequently will

not be liable to forfeiture for want of a licence." From this it will

be seen that whereas Falconer and other nautical authorities relied on

the fixing of the bowsprit to determine the difference, the legal

authorities relied on a difference in hull. The point is one of great

interest, and I believe the matter has never been raised before by

any modern nautical writer.[10]

As to what a Revenue cutter looked like, the illustrations which have

been here reproduced will afford the reader a very good idea. And

these can be supplemented by the following description which Marryat

gives in _The Three Cutters_. It should be mentioned that the period

of which he is speaking is that which we have been contemplating, the

end of the eighteenth century.

"She is a cutter," he writes, "and you may know that she belongs to

the Preventive Service by the number of gigs and galleys which she has

hoisted up all round her. She looks like a vessel that was about to

sail with a cargo of boats: two on deck, one astern, one on each side

of her. You observe that she is painted black, and all her boats are

white. She is not such an elegant vessel as the yacht, and she is much

more lumbered up.... Let us go on board. You observe the guns are

iron, and painted black, and her bulwarks are painted red; it is not a

very becoming colour, but then it lasts a long while, and the dockyard

is not very generous on the score of paint--or lieutenants of the navy

troubled with much spare cash. She has plenty of men, and fine men

they are; all dressed in red flannel shirts and blue trousers; some of

them have not taken off their canvas or tarpaulin petticoats, which

are very useful to them, as they are in the boats night and day, and

in all weathers. But we will at once go down into the cabin, where we

shall find the lieutenant who commands her, a master's mate, and a

midshipman. They have each their tumbler before them, and are drinking

gin-toddy, hot, with sugar--capital gin, too, 'bove proof; it is from

that small anker standing under the table. It was one that they forgot

to return to the Custom House when they made their last seizure."

In 1786, by the 26 Geo. III. c. 40, section 27, it was made lawful for

any commander of any of his Majesty's vessels of war, or any officer

by them authorised, to make seizures without a deputation or

commission from the Commissioners of the Customs. Those were curious

times when we recollect that apart altogether from the men-of-war of

varying kinds, there were large numbers of armed smuggler-cutters,

Custom-House cutters with letters of marque, privateers, and even

Algerine corsairs from the Mediterranean, in the English Channel. It

is to-day only a hundred and fifty years ago since one of these

Algerine craft was wrecked near Penzance in the early autumn.

We mentioned just now the Act of George III. which required craft to

be licensed. This was another of the various means employed for the

prevention of smuggling, and since the passing of this Act those

luggers and cutters which engaged in the running of goods endeavoured

to evade the Act's penalties by possessing themselves of foreign

colours and foreign ship's papers. Now, as a fact, by far the greater

part of such craft belonged to Deal, Folkestone, and other south-coast

ports of England. Their masters were also from the same localities,

and very few of them could speak Dutch or French. But for the purpose

of evading the English law they got themselves made burghers of

Ostend, and notwithstanding that their crews were for the most part

English they designated their craft as foreign.

During the year 1785 it happened that two of these pseudo-foreign

smuggling craft were chased by an English frigate. Owing to the fact

that the frigate had no pilot on board, one of these vessels escaped,

but the other, after a chase lasting five hours, realised that she

would soon be overhauled. Her master, therefore, threw overboard his

cargo as the frigate fast approached, and in company with a number of

his crew took to his large boat. The lugger, after no fewer than

twenty shots had been fired at her, hove-to. On taking possession of

the lugger and examining her papers it appeared that her master's name

was the very English-sounding Thomas March, and yet he described

himself as a burgher of Ostend, the vessel being owned by a merchant.

The master's excuse was that he was a pilot-boat cruising with a

number of pilots on board, and for this reason it was decided to give

him the benefit of the doubt and not detain him. But the frigate's

captain had noticed that before the lugger had hove-to during the

evening a part of the cargo had been thrown overboard. The following

morning, therefore, he proceeded on board a Revenue cutter, "went into

the track where the cargo was thrown overboard," and was able to find

just what he had expected, for he located and drew out of the sea no

fewer than 700 half-ankers of foreign spirits.

