HTML Transcription © F.Coakley , 2021
[From "That Island", 1965]
The year 1965, started in Great Britain with an 'Economic Crisis'. The full meaning of this. crisis, in all its ramifications, is perhaps difficult to understand and indeed irrelevant to the main purpose of this work. The popular conception of the terms are, however, significant. The cause of this economic crisis which became manifest first at the latter part of 1964, is partially attributed to, rightly or wrongly a lack of drive and initiative by the export manufacturers of Great Britain, The inability of the country to export more than it imported inevitably led to an adverse balance of trade. To stop the Trade Gap from widening, the Government imposed an Import Tariff, as one measure of correcting the position. You may well ask what this has to do with the Act of Revestment; an Act of Parliament which was passed two hundred years ago. The answer is simple, a comparison. Two hundred years ago Great Britain faced a similar economic crisis, but they did not call it an economic crisis then, they simply called it the 'Illicit and Clandestine Trade of the Isle of Man'.
To stop this so-called illicit trade, Parliament passed a succession of enactments all more or less ineffective in operation until the "Mischief Act" and the Act of Revestment were passed. To-day if Great Britain were to try and stop the legitimate trade of another nation by these methods, public opinion and international political pressure would be brought to bear on the British Government, as can be seen to-day when the Government is much criticised for restraining the imports of foreign goods into the country and for not consulting her trading partners about the measures taken.
Two hundred years ago Great Britain did not just curb the legitimate trade of the Isle of Man, they effectively stopped the trade of the Island and did not even bother to inform Tynwald of their actions. The British actually stopped the Manx Trade by a process which can only be described as veiled military occupation. British troops were stationed on the Island to see that the King's orders were obeyed. Customs cruisers were to be found at strategic points on the Manx coast. Charles Lutwidge, a most agressive man, who was of the opinion that the Island should be part of Cumberland for all policital purposes, was appointed by the British Customs to be their surveyor here. With Lutwidge came 50 coast officers and tide waiters, a formidable force even in those bold, bad buccaneering days!
It is difficult to-day to visualise what life was like two hundred or more years ago, the time when the Revestment Act was passed, and in order to try and give this era a true perspective, it is necessary to realise that it was an age of primitive transport, sailing ships and stage coaches; an age when the comforts we hold dear to-day had not been invented. The Revestment Act was actually passed five years before Captain Cook discovered New South Wales and the Calendar, to which we do not give a second thought to-day, had only been adopted by Great Britain thirteen years previously. It was a time when the newly emerged nation of Great Britain was finding its feet and embarking on its policy of empire building; an age when the fight for foreign territory and the supremacy of the world's maritime trade was at its zenith, and this resulted in protracted and costly wars with the European powers, particularly France. In Britain the old ways of life were also changing; the time of the Industrial evolution was at hand and her imperial might was being felt through the world.
We are this year commemorating the bicentenary of the Revestment Act; this Act which was the turning point of Manx History. The passing of this Act marked the close of the longest chapter of Manx History; an era which stretched from the time of the Viking conquests to the close of the feudatory Kingdom of Man.
To understand just why the Act of Revestment was passed, it is necessary to compare the trading system operating in England with that in use in the Isle of Man during the early part of the Eighteenth Century. In England during this period the "Commercial System" was in operation. This system was based on the theory that the nation's wealth was dependent on the amount of gold held by the Exchequer; and in order to prevent a flow of this gold from the country, high duties, prohibitions and bounties were imposed on the trade. The duties were chiefly Customs duties. The term "Customs" was anciently used in a wide sense for customary payments or dues of many kinds, whether regal, episcopal, or ecclesiastical; and more recently it had been restricted to the duties payable to the king, upon the exportation, importation or carriage coastwise, of certain articles of commerce.
About the year 1671, the customs in Great Britain ceased to be collected by "farmers" under lease from the King, and from that date the collection was taken over by a Board of Commissioners representing the King's Government. This system of "farming" was that the Customs dues were collected by private individuals, who paid the King a firm rent for this privilege. It is clear that once the King had received his rent from the "farm", he would have no interest in the actual collection of the Customs dues. If the "farmers" failed to collect the dues or merchants evaded them, it would in no way affect the King's income, only that of the "farmer". Consequently, the Authorities would not consider any evasion of dues as smuggling, but just pilfering from the "farmers" income.
The prohibitions, caused mainly by the passing of the "Navigation Acts", were designed to encourage the commerce of Great Britain, by excluding foreign competition, Thus, any goods or manufactures, which were likely to come into serious competition with those of Great Britain, were either prohibited from being imported, or hampered with heavy duties. Another important prohibition was on East India goods, which were restricted from entry into the country, except through the Staple Port of London, and subject to the regulations of the monopolistic trading company, "The East India Company", Because of this restriction, the distribution of these goods through the country was an extremely tedious business; however, the operation of large Charter Companies made the collection of Custom duties an easier task.
