king down the
hatchway of the _Dromedary_, when returning to England (1820), saw a
spectre walking the deck below, who requested a glass of water: the
soldier alarmed, made known the vision; and after a search, a stranger
was pulled out from among the planks with which the vessel was laden.
Having said "we," repeatedly, in speaking of his condition, the presence
of another was suspected, and further search discovered his
companion.[183]
Morgan, a Welshman, who concealed himself, was more fortunate: having
made a considerable sum by his labor, which he was desirous of carrying
home unbroken, he concealed himself in the hold of a vessel, and after a
few days appeared on deck. He was carried to London, and handed to the
police, when he coolly thanked the captain for his passage! He had
satisfied the law before he ventured on his voyage.[184]
The penalties on merchantmen conveying prisoners in a clandestine
manner, were sufficiently severe. The most remarkable was the instance
of the _General Gates_, an American vessel, which carried off ten
prisoner mechanics, and one free man;--a double violation of the local
laws. The _Dromedary_, store ship, was instantly sent in pursuit, and
captured the vessel at New Zealand. An action for twelve thousand pounds
was instituted by the Governor, and awarded by the court (1820). The
judge, in his address, dwelt chiefly on the ingratitude of the
defendant, who, "being permitted to partake in a valuable fishery, had
abused the hospitality of the country, and had gone into low
public-houses to entice away their best workmen!" This, indeed, was the
chief grievance, and occasioned the rigour of the pursuit and capture--a
stretch of power, it was deemed proper to compromise.
It was made lawful to arrest any persons suspected of being illegally at
large, and to detain them until they "proved otherwise;" the onus of
proof resting with the person apprehended: indemnity was provided for
those who did anything in furtherance of the act. In defence of these
powers it was alleged, that tenacity of the forms of British freedom was
unsuited to a state of society, where of the adults more than one half
were prisoners; and to distinguish them was impossible. The government
maintained that free persons, arrested in _bona fide_ error, were bound
to regard their consequent sufferings as a tribute to the welfare of the
country; but considering the ungentle spirit and ruthless instruments of
convict gov
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