This precedent opened up an important question; for if a neutral

vessel, or indeed any craft similarly circumstanced as the above, were

to anchor off the English coast it was hardly possible to detect her

in running goods, as it seldom took more than an hour to land a whole

cargo, owing to the great assistance which was given from the people

on the shore. For, as it was officially pointed out, as soon as one of

these vessels was sighted 300 people could usually be relied on with

200 or more carts and waggons to render the necessary service.

Therefore the commanders of the cutters sought legal advice as to how

they should act on meeting with luggers and cutters without Admiralty

passes on the English coast but more or less protected with foreign

papers and sailing under foreign colours.

The matter was referred to the Attorney-General, who gave his opinion

that vessels were forfeitable only in the event of their being the

property in whole or part of his Majesty's subjects; but where the

crew of such a vessel appeared all to be English subjects, or at any

rate the greatest part of them, it was his opinion that there was a

sufficient reason for seizing the vessel if she was near the English

coast. She was then to be brought into port so that, if she could, she

might prove that she belonged wholly to foreigners. "A British

subject," continued the opinion, "being made a burgher of Ostend does

not thereby cease to be a subject. Vessels hovering within four

leagues of the British coast, with an illicit cargo, as that of this

vessel appears to have been, are forfeited whether they are the

property of Britons or foreigners."

It was not once but on various occasions that the Customs Board

expressed themselves as dissatisfied with the amount of success which

their cruisers had attained in respect of the work allotted to them.

At the beginning of the year 1782 they referred to "the enormous

increase of smuggling, the outrages with which it is carried on, the

mischiefs it occasions to the country, the discouragement it creates

to all fair traders, and the prodigious loss the Revenue sustains by

it." The Board went on to state that "diligent and vigorous exertions

by the cruising vessels employed in the service of the Customs

certainly might very much lessen it." The Commissioners expressed

themselves as dissatisfied with the lack of success, and ordered that

the officers of the Waterguard were especially to see that the

commander and mate of every Revenue vessel or boat bringing in a

seizure were actually on board when such seizure was made.

A few days later--the date is January 16, 1788--the Board, having

received information that great quantities of tobacco and spirits were

about to be smuggled in from France, Flanders, Guernsey, and Alderney,

warned the Preventive officers of the various ports, and directed the

commanders of the Admiralty cruisers, which happened to be stationed

near the ports, to be especially vigilant to intercept "these attempts

of the illicit dealers, so that the Revenue may not be defrauded in

those articles to the alarming degree it has hitherto been." And the

officers were bluntly told that if they were to exert themselves in

guarding the coast night and day such fraudulent practices could not

be carried on in the shameful manner they now were. "And though the

Riding officers may not always have it in their power to seize the

goods from a considerable body of smugglers, yet if such officers were

to keep a watchful eye on their motions, and were to communicate early

information thereof to the Waterguard, they may thereby render

essential service to the Revenue."

When the soldiers assisted the Revenue officers in making seizures on

shore it was frequently the case that the military had difficulty in

recovering from the Revenue men that share of prize-money which was

their due. The Collector of each port was therefore directed in future

to retain in his hands out of the officers' shares of seizures so much

as appeared to be due to the soldiers, and the names of the latter who

had rendered assistance were to be inserted in the account of the

seizures sent up to headquarters. But the jealousy of the military's

aid somehow never altogether died out, and ten years after the above

order there was still delay in rendering to the army men their due

share of the seizures.

The commanders of the Revenue cruisers were told to keep an especial

watch on the homeward-bound East Indiamen to prevent "the illicit

practices that are continually attempted to be committed from them."

