Hughes's first impulse was to supersede his recalcitrant subordinate, and bring him to trial. He learned, however, that many of the other captains, of whom the court must be formed, shared his junior's views, although they shrank, with the submissiveness of military men, from the decisive act of disobedience. The result of a trial must therefore be doubtful. He was, moreover, a fiddler, as Nelson continually styled him, shifting back and forth, from opinion to opinion, and to be relied upon for only one thing,—to dodge responsibility, if possible. Consequently, no official action was taken; the commander-in-chief contented himself with washing his hands of all accountability. He had given orders which would clear himself, in case Nelson's conduct was censured in England. If, on the contrary, it was approved, it would redound to the credit of the station.
The matter was soon brought to a test. The governors and all the 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 into unpleasant contact upon several occasions in his later life.
There was no serious question as to the condemnation of the four last seizures, the facts being clear and the principle settled;10 but the rage of the inhabitants of Nevis led them to seek revenge upon Nelson for the injury they could no longer prevent. He had summoned the masters of the ships on board the "Boreas," and, after satisfying himself that the vessels were not entitled to British registers, had sent marines to hold them, and to prevent essential witnesses from leaving them, until the cases were tried. Upon these circumstances was based an accusation of assault and imprisonment, the masters swearing that they had made their statements under bodily fear. Writs were issued against Nelson, damages being laid at four thousand pounds, a sum which to him meant ruin. Although he asserted that there was absolutely no truth in the charges, which are certainly in entire contradiction to the general, if not invariable, tenor of his life and conduct, he was advised by the Crown lawyers not to subject himself to trial, as in the state of public feeling he could not expect a fair verdict. To avoid arrest, he was forced to confine himself to the ship for seven weeks, during which the marshal made several attempts to serve the writ, but without success. On the day that the case of the seized ships came up, he was able to be present in court only by the safe conduct of the judge.
Two days after the seizure of the four vessels, Sir Richard Hughes, who was making a tour of the station under his command, arrived at Nevis; but he had no support to give his zealous lieutenant. "He did not appear to be pleased with my conduct," wrote Nelson to Locker. "At least he did not approve it, but told me I should get into a scrape. Seven weeks I was kept a close prisoner to my ship; nor did I ever learn that the admiral took any steps for my release. He did not even acquaint the Admiralty Board how cruelly I had been treated; nor of the attempts which had been made to take me out of my ship by force, and that indignity offered under the fly of his flag." "I had the governor, the Customs, all the planters upon me; subscriptions were soon filled to prosecute; and my admiral stood neuter, although his flag was then in the roads." To this lack of countenance on the part of his superior, and direct persecution by those injuriously affected by his action, there was added a general social ostracism, to which he frequently alludes, and which was particularly emphasized by its contrast with the habits of hospitality prevalent among the small and wealthy planter community. One friend, however, stood by him, and offered to become his bail in the sum of ten thousand pounds,—Mr. Herbert, the President of Nevis, and one of the wealthiest men in the island. He had, Nelson said, suffered more than any one else from the interruption of the trade, but he considered that the young captain had done only his duty. Possibly there may have been a warmer feeling underlying this esteem, for he was the uncle of the lady whom Nelson afterwards married, and to whom he seems to have been paying attention already.
Despite his indomitable pluck and resolve, the confinement, uncertainty, and contention told heavily on Nelson's health and spirits. His temper was too kindly and social not to feel the general alienation. It could not affect his purpose; but the sense of right-doing, which sustained him in that, did not make his road otherwise easier. It is, indeed, especially to be noticed that there was not in him that hard, unyielding fibre, upon which care, or neglect, or anxiety, makes little impression. He was, on the contrary, extremely sympathetic, even emotional; and although insensible to bodily fear, he was by no means so to censure, or to risk of other misfortune. To this susceptibility to worry, strong witness is borne by an expression of his, used at the very time of which we are now writing. One of his friends—Captain Pole of the Navy—had detained and sent in a neutral vessel for breach of belligerent rights. After long legal proceedings, extending over five years, she was condemned, and proved to be a very valuable prize to the captors. "Our friend Charles Pole," he writes, "has been fortunate in his trial; but the lottery is so very much against an officer, that never will I knowingly involve myself in a doubtful cause. Prize-money is doubtless very acceptable; but my mind would have suffered so much, that no pecuniary compensation, at so late a period, would have made me amends." Contrasting this utterance with the resolution shown by him at this time, in fighting what he considered the cause of his country in the West Indies, it can be seen