CHAPTER II

GROWTH OF TEA AND TOBACCO SMUGGLING IN THE EIGHTEENTH CENTURY—REPRESSIVE

LAWS A FAILURE

SIDE by side with the export smuggling of wool, the import smuggling of

tobacco and tea grew and throve amazingly in later ages. Every one,

knowingly or unsuspectingly, smoked tobacco and drank tea that had paid

no duty.

“Great Anna” herself, who was among the earliest to yield to the refining

influence of tea—

Great Anna, whom three realms obey,

Doth sometimes counsel take, and sometimes tay—

in all probability often drank tea which had contributed nothing to the

revenue. Between them tea and tobacco, in the illegal landing of the

goods, found employment for hundreds of hardy seafaring men and stalwart

landsmen, and led to much violence and bloodshed, beside which the

long-drawn annals of the owlers seem almost barren of incident.

Early in the eighteenth century, when continental wars of vast magnitude

were in progress, the list of dutiable articles began to grow quickly,

and concurrently with the growth of this list the already existing tariff

was continually increased. The smugglers’ trade grew with these growths,

and for the first time became a highly organised and widely distributed

trade, involving every class. The time had come at last when every

necessary of daily use was taxed heavily, often far above its ordinary

trading value; and an absurd, and indeed desperate, condition of affairs

had been reached, in which people of all ranks were more or less faced

with the degrading dilemma of being unable to afford many articles

generally consumed by persons of their station in life, or of procuring

them of the smugglers—the “free traders,” as they rightly styled

themselves—often at a mere one-third of the cost to which they would have

been put had their illicit purchasers paid duty.

The Government was, as we now perceive, in the mental perspective

afforded by lapse of time, in the clearly indefensible position of

heavily taxing the needs of the country, and of making certain practices

illegal that tended to supply those needs at much lower rates than those

thus artificially created, and yet of being unable to provide adequate

means by which these generally detested laws could be enforced. It was,

and is, no defence to hold that the revenues thus hoped for were a

sufficient excuse. To create an artificial restraint of trade, to

elevate trading in spite of restraint into a crime, and yet not to

provide an overmastering force that shall secure obedience, if not in one

sense respect, for those unnatural laws, was in itself a course of action

that any impartial historian might well hold to be in itself criminal;

for it led to continual disturbances throughout the country, with

appalling violence, and great loss of life, in conflict, or in the darker

way of secret murder.

But no historian would, on weighing the evidence available, feel

altogether sure of so sweeping an indictment of the eighteenth-century

governance of England. It was corrupt, it was self-seeking, it had no

breadth of view; but the times were well calculated to test the most

Heaven-sent statesmanship. The country, as were all other countries, was

governed for the classes; and governed, as one would conduct a business,

for revenue; whether the revenue was to be applied in conducting foreign

wars, or to find its way plentifully into the pockets of placemen, does

not greatly matter. This misgovernment was a characteristic failing of

the age; and it must, moreover, be recognised that the historian, with

his comprehensive outlook upon the past, spread out, so to speak,

map-like to his gaze, has the advantage of seeing these things as a

whole, and of criticising them as such; while the givers and

administrators of laws were under the obvious disadvantages of each

planning and working for what they considered to be the needs of their

own particular period, with those of the future unknown, and perhaps

uncared for. That there were some few among those in authority who

wrought according to their lights, however feeble might be their

illumination, must be conceded even to that age.

At the opening of this era, when Marlborough’s great victories were yet

fresh, and when the cost of them and of other military glories was

wearing the country threadbare, the most remarkable series of repressive

Acts, directed against smuggling, began. Vessels of very small tonnage

and light draught, being found peculiarly useful to smugglers, the use of

such, even in legalised importing, was strictly forbidden, and no craft

of a lesser burthen than fifteen tons was permitted. This provision, it

was fondly conceived, would strike a blow at smuggling, by rendering it

impossible to slip up narrow and shallow waterways; but this pious

expectation was doomed to disappointment, and the limit was accordingly

raised to thirty tons; and again, in 1721, to forty tons. At the same

time, the severest restrictions were imposed upon boats, in order to cope

with the ten, or even twelve and fourteen-oared galleys, rowed by

determined “free-traders.”