To assist home manufacturers and exporters, a system of bounties was introduced, whereby inducements were offered to these people, to encourage and stimulate the economic growth of the country. These inducements generally took the form of a guaranteed price for the goods manufactured for the export market. But even this system of bounties had adverse effects on some sections of British home industries, especially the brewing, the tobacco manufacturing and to a small extent the tanning trades. The Scottish Customs Commissioners complained that the chief internal trade of the Island was brewing, which had then expanded so much, that several breweries were importing as much barley as they could, from the Western parts of Great Britain and from Ireland. These brewers received the bounty and paid no malting duty, as the beer was brewed within the Island where the British duty could not be collected. The estimated output of the Manx breweries was considered to be 40 % of the total of the British Isles. The loss to the British Exchequer, in payment of bounty and the absence of any return on the malting duty, was a particular concern to the British Customs, as was the loss of trade to the British brewers of the strong beer brewed in the Island, which was sold to British ships mainly on route for Virginias and Guinea.
The expensive wars in which Great Britain had been engaged with the larger and more powerful countries of Europe, were directed to gain the supremacy of territory in India and North America, as well as the upperhand in maritime trade. As a consequence, the duties on the East India goods rose sharply, and trade with the enemy countries was forbidden. These wars can perhaps be attributed to the awakened national conscienceness which had become evident since the close of the Middle Ages, and had been accentuated by the Act of Union between Scotland and England in 1707.
The resultant new nation of Great Britain was a purposeful and strong country, indeed this time can be credited with the beginnings of Great Britain's greatness, and the start of her imperial policies; when the national aims and economic activities of this new nation were directed towards the preservation of its independence, and the increase of its power. To obtain this new power, sectional and local interests were subordinated to those of the State; in fact it was a programme of centralisation.
In the Isle of Man, the opening of the eighteenth century offered a new found prospect of progress and prosperity; the land question which had caused so much trouble in the previous century had been resolved by the Act of Settlement, which gave land holders the right to dispose of their estates at will. Prior to this Act when life on the land, was to say the least uncertain, the more energetic of the Manx had chosen the sea as a means of a livelihood. Until near the close of the seventeenth century, the external commerce of the Island had been regulated by a singular institution. Four representatives were chosen, usually at the Court of Tynwald; whose duty it was to bargain on behalf of the Island with any trading vessel. In the early 1700's, when the restrictions on foreigners living in the Island were lifted and this institution disappeared, the commercial relations of Man and the neighbouring countries received the at- tention of Tynwald, In 1709, the Insular Government made a serious attempt to help Manx agriculture and trade, by seeking the remission of the heavy duties placed, by the English Government, upon Manx produce exported there.
Another important cause of the Revesting Act being passed, could be attributed to the unique constitutional position of the Isle of Man, where from time immemorial the Island had been governed by its own laws and customs; a fact later to be ignored by Parliament. In the words of the Keys, in the Petition presented to Parliament, in March 1765 :
"The right of enacting and abrogating Laws hath been always vested in and jointly exercised by the Lord, the Governor, principal Officers, and Deemsters (who constitute the Lord's Council) and by the Commons represented by their Keys; when this concurrence is obtained, Laws are completed and from thenceforth binding, without any further sanction whatsoever". :
The Island was never considered to be part of the Realm of England, and was outside the fiscal Kingdom of England. Although the title of King of Man had been changed to that of Lord of Man by one of the Earls of Derby, the Lord retained the Island as a Kingdom, and enjoyed all the privileges of a King.
All these factors contributed to the Island becoming an entrepot which resulted in the sale of the Island to the English crown.
This is a subject on which a great deal has been written, and unfortunately for the character of Manxmen, not always accurately. To-day it is still possible to hear people talk about certain family connections with the smuggling trade. What is the truth of the matter? To understand what the smuggling trade really was and how it grew up, it is necessary to refer back. to what has been previously said.
The economic policies of England and Man as operated in the eighteenth century, which have already been briefly explained, were; the protectionist policy of England, based on the belief that British industries needed support by the State, in their struggle with foreign competitors, causing heavy duties to be placed on foreign commodities and bounties to be given to home produce; whilst in the Isle of Man a free trade was the basis of its economy. This resulted in foreign imported goods being subject to high duties in Great Britain, whilst in the Isle of Man, these goods could be cheaply and easily purchased, because of the much lower rate of the Manx Customs.
About the beginning of the eighteerith century, a group of British merchants discovered a profitable way of defrauding the British Customs. Observing that the British Government were prepared to grant to exporters a tax rebate on certain goods, these merchants proceeded to export to the Isle of Man, with the sole object thereby of later smuggling these goods back to Great Britain, and of claiming the tax rebate or "drawback" on the goods exported, Here we see then, the start of the smuggling trade, a trade carried out by British merchants to cheat and defraud their own country.
This trade became so profitable that other merchants came to the Island, and in the course of time, the foreign vessels already trading with the Island; found it convenient to sell East India teas, rums, French brandies and other luxury goods to these merchants.
The growth of the Island's trade, coupled no doubt, with an increase in smuggling, caused great annoyance to the British Government by the early 1700's. As early as 1672, a Customs Officer had been sent to live on the Island, and: to report on the trade, but due to much hostility and lack of co-operation within the Island, he had apparently little success; in fact the whole preventative operation would appear to have been very expensive and unrewarding. That the existence of this small Island on their doorstep, caused feeings to run high in the three kingdoms, is understandable, when it is considered that England had complete fiscal control over large areas of North America and India, as well as dominance in Irish and Scottish affairs, yet she was unable to curb this attack on her economy, which emanated from the Island.
