The negro was never reckoned an alien. Looked upon as a proprietary subject of the Crown, and having no one in particular to speak up for or defend him, he "shared the same fate as the free-born white man." [Footnote: Admiralty Records 1. 482—Admiral Lord Colvill, 29 Oct. 1762.] Many blacks, picked up in the West Indies or on the American coast "without hurting commerce," were to be found on board our ships of war, where, when not incapacitated by climatic conditions, they made active, alert seamen and "generally imagined themselves free." [Footnote: Admiralty Records 1. 585—Admiral Donnelly, 22 Feb. 1815.] Their point of view, poor fellows, was doubtless a strictly comparative one.

Theoretically exempt by virtue of his calling, whatever that might be, the landsman was in reality scarcely less marked down by the gang than his unfortunate brother the seafaring man; for notwithstanding all its professions to the contrary, Admiralty could not afford to ignore the potentialities of the reserve the landsman represented. Hence no occupation, no property qualification, could or did protect him. As early as 1705 old Justice, in his treatise on sea law, deplores bitterly the "barbarous custom of pressing promiscuously landsmen and seamen," and declares that the gang, in its purblind zeal, "hurried away tradesmen from their houses, 'prentices and journeymen from their masters' shops, and even housekeepers (householders) too." By 1744 the practice had become confirmed. In that year Capt. Innes, of His Majesty's armed sloop the Hind, applied to the Lords Commissioners for "Twenty Landsmen from Twenty to Twenty-five years of Age." The Admiralty order, "Let the Regulating Captains send them as he desires," [Footnote: Admiralty Records 1. 1983—Capt. Innes, 3 May 1744, and endorsement.] leaves no room for doubt as to the class of men provided. They were pressed men, not volunteers.

Nor is this a solitary instance of a practice that was rapidly growing to large proportions. Many a landsman, in the years that followed, shared the fate of the Irish "country farmer" who went into Waterford to sell his corn, and was there pressed and sent on board the tender; of James Whitefoot, the Bristol glover, "a timid, unformed young man, the comfort and support of his parents," who, although he had "never seen a ship in his life," was yet pressed whilst "passing to follow his business," which knew him no more; and of Winstanley, the London butcher, who served for upwards of sixteen years as a pressed man. [Footnote: Admiralty Records 1. 1501—Capt. Bligh, 16 May 1781. Admiralty Records 1. 1531—Duchess of Gordon, 14 Feb. 1804. Admiralty Records 1. 584—Humble Petition of Betsey Winstanley, 2 Sept. 1814.] Wilkes' historic barber would have entered upon the same enforced career had not that astute Alderman discovered, to the astonishment of the nation at large, that a warrant which authorised the pressing of seamen did not necessarily authorise the pressing of a city tonsor.

Amongst landsmen the harvester, as a worker of vital utility to the country, enjoyed a degree of exemption accorded to few. Impress officers had particular instructions concerning him. They were to delete him from the category of those who might be taken. Armed with a certificate from the minister and churchwardens of his parish, this migratory farm-hand, provided always he were not a sailor masquerading in that disguise, could traverse the length and breadth of the land to all intents and purposes a free man. To him, as well as to the grower of corn who depended so largely upon his aid in getting his crop, the concession proved an inestimable boon. There were violations of the harvester's status, it is true; [Footnote: Admiralty Records 1. 5125—Memorial of Sir William Oglander, Bart., July 1796.] but these were too infrequent to affect seriously the industry he represented.

So far as the press was concerned, the harvester was better off than the gentleman, for while the former could dress as he pleased, the latter was often obliged to dress as he could, and in this lay an element of danger. So long as his clothes were as good as the blood he boasted, and he wore them with an aplomb suggestive of position and influence, the gentleman was safe; but let his pretensions to gentility lie more in the past than in the suit on his back, and woe betide him! In spite of his protestations the gang took him, and he was lucky indeed if, like the gentleman who narrates his experience in the Review for the both of February 1706, he was able to convince his captors that he was foreign born by "talking Latin and Greek."