Therefore these cruisers were not only to watch these big ships

through the limits of their own station, but also to keep as near them

when under sail as possible, provided this can be done with safety and

propriety. But when the East Indiamen come to anchor the cruisers are

also to anchor near them, and compel all boats and vessels coming from

them to bring-to in order to be examined. They are "then to proceed to

rummage such boats and vessels. And if any goods are found therein

they are to be seized, together with the boats in which they are

found." The importance of this very plain instruction is explained by

the further statement that "some of the commanders of the cruisers in

the service of the Revenue endeavour to shun these ships, and thereby

avoid attending them through their station."

On Christmas Eve of 1784 the Customs Commissioners sent word to all

the ports saying that they suspected that there were a good many

vessels and boats employed in smuggling which were thus liable to

forfeiture. Therefore, within forty-eight hours from the receipt of

this information sent by letter, a close and vigorous search was to be

made by the most active and trusty officers at each port into every

bay, river, creek, and inlet within the district of each port, as well

as all along the coast, so as to discover and seize such illegal

vessels and boats. And if there were any boats quartered within the

neighbourhood of each port, timely notice of the day and hour of the

intended search was to be sent by the Collector and Controller in

confidence to the commanding officer only, that he might hold his

soldiers in readiness. Yet, again the Board exhorted the Revenue

officers "to exert yourselves to the utmost of your power ... and as

it is very probable that the places where such boats and vessels are

kept may be known to the officers who have long resided at your port,

you are to acquaint such officers that if they value their characters

or employments, or have any regard to the solemn oath they took at

their admission, we expect they will, on this occasion, give the

fullest and most ample information of all such places, and will

cheerfully afford every other aid and assistance in their power, to

the end that the said vessels and boats may be discovered and seized.

"And to prevent them from being launched into the water, and carried

off by the smugglers after seizure, you are to cause one of the

streaks (= strakes) or planks to be ripped off near the keel, taking

care at the same time to do as little other injury to each boat as

possible."

We now come to witness the reappearance of an old friend of whom we

last made mention in the North Sea. The year we are now to consider is

1788, and the 15th of July. On that day H.M. cutter _Kite_ was sailing

from Beachy Head to the westward. She passed to the southward of the

Isle of Wight without sighting it, as the weather was thick. Later in

the day it cleared as they got near to the Dorsetshire coast, and

about 7.30 P.M., when they were between Peveril Point (near Swanage)

and St. Alban's Head, and it was clearer and still not night, the

ship's surgeon discovered a vessel some distance away on the weather

bow. The weather had now cleared so much that the house on the top of

St. Alban's Head was quite visible. The surgeon called the attention

of a midshipman on board to the strange vessel. The midshipman, whose

name was Cornelius Quinton, took a bearing, and found that the

stranger bore W.S.W. from the cutter, and was steering E.S.E. He also

took a bearing of Peveril Point, which bore N.1/2W., and judged the

smuggler to be about 9 miles from Peveril Point. About 8 o'clock the

cutter began to give chase, and this continued until 11 P.M., the

course being now S.E. After a time the lugger hauled up a point, so

that she was heading S.E. by S., the wind being moderate S.W. During

the chase the lugger did her best to get away from the cutter, and set

her main topsail. The cutter at the time was reefed, but when she saw

the lugger's topsail going up she shook out her reefs and set her gaff

topsail. It was some little time before the _Kite_ had made up her

mind that she was a smuggler, for at first she was thought to be one

of the few Revenue luggers which were employed in the service. About

11 o'clock, then, the _Kite_ was fast overhauling her, notwithstanding

that the lugger, by luffing up that extra point, came more on the wind

and so increased her pace. It was at first a cloudy night--and perhaps

that may have made the _Kite's_ skipper a little nervous, for he could

hardly need to be reefed in a moderate breeze--but presently the sky

cleared.

As the _Kite_ approached she hoisted her signals and fired a musket

shot. (As there is a good deal of confusion existing concerning the

signals of the old Revenue cutters, it is worth noting that although

it was night these signals were displayed. I make this statement on

the unimpeachable sworn evidence of the _Kite's_ crew, so the matter

cannot be questioned.) But in spite of these signals, which every

seafaring man of that time knew very well meant that the pursued

vessel was to heave-to, the lugger still held on and took no notice.