By the 1750's, many rich people had obtained refuge in the Isle of Man, from the religious persecutions and heavy taxation they had suffered in Great Britain, and the added impetus these people had given to Manx commerce, and the effect of the so called greater wealth thus given to the Manx maritime trade, caused a loud out-cry against them and their trade, to be published in the British press at that time.
An article which expresses this view appeared in Gentleman's Magazine in May 1751 and called for the Isle of Man to be annexed to the Crown of Great Britain in these words :
"In 12 Geo. 1 c. 28, by an Act then passed, the Lords of the treasury were impowered to treat with the Earl of Derby, and his heirs for the purchase of all right to the Isle of Man ; and this Act was founded upon the almost impossibility of preventing SMUGGLING from that island, while it remain'd as a petty sovereignty in the hands of a proprietor.
The late Lord Derby, from some notion he had formed, of being able to leave the Isle of Man by will, would not treat with the treasury. The Duke of Athol, the present proprietor, may probably be disposed to part with it, upon good terms; especially when it is considered, that most part of his revenues arise from small duties and customs paid in the Island upon prohibited goods entered, and afterwards smuggled upon the coasts of England, Wales, Ireland and Scotland; which, though no method has yet been found out to prevent, in any degree (not one in a hundred of the boats or vessels concerned in the smuggling trade being taken at sea, or seized afterwards); it cannot therefore be supposed that the legislature will suffer it long to be carried on to such an enormous height, which now calls loudly for the ferocious attention of every person that wishes well to the trade and welfare of these kingdoms.
The Isle of Man is situated in the midst of the three kingdoms, not above six or seven hours sail from the nearest parts of Scotland, Ireland and England. It is the great STOREHOUSE or MAGAZINE for the. French, and other nations to deposit prodigious quantities of Wines, Brandies, Coffee, Teas and other India goods; which are carried off in small boats and wherries built for that purpose. To ascertain the quantity, the house of commons may order the collectors of the noble proprietor's customs in the Island to lay before them their books of entries, for the last seven years, of goods 999 parts of which, out of 1,000, are smuggled upon our coasts! Upon such an examination of these officers, the whole scene would come out!
Of late years a new and destructive trade has been set up by some Irish papists, who have cheated their creditors and carried their effects.to the Isle of Man; and that is by importing such quantities of Teas and other India goods, as ought greatly to alarm the INDIA COMPANY. Perhaps they do not know to what a height it is come; or else it is hardly possible they should sit still and not complain of whole SHIP-LOADS of Teas and other India goods, brought in for some years past from Denmark as well as Holland and France; and all smuggled upon our coasts. The captain of a cruiser last June did venture to do his duty, and attempted (as he thought he was warranted to do by an Act of Parliament) to seize a Dutch dogger, valued at £12,000 sterling, which run from him ashore upon the Island where she was bound, But the man found himself mistaken. Acts of PARLIAMENT and an English COMMISSION, could not protect him in that petty principality ................ They seized his men who had taken possession of the dogger; threw them into gaol, where five of them lay but a few months ago. The captain himself narrowly escaped, with two men and a boy, to Whitehaven; from which place he wrote his complaints to the commissioners of Customs ...............
If these gentlemen were called upon by the House of Commons, not only for these papers, but also for such information as they have received for some years past, from the collectors of Whitehaven and Liverpool, and their officer in the Isle of Man; no doubt could remain of the absolute necessity of annexing this Island immediately to the crown of Great Britain ................ "
From the above extract several important points arise, and indeed several misconceptions emerge, when compared with official documents of the time.
Firstly, the Manx revenue or the Lord's revenue, was not raised on prohibited goods; the goods which were imported into the Island and upon which Manx duty was paid, were prohibited from entry into the three kingdoms.
Secondly, the article states that no method had "yet been found to prevent smuggling". This statement was most certainly incorrect, as the Keys made overtures to the Treasury in 1711, in these words :
"That whenever any complaint hath been made against the trade of the Island or the practices of individuals as prejudical to the Revenue of Great Britain, the Keys have been always desirous to contribute every thing in their power for the remedy of such mischiefs; and particularly in the year 1711, upon the like complaint being made against the trade of the Isle, a Treaty was entered into between the Commissions of the Customs in England, authorized as it was understood by the Lords Commissioners of her Majesty's Treasury, and certain Deputies from the then Lord and The Keys of the Island. It was agreed that a Law should be passed in the said Isle to regulate their trade to Great Britain, and in consideration thereof that the cattle and all other goods of the growth, produce, and manufacture of the Isle of Man, should be imported to Great Britain duty free ..........."
This was certainly a fair solution, and one which would have worked had parliament carried out their part of the agreement, this, however, they failed to do, and Tynwald was forced to suspend the Act.
Thirdly, the illicit dealers complained of were chiefly merchants from Liverpool and Ireland who did not take the hazards of trade by sailing to the West Indies and Africa, as many of the Manx merchants; neither did they have regard to the good name of the Isle. This was certainly known about by the British Government, the customs authorities reported to the Treasury; that the Island was a refuge for Irish bankrupts and fugitives, who resorted there in such numbers as to make a considerable part of the inhabitants; and also that warehouses were kept there by the Liverpool merchants, for the sole purpose of supplying firearms, gunpowder, toys and India goods to their outgoing vessels on the Guinea trade. In 1757, owing to this large influx, the feelings against them became so strong, that the Keys presented a petition to the Duke of Athol, against the usurpation by them of the right and privileges of Manxmen. In fact, the strong feeling for his country's good, as expressed by the writer in Gentleman's Magazine, does not appear to have been held by all the inhabitants of the three kingdoms.