To quote the text of one among these drastic ordinances:

“Any boat built to row with more than four oars, found upon land or

water within the counties of Middlesex, Surrey, Kent, or Sussex, or

in the river Thames, or within the limits of the ports of London,

Sandwich, or Ipswich, or any boat rowing with more than six oars

found either upon land or water, in any other port, or within two

leagues of the coast of Great Britain, shall be forfeited, and every

person using or rowing in such boat shall forfeit £40.”

These prohibitions were, in 1779, in respect of boats to row with more

than six oars, extended to all other English counties; the port of

Bristol only excepted.

As for smuggling craft captured with smuggled goods the way of the

revenue authorities with such was drastic. They were sawn in three

pieces, and then thoroughly broken up.

The futility of these extraordinary steps is emphasised by the report of

the Commissioners of Customs to the Treasury in 1733, that immense

smuggling operations were being conducted in Kent, Sussex, Essex, and

Suffolk. In twelve months, this report declared, 54,000 lb. of tea and

123,000 gallons of brandy had been seized, and still, in spite of these

tremendous losses, the spirit of the smugglers was unbroken, and

smuggling was increasing. An additional force of 106 Dragoons was asked

for, to stiffen that of 185 already patrolling those coasts.

It was clearly required, with the utmost urgency, for such a mere handful

of troops spread over this extended seaboard could scarce be considered a

sufficient backing for the civil force, in view of the determined

encounters continually taking place, in which the recklessness and daring

of the smugglers knew no bounds. Thus, in June 1733, the officers of

customs at Newhaven, attempting to seize ten horses laden with tea, at

Cuckmere, were opposed by about thirty men, armed with pistols and

blunderbusses, who fired on the officers, took them prisoners, and kept

them under guard until the goods were safely carried off.

In August of the same year the riding-officers, observing upwards of

twenty smugglers at Greenhay, most of them on horseback, pluckily essayed

to do their duty and seize the goods, but the smugglers fell furiously

upon them, and with clubs knocked one off his horse, severely wounded

him, and confined him for an hour, while the run was completed. Of his

companions no more is heard. They probably—to phrase it delicately—went

for assistance.

In July 1735, customs officers of the port of Arundel, watching the

coast, expecting goods to be run from a hovering smuggler craft, were

discovered by a gang of more than twenty armed smugglers, anxiously

waiting for the landing, and not disposed for an all-night trial of

endurance in that waiting game. They accordingly seized the officers and

confined them until some boatloads of contraband had been landed and

conveyed away on horseback. In the same month, at Kingston-by-the-Sea,

between Brighton and Shoreham, some officers, primed with information of

a forthcoming run of brandy, and seeking it, found as well ten smugglers

with pistols. Although the smugglers were bold and menacing, the customs

men on this occasion had the better of it, for they seized and duly

impounded the brandy.

A more complicated affair took place on December 6th of the same year,

when some customs officers of Newhaven met a large, well-armed gang of

smugglers, who surrounded them and held them prisoners for an hour and a

half. The same gang then fell in with another party, consisting of three

riding-officers and six Dragoons, and were bold enough to attack them.

Foolish enough, we must also add; for they got the worst of the

encounter, and, fleeing in disorder, were pursued; five—armed with

pistols, swords, and cutlasses, and provided with twelve horses—being

captured.

A fatal encounter took place at Bulverhythe, between Hastings and

Bexhill, in March 1737. It is best read of in the anonymous letter

written to the Commissioners of Customs by a person who, for fear of the

smuggling gangs, was afraid to disclose his real name, and subscribed

himself “Goring.” The letter—whose cold-blooded informing, the work

evidently of an educated, but cruel-minded person, is calculated to make

any reader of generous instincts shiver—is to be found among the customs

correspondence, in the Treasury Papers.

“May it please [your] Honours,—It is not unknown to your Lordships of

the late battle between the Smuglers and Officers at Bulverhide; and

in relation to that Business, if your Honours but please to advise in

the News Papers, that this is expected off, I will send a List of the

names of the Persons that were at that Business, and the places’

names where they are usually and mostly resident. Cat (Morten’s man)

fired first, Morten was the second that fired; the soldiers fired and

killed Collison, wounded Pigon, who is since dead; William Weston was

wounded, but like to recover. Young Mr. Bowra was not there, but his

men and horses were; from your Honours’

“Dutifull and Most faithfull servant,

“GORING.

“There was no foreign persons at this Business, but all were Sussex

men, and may easily be spoke with.