After that the _Kite_ continued to fire several times from her swivel

guns. Later still, as the _Kite_ came yet closer, the latter hailed

her and requested her to lower her sails, informing her at the same

time that she was a King's cutter. Still the lugger paid no heed, so

the cutter now fired at her from muskets. It was only after this that

the lugger, seeing her chance of escape was gone, gave up, lowered

sail, wore round, and came under the _Kite's_ stern. The cutter

hoisted out a boat, the midshipman already mentioned was sent aboard

the lugger, and the latter's master was brought to the _Kite_, when

whom should they find to be their prisoner but David Browning, better

known as "Smoker," of North Sea fame? When the _Kite's_ captain asked

for his papers "Smoker" replied that he had no papers but a bill of

sale. He was afterwards heard to remark that if he had understood the

log line he would not have been so near the land as he was, and

admitted he had been bound for Flushing, having doubtless just landed

a cargo on the beach.

The lugger was found to be decked and clinker-built with a running

bowsprit on which she set a jib. Six carriage guns were also found on

board, mounted on her deck. Four of these guns were observed to be

loaded, three with powder and one with shot, and they were 4-pounders.

After the capture was made the two vessels lay for a time hove-to on

the heaving sea under the star-specked sky. The lugger was then put in

charge of the midshipman and a prize crew from the cutter, the

prisoners being of course taken on board the _Kite_. Both lugger and

cutter then let draw their sails, and set a course N.E. for the Isle

of Wight until 2 A.M. As it then came on thick the vessels hove-to

until daylight, when sail was made again, the lugger being sent on

ahead to sound, so as to see how near they were approaching the Isle

of Wight. Later on they found themselves in 12 fathoms and judged

themselves to be near the Owers. Eventually, having steered about

N.N.E. and sighted Chichester Church in the distance, they went about

and stood south, the wind having veered to W.N.W., and at 3.30 P.M.

let go anchor in Spithead. Browning in due time appeared in Court, and

a verdict was given for the King, so that at last this celebrated

smuggler had been caught after many an exciting chase.

It was not many years after this incident that a 70-ton cutter named

the _Charming Molly_ arrived at Portsmouth. A Customs officer went on

board her and found a man named May, who produced the key of the

spirit-room, saying he was master of the ship. In the spirit-room the

Customs officer found a hogshead of gin containing 62 gallons. May was

anxious to show that this was quite legitimate, as there were sixteen

men aboard and the contents of this cask were for their use. The

Customs officer now inquired if there was any more liquor on the ship,

and May replied in the negative, at first. The officer then said he

would search the cabin, whereupon May added that there was a small

cask which he had picked up at sea and had kept for the crew's use.

This cask was found in May's own state-room, and contained about three

gallons of brandy, though it was capable of holding another gallon and

no doubt recently had so done. However, May now said that that was the

entire lot, and there was not a drop of anything else on board. Yet

again the officer was not to be put off, and found in the state-room

on the larboard side a place that was locked. May then explained that

this locker belonged to a man named Sheriff, who was at present

ashore, and had the key with him. However May volunteered, if the

officer saw fit, to open it, but at the same time assured him there

was no liquor therein. The officer insisted on having it broken open,

when there were discovered two new liquor cases containing each twelve

bottles of brandy, making in all eight gallons, and two stone bottles

of brandy containing five gallons. Even now May assured the officer

that he had no more in the ship, but after a further search the

officer found twelve dozen bottles of wine in a locked locker in the

cabin.

We need not follow this case any further, but as a fine example of

deliberate lying it is hard to beat. Throughout the exciting career of

a smuggler, when chased or captured, in running goods by night or

stealing out to get clear of the land before the sun came up, this one

quality of coolness in action or in verbal evasion ever characterised

him. He was so frequently and continuously face to face with a

threatening episode that he became used to the condition.

FOOTNOTES:

[10] See also Appendix I.

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