This is supported by the fact that such a large amount of trade was carried on between the Island and these countries, the goods finding their way into English homes as well as Scottish and Irish ones. British ship owners and masters were authorising their outgoing vessels to provision at the Island, before embarking on their voyages to such diverse places as Java and the West Indies. The customs officials also complained of the support given to the running trade by the English Insurance Underwriters who insured the merchants' vessels and goods against loss.
Fourthly, the reference made in the article to the East India Company is partially confirmed by a memorial from the London Commissioners of Customs to the Lords of the Treasury, dated January 1765, which stated that :
"That Teas and other East India Goods were purchased at the sales of the Danish and Swedish Oriental Companies."
It also stated that East India goods were purchased at the British East India Company's sales and exported direct to the Isle of Man; no doubt "drawback" would be claimed on the British Companies goods. A further reference in this memorial, proposed that the powers already in force in England and Ireland, should be extended to the Scottish Courts for the prosecution of persons illegally importing East India goods into the Island. That the traffic in these goods run to England was great, can be seen in the memorial's description of the Island,
"That Island which has become a support of Foreign East India Companies and a notorious storehouse for goods to be smuggled hither in open attack of the Legal Trade and Public Revenues of Great Britain."
Further on in the document it proposes that all East India fabric manufactures be prohibited to be worn in Great Britain.
The loss to Great Britain and the gains to France were estimated by the Press :
"to be inexpressibly great, and as all the sums drained from us are employed by them, in time of war, to hire troops, and pay armies to fight against us; it will be no exaggeration of the truth to say that since the peace of Utrecht, they have drawn more money from us, by means of their trade with this small Island, than was sufficient to maintain 30,000 men, with a train of artillery during the late war in Flanders ..................
In short, this Island may be looked upon as a FORTRESS in the hands of our enemies, draining us of our specie (for all these goods are paid for with English coin); and also continually annoying as in the most sensible part, our trade and commerce. And the whole question is, whether we ought to dispossess them or not: A question that admits of no dispute, if the public good and welfare of our country are to be determine it ............... Nor can there be any one good reason assigned why this Island should have remained so long in a manner independent of Great Britain."
Fifthly, the profits in running goods must have been high, when it induced the Whitehaven colliers, when on route to Ireland, to call at the Island's ports, for the sole purpose of purchasing goods to be run into Ireland on the outward voyage, and England on the return voyage.
Sixthly the Irish section of merchants within the Island were provided with boats built in shipyards only sixteen miles from Dublin, the headquarters of the Irish Customs Commissioners, for use in the smuggling trade, These merchants also retained the services of residents in Ireland, Scotland and. the North West coasts of England as intelligence agents and distributors. That these people were efficient and usually well informed of customs movements can be seen from the following extracts from customs reports :
"...Many of these men have established correspondences here, who having been in the trade and knowing exactly the extent of the Irish laws, are prepared to manage their contraband traffic with advantage and frequently to baffle the endeavours of the Revenue Officers appointed to guard the coast."
"... render ineffectual every attempt of the Servants of the Revenue to put a stop to it (the illicit trade), being impossible for cruisers to keep the sea or, if they could to discover the smugglers in the seasons which they prefer for conveying these goods, which is generally the darkest and roughest nights when from the situation of the Island every wind is favourable, should they be discovered and pursued in the Solway Firth, or on the coasts of Cumberland, Lancashire and Cheshire they escape over the Flats and Sands where vessels of a larger size and different construction cannot pass. It is almost equally impossible for the officers on shore to give any effectual check to them, as their correspondence with the common people of these coasts of England and Scotland and on the South and North sides of the Solway Firth is so well established, that the least appearance of danger from thence is conveyed to them by signals which, at the same time, inform them to what parts they may with safety steer ............... these persons are always ready to obstruct, assault and force the officers of the Revenue in the execution of their duty ..............."
Even so, the Irish customs authorities estimated the cost of goods seized in Ireland in one year, at £20,000, a large amount of money to lose in those days, but the Scottish Commissioners explain that the smugglers profits were so immense, that if even two-thirds of all the cargoes were seized by the Revenue Officers, the remaining third would pay all the costs of the business. They estimated that had all the smuggled goods passed into Great Britain legally the duties would have amounted to £350,000 annually.
"They are difficult to check. They form themselves into societies. They depute some of their number to buy the goods they want in the Island; to carry them over at their own risk, at appointed times and places. When the smugglers ashore are in force too large for the Revenue Officers to disturb them ..... the dexterity of the smugglers is so great that in fifteen minutes the cargo of a boat can be unloaded and placed on horseback and gallop off in the country ! "
The much quoted incident, mentioned by the author of the article in Gentleman's Magazine, and which appeared in various other journals of the time, concerning the exploits of the Dutch Dogger and the Customs Cruiser, takes on a different complexion when the full facts are made known. The affray started on the 26th June 1750, when early in the morning two Irish wherrys arrived in Douglas. The customs cruiser, "Sincerity", which had remained in Douglas harbour after conveying Bishop Wilson back to the Island some days previously, permitted one of these wherrys to pass into the harbour without interruption ; the other wherry happened to knock against the "Sincerity" in passing. This mishap caused harsh words to pass on both sides, and the Captain of the "Sincerity," Captain Dow, in his passion ordered a number of his men, who were armed, to board the wherry and seize her. On finding that there was no cargo on board, the customs men stripped the clothes of the wherry's crew and robbed a passenger of Twenty-Five Guineas. The customs men then returned to their own vessel, taking with them several members of the wherry's crew, the wherry itself being tied up alongside the cruiser. This outrageous act of piracy made a terrible disturbance in the Town, and the people of Douglas, sympathising with the unfortunate crew of the wherry, petitioned the Officials of Douglas to obtain their release. Captain Dow's intention, had been to set sail with his prisoners and prize to his home port of Whitehaven, when the tide was favourable.
