diately he sent his boat with one of his
Lieutenants to take it down again with a verball order which I refused
to lett him do, but by strength overpowered me and my company and took
it down by force, and beat us to ye degree yat I know not whether it
may not hazard some men's lives, which I acknowledge I did not wear it
in contempt, and if he had sent another time I would readily have
obeyed his Order. Now I humbly conceive that it was merely out of
malice as I can prove by his own mouth."
Arising out of this incident, a letter was sent from the Admiralty to
the Portsmouth Custom House and signed by "J. Burchett." The latter
opined that it was not a fault for the Custom House smacks to wear a
pendant, but pointed out that the Proclamation of 1699 obliged the
Custom House smacks to wear such a pendant as was distinct from the
King's "as well as their Jacks and Ensigns." Furthermore he suggested
that it had always been customary to strike such pendant when in sight
of an Admiral's flag, especially if demanded.
The second incident occurred on February 4, 1806. The commanding
officer of H.M. Armed vessel _Sentinel_ was lying in Shields harbour.
He sent word to a man named Stephen Mitchell, who caused the watch of
the Revenue cutter _Eagle_ to hoist the _Eagle's_ pendant half-mast.
Mitchell naturally replied that he dared not do so without his
captain's orders. Mitchell, therefore, sent to his captain, George
Whitehead, but before the latter's arrival the pendant was hauled
down and carried on board the _Sentinel_ with threats that Whitehead
should be prosecuted for wearing a pendant. Whitehead accordingly
wrote to the Collector and Controller of the Customs at Newcastle to
lodge a complaint. The latter, in turn, wrote to Lieut. W. Chester,
R.N., commanding this _Sentinel_ gun-brig asking for an explanation.
The naval officer replied by referring them to Articles 6 and 7 of the
Admiralty Instructions regarding ships or vessels in the service of
any public office, by which it was ordered that they should wear the
same Ensign and Jack as ships having Letters of Marque, except that in
the body of the Jack or Ensign there should be likewise described the
seal of the office they belonged to. All vessels employed in the
service of any public office were forbidden to wear pendants contrary
to what was allowed, and officers of ships-of-war were permitted to
seize any illegal colours. Chester contended that the _Eagle_ was
haile
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