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The Life of Nelson, Volume 1 (of 2) - The Embodiment of the Sea Power of Great Britain by A. T. (Alfred Thayer) Mahan
page 83 of 497 (16%)
officials, particularly of the Custom House, resented the action of
the naval officers; but the vigilance of the latter so seriously
interrupted the forbidden traffic under American colors, that recourse
was had to giving British registers to the vessels concerned, allowing
them to trade under British flags. This, however, was equally contrary
to the Navigation Act, which forbade British registry to foreign-built
ships, except when prizes taken in war; and the disguise wast too thin
to baffle men like Collingwood and Nelson. The latter reported the
practice to the home Government, in order that any measures deemed
necessary might be taken. Meanwhile he patiently persisted in turning
away all vessels, not British built, which he encountered, confining
himself for the time to this merely passive prevention; but finding at
last that this was not a sufficient deterrent, he gave notice that
after the 1st of May, 1785, he would seize all American vessels
trading to the islands, "let them be registered by whom they might."
Accordingly, on the 2d of May he arrested an American-built schooner,
owned in Philadelphia and manned entirely by Americans, but having a
British register issued at the island of St. Christopher.

The Crown lawyer was now called upon to prosecute the suit. He
expressed grave doubts as to a naval captain's power to act by virtue
simply of his commission, the sole authority alleged by the captor;
and, although he proceeded with the case, his manner so betrayed his
uncertainty that Nelson felt it necessary to plead for himself. To the
confusion of all opponents the judge decided in his favor, saying he
had an undoubted right to seize vessels transgressing the Navigation
Laws. The principle thus established, Nelson on the 23d of the same
month, at the island of Nevis, upon the same grounds, seized four
vessels,--one of which had been registered at Dominica by Governor
Orde, a naval captain senior in rank to himself, and with whom he came
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