But, meanwhile, a crowd had assembled themselves at the harbour, to be later described by Captain Dow as -
"to the Amount of Several Hundreds of Men, who under such pretended Orders did, in a riotous and tumultuous Manner, assemble themselves, armed with Fire-Arms, Swords, Bludgeons and Stones, and endeavoured by force to stop him from proceeding with the said Cruiser in pursuit."
When the Captain of Douglas, Paul Bridson, received the petition he went, as was his duty, to obtain the release of the prisoners; to serve a summons of arrest, taken out by the passenger against the captain of the customs vessel; and to ask this man to show cause and produce his auth- ority for committing such depredation. Although he was successful in his attempt to obtain the prisoners' release he was ill-used by the crew of the customs vessel and was not permitted to see Dow. The crowd, no doubt observing this treatment given to the Officer of the Town, by a bunch of interfering foreigners, became somewhat "riotous," particularly when they saw the customs cruiser attempting to escape justice, by putting to sea, and her crew discharging their blunderbusses at the departing crowd.
The Dutch dogger "The Hope," mentioned in the article, now enters the scene; bound for Douglas from Rotterdam, laden with a cargo of teas and brandies, The customs cruiser seeing this vessel enter the bay made to intercept her, but "The Hope" withdrew from the bay and made haste for Ramsey, the cruiser in pursuit. The Dutch vessel in her attempt to gain the safety of Ramsey harbour, had the misfortune to ground on a bank at the harbour entrance; the cruiser seizing the opportunity, boarded the stranded vessel.
During the intervening time, word had been sent to Ramsey, of the commotion which had occurred in Douglas, and instructions had been sent to the Captain of Ramsey, Captain Christian, to serve the summons on Captain Dow. As a consequence, Christain, accompanied by an armed escort, arrested the customs men who were now plundering the Dutch ship. The prisoners were all taken to Castletown; Captain Dow, two men and a boy being left to look after the safety of the customs vessel. The prisoners were not confined to the Castle but had the liberty of the town, on their own parole.
Some days later, Bishop Wilson, a great friend of the Customs Officials, wrote to the Deputy Governor to say that the customs vessel was in some danger, and asked if a few of her crew could be allowed to go to Ramsey and give some assistance. This request was immediately complied with and six men were permitted to go at once.
When the case was heard in court, the court were informed that the crew had acted on the instructions of their captain, and that the money taken was then on its way to the British Exchequer. In view of the fact that Captain Dow had not thought fit to attend the trial, and to show his authority that he was in fact a customs cruiser, the court were forced to the conclusion that the men were pirates, as the actions and all the evidence pointed in this direction. However, the court's decision was that if Dow returned the money, or was brought to trial by the British Authorities, action not without precedent, then the men would be released. This course of events did not take place, because Dow was determined to thwart the Insular authorities, as he was carrying out a private war against the Manx, and it is on record that all he wished to do was to carry out his threat of violence against the Island, and by such "meritorious" action received the commendation from his employers, the English Commissioners of Customs.
This incident, which has been fully related, shows clearly the type of act of aggression which was carried out by the British against the Manx and their partners, in free and legal trade, and is not an isolated case, as numerous examples could be given of similar occurences.
One such involved a Captain Fulham, who set sail from Douglas in his wherry, loaded with about £200 worth of teas and brandy, bound for Peel. Before setting sail he had obtained his cocket from the Manx customs. This cocket was a certificate from the customs house, which stated that the duty had been paid on the articles concerned. Because of the adverse weather conditions, the vessel could not sail round the Calf of Man, and so set sail back for Port St. Mary, to await more favourable winds. Captain Fulham had hardly secured his vessel, which now lay on dry ground there being then no real harbour facilities available, when the customs cutter from Drogheda in Ireland, arrived in the bay. This customs vessel; which had no legal right to interfere with any vessel in Manx waters, set her small boat ashore, with a number of armed men. These men immediately boarded the wherry, and with cocked pistols and drawn cutlasses, threatened Captain Fulham that the moment he spoke or offered the least opposition, they would instantly take away his life.
However, Fulham's crew ventured to tell the customs men that they were only bound coastwise for Peel. On hearing this, the small boat was sent back to the cruiser, four of the customs men staying on the wherry, with cocked blunderbusses. Presently the small boat returned with a Surveyor of Customs, who without more ado, ordered his men to take away the wherry's cargo, and with this, the customs vessel set sail for Ireland.
The sequel to this affair was, on representation to the Irish Courts being made by certain Manx Officials, the appearance of these Customs Officers before the Court, where the goods were ordered to be returned to their owners.