“This [is] the seventh time Morten’s people have workt this winter,

and have not lost anything but one half-hundred [of tea] they gave to

a Dragoon and one officer they met with the first of this winter; and

the Hoo company have lost no goods, although they constantly work,

and at home too, since they lost the seventy hundred-weight. When

once the Smuglers are drove from home they will soon all be taken.

Note, that some say it was Gurr that fired first. You must well

secure Cat, or else your Honours will soon lose the man; the best way

will be to send for him up to London, for he knows the whole Company,

and hath been Morten’s servant two years. There were several young

Chaps with the Smuglers, whom, when taken, will soon discover the

whole Company. The number was twenty-six men. Mack’s horses,

Morten’s, and Hoak’s, were killed, and they lost not half their

goods. They have sent for more goods, and twenty-nine horses set out

from Groombridge this day, about four in the afternoon, and all the

men well armed with long guns.

“And if I hear this is received, I will send your Honours the Places

names where your Honours will intercep the Smuglers as they go to

Market with their Goods, but it must be done by Soldiers, for they go

stronger now than ever. And as for Mr. Gabriel Tompkin, Supervisor

of Dartford, there can be good reason given that Jacob Walter brought

him Goods for three years last past, and it is likewise no dispute of

that matter amongst allmost all the Smuglers. The Bruces and Jacob

fought about that matter and parted Company’s, and Mr. Tompkin was

allway, as most people know, a villain when a Smugler and likewise

Officer. He never was concern’d with any Body but Jacob, and now

Jacob has certainly done with Smugling. I shall not trouble your

Honours with any more Letters if I do not hear from this, and I do

assure your Honours what I now write is truth.

“There are some Smuglers with a good sum of money, and they may pay

for taking; as Thomas Darby, Edward King, John Mackdanie, and others

that are rich.

“The Hoo Company might have been all ruined when they lost their

goods; the Officers and Soldiers knew them all, but they were not

prosecuted, as [they] was not at Groombridge, when some time since a

Custom House Officer took some Tea and Arms too in Bowra’s house at

Groombridge.

“The first of this Winter, the Groombridge Smuglers were forced to

carry their goods allmost all up to Rushmore Hill and Cester Mark,

which some they do now, but Tea sells quick in London now, and Chaps

from London come down to Groombridge allmost every day, as they used

to do last Winter. When once they come to be drove from home, they

will be put to great inconveniences, when they are from their friends

and will lose more Goods than they do now, and be at more Charges.

Do but take up some of the Servants, they will soon rout the Masters,

for the Servants are all poor.

“Young Bowra’s House cost £500 building, and he will pay for looking

up.

“Morten and Bowra sold, last Winter, some-ways, about 3,000 [lb.]

weight a week.”

We hear nothing further of “Goring,” and there is nothing to show who was

the person whose cold malignance appears horribly in every line of his

communication. Any action that may have been officially taken upon it is

also hidden from us. But we may at least gather from it that the

master-men, the employers of the actual smugglers of the goods, were in a

considerable way of business, and already making very large profits. We

see, too, that the smuggling industry was even then well on towards being

a powerful organisation.

Still sterner legislative methods were, accordingly, in the opinion of

the authorities, called for, and the Act of Indemnity of 1736 was the

first result. This was a peculiarly mean and despicable measure, even

for a Revenue Act. There is this excuse—although a small one—for it;

that the Government was increasingly pressed for money, and that the

enormous leakage of customs dues might possibly in some degree be

lessened by stern and not very high-minded laws. By this Act it was

provided that smugglers who desired (whether on trial or not) to obtain a

free pardon for past offences, might do so by fully disclosing them; at

the same time giving the names of their fellows. The especial iniquity

of this lamentable example of frantic legislation, striking as it did at

the very foundations of character in the creation of the informer and the

sneak, is a sad instance of the moral obliquity to which a Government

under stress of circumstances can descend.

The Act further proceeded to deal with backsliders who, having purged

themselves as above, again resumed their evil courses, and it made the

ways of transgressors very hard indeed; for, when captured, they were

charged with not only their present offence, but also with that for which

they had compounded with the Dev— that is to say, with the law. And,

being so charged, and duly convicted, their case was desperate; for if

the previous offence had carried with it, on conviction, a sentence of

transportation (as many smuggling offences did: among them the carrying

of firearms by three, or more men, while engaged in smuggling goods), the

second brought a sentence of death.