To the people at large, whether landsmen or seafarers, the Act exempting from the press every male under eighteen and over fifty-five years of age would have brought a sorely needed relief had not Admiralty been a past-master in the subtle art of outwitting the law. In this instance a simple regulation did the trick. Every man or boy who claimed the benefit of the age-limit when pressed, was required to prove his claim ere he could obtain his discharge. [Footnote: Admiralty Records 7. 300—Law Officers' Opinions, 1778-83, No. 43: "It is incumbent on those who claim to be exempted to prove the facts.">[ The impossibility of any general compliance with such a demand on the part of persons often as ignorant of birth certificates as they were of the sea, practically wiped the exemption off the slate.

In the eyes of the Regulating Captain no man was older than he looked, no lad as young as he avowed. Hence thousands of pressed men over fifty-five, who did not look the age they could not prove, figured on the books of the fleet with boys whose precocity of appearance gave the lie to their assertions. George Stephens, son of a clerk in the Transport Office, suffered impressment when barely thirteen; and the son of a corporal in Lord Elkinton's regiment, one Alexander M'Donald, was listed in the same manner while still "under the age of twelve." [Footnote: Admiralty Records 1. 583—Vice-Admiral Hunter, 10 May 1813. Admiralty Records 1. 1503—Capt. Butchart, 22 Jan. 1782, and enclosure.] The gang did not pause by the way to discuss such questions.

Apprentices fell into a double category—those bound to the sea, those apprenticed on land. Nominally, the sea apprentice was protected from the impress for a term of three years from the date of his indentures, provided he had not used the sea before; [Footnote: 2 & 3 Anne, cap. 6, re-affirmed 13 George II. cap. 17.] while the land apprentice enjoyed immunity under the minimum age-limit of eighteen years. The proviso in the first case, however, left open a loop-hole the impress officer was never slow to take advantage of; and the minimum age-limit, as we have just seen, had little if any existence in fact. Apprentices pressed after the three years' exemption had expired were never given up, nor could their masters successfully claim them in law. They dropped like ripe fruit into the lap of Admiralty. On the other hand, apprentices pressed within the three years' exemption period were generally discharged, for if they were not, they could be freed by a writ of Habeas Corpus, or else the masters could maintain an action for damages against the Admiralty. [Footnote: Admiralty Records 7. 300—Law Officers' Opinions, 1778-83, No. 25.] 'Prentices who "eloped" or ran away from their masters, and then entered voluntarily, could not be reclaimed by any known process at law if they were over eighteen years of age. On the whole, the position of the apprentice, whether by land or sea, was highly anomalous and uncertain. Often taken by the gang in the hurry of visiting a ship, or in the scurry of a hot press on shore, he was in effect the shuttlecock of the service, to-day singing merrily at his capstan or bench, to-morrow bewailing his hard fate on board a man-o'-war.

When it came to the exemption of seamen, Admiralty found itself on the horns of a dilemma. Both the Navy and the merchant service depended in a very large degree upon the seaman who knew the ropes—who could take his turn at the wheel, scud aloft without going through the lubber-hole, and act promptly and sailorly in emergency. To take wholesale such men as these, while it would enormously enhance the effectiveness of His Majesty's ships of war, must inevitably cripple sea-borne trade. It was therefore necessary, for the well-being of both services, to discover the golden mean. According to statute law [Footnote: 13 George II. cap. 17.] every person using the sea, of what age soever he might be, was exempt from the impress for two years from the time of his first making the venture. The concession did not greatly improve the situation from a trade point of view. It merely touched the fringe of the problem, and Trade was insistent.

A further concession was accordingly made. All masters, mates, boatswains and carpenters of vessels of fifty tons and upwards were exempted from the impress on condition of their going before a Justice of the Peace and making oath to their several qualifications. This affidavit, coupled with a succinct description of the deponent, constituted the holder's "protection" and shielded him, or was supposed to shield him, from molestation by the gang. Masters and mates of colliers, and of vessels laid up for the winter, came under this head; but masters or mates of vessels detected in running dutiable goods, or caught harbouring deserters from the fleet, could be summarily dealt with notwithstanding their protections. The same fate befell the mate or apprentice who was lent by one ship to another.