The Constitutional position of the Isle of Man in the year 1765 was involved and complicated, a position that has not improved with the passage of time. No attempt has been made here, to present a brief for any of the parties involved in the legal disputes which surrounded this question, as this would be outside the scope of this account, and has already been adequately commented on by Sir James Gell. Included in this chapter, are some of more important of the legal opinions given by eminent lawyers, prior to and after the passing of the Act, and also notes on some of the overtures made to the Lords of Man, from time to time, by the British Crown.
Perhaps the most important opinion was stated by Mr. Hargreaves in his "further Opinion of the Duke of Athol's Isle of Man Case ", which reads as follows :
"As to the sovereignty of the Isle of Man which the Act of 1765 wrested from the late Duke and his wife, the heiress of the body of James, Lord Stanley, the seventh Earl of Derby, and transferred to the crown of Great Britain, I do not in placing it first, follow the order of the estimate of Man the late Duke of Atholl, as I have already mentioned, gave into the Minister just before entering into the ruinous and degrading contract, on the nullity of which I am submitting my opinion. In that estimate the revenues from the Island were the first subject, The sovereignty was introduced secondarily. But I see this as a misplacement, at least in according with the superior grandeur of the sovereignty. In fact it was placing the incident before the principal. Such an arrangement is scarce to be accounted for. It seems as if despair, threats, and coercion had be numbed the late Duke and his advisers into the fear of asking for the price of DETHRONEMENT.
I may truly say, DETHRONEMENT; for the late Duke and his Duchess, till the Minister threatened and coerced them into a resignation, were in possession of a KINGDOM; one indeed dependent upon the crown of Great Britain; but yet one of very high consideration .................."
One other very important opinion regarding the powers of Her Majesty on Customs, was given in 1727 by Counsel, when the Commissioners of Customs in England, asked the opinion of Counsel "as to whether any Officer of the Customs having a proper Deputation from the Commissioners of the Customs in England can legally make a Seizure in the Isle of Man, and prosecute the Ship and Goods in that Island to Condemnation? "
Opinion :
"I am of the opinion that no Officer of the Customs can by virtue of any Deputation from the Commissioners of the Customs in Great Britain make a Seizure in the Isle of Man, because as I take it, their Commission does not extend to that Island"
In spite of this opinion, the customs persistantly partook in illegal actions, similar to that mentioned in the previous chapter, which involved Captain Dow. Of those customs officers sent to live on the Island, at least two are still remembered today, although perhaps not from their exploits as customs men. George Waldron for his History of the Isle of Man, a volume which is the source of many of the fairy tales, traditions and customs which are still revered today. Dr. Richard Betham, who was the first English Customs Officer to take charge of the Manx Customs, is perhaps better known because of his daughter Elizabeth who was married at Kirk Onchan on the 4th February 1781, to Captain William Bligh of Bounty fame. These Customs Officers were sent to the Island, to collect evidence and give information, respecting various Dutch and other East India vessels which frequented Manx Ports. Today such actions would be considered espionage, and the offenders would probably end up by being imprisoned.
The actual chronological order of events, which culminated in the Act of Revestment, start back in 1683, when it was suggested by certain Senior British Customs Officials that Commissioners for Customs should "farm the Customs of that Island and manage them by their own officers ". Had these negotiations not broken down, it was more than likely that the whole affair would have ended here, however this was not to be, and the next event that occurred was a "proposal made in Parliament to assimilate the fiscal laws of Man to those of Great Britain." This happened soon after the Union with Scotland in 1707, and in 1711, a Manx deputation was sent to London to resist this proposal, and at the same time to try and obtain the free entry into Great Britain of goods that were of Manx origin. The Insular Act of 1711, was the result of. this get together and styled an "Act for preventing Fraud in Her Majesty's Customs, by the Exportation of foreign Goods from this Island." It was a serious attempt by the Manx authorities to settle the differences between the two countries, and was only passed in the Island, because it was understood that the deputation sent by the Keys to London, had entered a Treaty with the Commissioners of Customs in England. It was thought that the Lords Commissioners of Her Majesty"s Treasury, had empowered the Commissioners of Customs, to enter into a treaty which forbade foreign goods from being shipped from Man to Great Britain, unless English duty had been paid on them; and in return Great Britain would permit the import, duty free, of Manx cattle and goods of the produce and manufacture of the Isle. Again it can be seen, that if the terms of this treaty had been complied with, there would have been no necessity to sell the Island. The Manx honoured the treaty by passing the Act of 1711, the effects of which were immediately felt on Manx trade, However, Parliament failed to take into consideration the feelings of the Manx people or indeed their rights; an action which can only be condemned by true lovers of freedom, justice and democracy. In England, such niceties could not have been considered desirable, for it was thought that the only effectual cure for the injuries complained of, would be the revesting of the Island in the Crown. To this end, the next event in the chronological sequence is aimed. :
In 1727, the Treasury were given the power by an Act of Parliament to contract for the purchase of the rights of the Lordship of Man. The first overtures by the Treasury, made to Earl James Stanley, Lord of Man, met with an outright refusal to have any such negotiations. 1736, however, saw the negotiations reopened, with the new Lord of Man, James the 2nd, Duke of Atholl. James was not so forthright as his predecessor, perhaps this was because of the influences brought to bear on him, by the Customs Officers resident on the Island or perhaps because of his own inclinations; for he was not long in possession of his Lordship, when he began to make arrangements for the transfer of various properties which he held, for the purpose of effecting a sale to the crown, which would no doubt benefit the Murray family.