With regard to the position of the pardoned smuggler who had earned his

pardon by thus peaching on his fellows, it is not too much to

say—certainly so far as the more ferocious smuggling gangs of Kent and

Sussex were concerned—that by so doing he had already earned his capital

sentence; for the temper of these men was such, and the risks they were

made to run by these ferocious Acts were so great, that they would

not—and, in a way of looking at these things, could not—suffer an

informer to live.

Thus, even the additional inducements offered to informers by

statute—including a reward of £50 each for the discovery and conviction

of two or more accomplices—very generally failed to obtain results.

Many other items of unexampled severity were included in this Act, and in

the yet more drastic measures of 1745 and the following year. By these

it was provided that persons found loitering within five miles of the

sea-coast, or any navigable river, might be considered suspicious

persons; and they ran the risk of being taken before a magistrate, who

was empowered, on any such person being unable to give a satisfactory

account of himself, to commit him to the House of Correction, there to be

whipped and kept at hard labour for any period not exceeding one month.

In 1746, assembling to run contraband goods was made a crime punishable

with death as a felon, and counties were made liable for revenue losses.

Smuggled goods seized and afterwards rescued entailed a fine of £200 upon

the county; a revenue officer beaten by smugglers cost the county £40; or

if killed, £100; with the provision that the county should be exempt if

the offenders were convicted within six months.

As regards the offenders themselves, if they failed to surrender within

forty days and were afterwards captured, the person who captured them was

entitled to a reward of £500.

Dr. Johnson’s definition of a smuggler appears on the title-page of the

present volume. It is not a flattering testimonial to character; but, on

the other hand, his opinion of a Commissioner of Excise—and such were the

sworn enemies of smugglers—was much more unfavourable. Such an one was

bracketed by the doctor with a political pamphleteer, or what he termed

“a scribbler for a party,” as one of “the two lowest of human beings.”

Without the context in which these judgments are now placed, it would be

more than a little difficult to trace their reasoning, which sounds as

little sensible as it would be to declare at one and the same time a

burglar to be a dangerous pest and a policeman a useless ornament. But

if smugglers can be proved from these pages wicked and reckless men, so

undoubtedly shall we find the Commissioners of Excise and Customs, in

their several spheres, appealing to the basest of human instincts, and

thus abundantly worthy of Johnson’s censure.

The shifts and expedients of the Commissioners of Customs for the

suppression of smuggling were many and ingenious, and none was more

calculated to perform the maximum of service to the Revenue with the

minimum of cost than the commissioning of privateers, authorised to

search for, to chase, and to capture if possible any smuggling craft.

“Minimum of cost” is indeed not the right expression for use here, for

the cost and risks to the customs establishment were _nil_. It should be

said here that, although the Acts of Parliament directed against

smuggling were of the utmost stringency, they were not always applied

with all the severity possible to be used; and, on the other hand,

customs officers and the commanders of revenue cutters were well advised

to guard against any excess of zeal in carrying out their instructions.

To chase and capture a vessel that every one knew perfectly well to be a

smuggler, and then to find no contraband aboard, because, as a matter of

fact, it had been carefully sunk at some point where it could easily be

recovered at leisure, was not only not the way to promotion as a zealous

officer; but was, on the contrary, in the absence of proof that

contraband had been carried, a certain way to official disfavour. And it

was also, as many officers found to their cost, the way into actions at

law, with resultant heavy damages not infrequently awarded against them.

It was, indeed, a scandal that these public servants, who assuredly

rarely ever brought to, or overhauled, a vessel without reasonable and

probable cause, should have been subject to such contingencies, without

remedy of any kind.

The happy idea of licensing private adventurers to build and equip

vessels to make private war upon smuggling craft, and to capture them and

their cargoes, was an extension of the original plan of issuing letters

of marque to owners of vessels for the purpose of inflicting loss upon an

enemy’s commerce; but persons intending to engage upon this private

warfare against smuggling had, in the first instance, to give security to

the Commissioners of a diligence in the cause thus undertaken, and to

enter into business details respecting the cargoes captured. It was,

however, not infrequently found, in practice, that these privateers very

often took to smuggling on their own account, and that, under the

protective cloak of their ostensible affairs, they did a very excellent

business; while, to complete this picture of failure, those privateers

that really did keep to their licensed trade generally contrived to lose

money and to land their owners into bankruptcy.

The Smugglers: Picturesque Chapters in the Story of an Ancient Craft · 第 2 / 16 章