Immediately after the Duchess Charlotte had ascended to the title, the Treasury renewed the negotiations for the purchase of the sovereign rights in the Island. In their letter of the 25th July, 1764 to the. Duke of Atholl, they offered to treat with him, and received from him a proposal specifying what rights and property he was prepared to sell, and the value he placed on them. The letter continued, "that we may know whether the terms are in all respects such as we, who are trustees for the public, can admit. But if your Grace is not inclined to enter into a treaty with us upon the subject, we beg to be informed of it, that we may then pursue such other methods as we shall think our duty to the public requires of us".
Before the Duke had the opportunity of replying to this letter, an Order in Council was issued on the 17th August that is barely three weeks after the date of the letter. This Order was issued, for stationing cutters and cruisers in the harbours and on the coasts of the Island; any enforcement of this order would have been an illegal aggression of the sovereign rights of the Duchess Charlotte, as insular jurisdiction had been so far respected by the English Government, to the extent of three leagues from the Manx coasts. There can be no doubt that the Order in Council was issued for the prime purpose of coercing the Duke to settle.
On the 25th August 1764, the Duke replied to the Treasury in such terms, that indicated that he declined making a specific proposition, on the grounds that it was impossible for him to fix an adequate price, being only in possession of the Island for a few months. However, he stated that he was ready to receive a proposal from their Lordships.
The Treasury addressed a second communication to the Duke on the 12th September, in which they asked for full information as to the value of every branch of revenue in the Island. Again the Duke did not receive adequate time to reply to this letter, and while he was still collecting together the required information, a third letter was sent by the Treasury, in which it was stated that the British Government now declined to go any further into a treaty, as their intentions could best be served by an Act of Parliament. Here the negotiations rested until 21st January, 1765, when the Right Hon. George Grenville, First Lord of the Treasury and Chancellor of the Exchequer, introduced into the House of Commons a Bill styled "An Act for more effectually preventing the mischiefs arising to the revenue and commerce of Great Britain and Ireland from the illicit and clandestine trade to and from the Isle of Man". This was the infamous "Mischief Act" which did not in fact appear on the British Statute Book until after the Revesting Act. Had this "Mischief Act" come into force in January, and the provisions operated, it would have meant that the British Customs would have been empowered to search and seize vessels and goods, and had the powers of arrest in Manx waters and on the Island itself, for trial in English Courts, It is difficult to understand to-day, how any responsible government could have hoped to enforce a law of this type, over a territory which it did not control, except by the use of force or perhaps military occupation. .
The only thing that might have delayed the introduction of this "Mischief Act," was a petition presented by the Duke of Athol on the 13th February 1765, to the House of Commons. Almost one week later, on the 19th February 1765, the Duke received an intimation from the Treasury, that possibly a treaty for the purchase of his rights might be entered into; but the Treasury did not on that account refrain from proceeding with the "Mischief Bill? There can be no doubt that this Bill was made use of, to compel the Duke to comply with the wishes of the British Government.
On the 27th February 1765, the Duke and Duchess formally proposed to surrender the Isle, and all rights, jurisdictions, and interests therein, (but reserved their landed property, manorial rights, and the patronage of the bishopric and of the ecclesiastical benefices), for the sum of £70,000. This proposal was accepted by the Treasury, and a contract effected on the 7th March 1765. The Revesting Act was the necessary Legislative Act for carrying this contract into execution, and the £70,000 was in fact paid into the Bank of England on the 17th May, 1765.
The haste with which the Revesting and Mischief Bills were dealt with, is evident from the dates of the various stages in their progress :
The Mischief Bill was :
First introduced into the House of Commons on the 21st January, 1765.
In Committee the 28th February, 1765.
Report of Committee received 7th March, 1765.
Report received and Bill ordered to be engrossed 19th March, 1765.
Passed and ordered to the Lords, 1st May, 1765.
Received Royal Assent on the 15th May, 1765.
The Revesting Bill was
First read in the House of Commons on the 23rd April, 1765.
Read a second time 24th April, 1765.
In Committee 25th April, 1765.
Reported by the Committee 26th April, 1765.
Passed 30th April, 1765.
In the House of Lords it was read for the first time on 1st May, 1765
Read the second time on 2nd May, 1765.
In Committee and reported to the House on 6th May, 1765.
Read the third time and passed 7th May, 1765.
On the 10th May 1765, it received the Royal Assent by Commission.
It will be observed that the Revesting Bill, from being first introduced in the House of Commons, till it received the Royal Assent, took only 18 days to go through the legislative process; speed which can only be equalled today in time of national emergency.
During the whole course of the final negotiations, the views of Tynwald were not sought, nor were they given an opportunity to put their case. As the Duke of Atholl held his position in trust, officially and not personally, it is clear that his action, and that of the British Government is open to question. Had they the moral right to enter into a treaty, whicl affected the rights and privileges of Manxmen, without the representatives in Tynwald being consulted, or notified at least of such a treaty?
When the news came that the Revesting Bill was before Parliament, the Keys at a meeting at Castletown on the 21st March 1765; appointed a deputation to go immediately to London, to solicit and attend this business, and to endeavour to preserve the interest and constitutional rights of the people of this Isle, as much as in them lies, as also to procure such just and reasonable terms for the good of the community and welfare of this Isle as can possibly be obtained". All that this deputation was able to do, was to obtain the entry into Great Britain and Ireland, duty free of the goods which were produced and manufactured in the Island.
The effect of the Revesting Act on the Manx Constitution is most clearly summed up by Sir James Gell in Sherwood's Land Tenures p.150 as "the rule of the feudatory sovereigns ceased, and the directed rule of the sovereigns of England commenced; the sovereign rights of the feudatory sovereign merged in those of the Sovereign paramount; but otherwise no change took place in the government of the Island as a separate Kingdom."
The uncommon haste with which the Act of Revestment was pushed through the legislative processes, haste that is almost without parallel, did nothing to relieve the doubts and forebodings felt by most Manxmen, who had been assured from time to time by the Duke that no sale would take place. Despite an appeal to the House of Commons requesting lenient treatment, the Island population was to see their worst fears realised.
On the 11th July 1765, the following ceremony took place, which was to proclaim to the Manx nation that the battle was over. At eleven o'clock in the morning at the Market Square, Castletown, the Attorney General, in the presence of the Governor, the Deemsters and Members of Tynwald, read the Orders in Council and the Royal Proclamation to the crowd. The colours of the Island were then struck, and the English ones hoisted in their place. After the oaths of office were taken by the various officials, the Duke and Duchess formally surrendered the Island to the English Crown, by handing over the Sword of State, Public Seal and other Regalia, together with the castles at Castletown and Peel. A speech was then delivered by the Governor-in-Chief and Captain, John Wood Esq., which stated:
"Gentlemen: I need not engage your time with recounting the many incidents that have brought about this Revolution amongst you; let it suffice to say that you are now become the immediate care of a Prince as distinguished for his goodness as renowned for his power; a Prince who is pleased to take you into his royal protection, that you may participate with the rest of his subjects the advantages of his love, and that he may communicate to you the blessings of his mild and paternal government. To this end I have his Majesty's instructions to tell you, that every encouragement shall be given to the fair and open trader; he will hear your complaints, he will listen to your grievances and relieve your wants; ardently desirous to promote your happiness in common with all his subjects.
Permit me, gentlemen, to exhort you no longer to look back on a trade, confined, hazardous, uncertain as it has been, but direct your views to the pleasing prospect before you " the substantial advantages that flow from an honest and virtuous industry. You see, gentlemen, and you already feel the good effects of his Majesty's royal inclinations towards you. He has sent you troops, not to oppress, but to protect you in your properties, and to circulate their money amongst you; and it is his Majesty's earnest desire that the most friendly intercourse may subsist and a constant harmony be preserved between his soldiery and the inhabitants of this Isle. Gentlemen, when you reflect seriously on the real benefits you will derive from his majesty's constant attention to your welfare: " when you see that all he does is calculated for your interest and good, you will, I doubt not, by every dutiful and thankful return, express your gratitude and testify your obedience " and give me leave, gentlemen, to assure you that nothing shall be wanting on my part that may conduce to the great end of making you a happy, a flourishing and a prosperous people. And now gentiemen, I must address myself to you particularly that are in office under his Majesty, and signify to you, that it is his royal will that you demean yourselves in your several capacities civil, judicial, and military in an uniform and steady exercise of your duties, with a constant attention to the laws of Great Britain as they respect this Island and its dependencies; and that you regard most especially the rights and prerogatives of the Crown, and preserve the same in their due and legal extent; ever watchful to protect the people and secure to them the peaceable enjoyment of all their just and lawful privileges." .
The Governor, having finished his speech, the procession returned in the same order to the Governor's house, where the chief officers, principal magistrates, the commander of the forces, and several other officers and gentlemen of distinction, were entertained at dinner, and a hogshead of beer was given by the Governor to the troops to "drink his Majesty's health." .The evening was concluded with "bonfires, illuminations and other "demonstrations of joy." The expectations expressed in the speech, concerning the welfare of the people were not realised; what was to follow was a period of intimidation, brutality and broken promises.
The merchants and manufacturers of the Island were the first to feel the hardships caused by the restrictions of the Act. Then agriculture was to suffer a temporary collapse, followed by a general high rise in the cost of living, and a drop in the social conditions of the Manx people. Due to the secrecy surrounding the negotiations for the sale of the Island, the merchants of the Island were to be caught with large stocks of merchandise in their stores in July 1765. The promised six months armistice for merchants to dispose of their goods was never implemented. These goods, now considered contraband, were to be the cause of much trouble to these merchants, who unable to get them off the Island, were forced to cache them in out of the way spots. These hiding places were then to be either looted, or their locations sold to the Authorities by informers. Armed bands roamed the countryside, stealing from the looters or entering houses in the search for teas, tobaccos and other goods, and causing terror to the inhabitants. Other merchants were to dispose of their goods at much below their value, and flee the Island. The price of property was to fall, houses being sold to any purchaser for what they would fetch. The manufacturers were to be hampered by restrictions from exporting to Great Britain, only herrings and linen were given a bounty classification. "This was to result in the temporary collapse in the agricultural industry, which was to lead to the departure of about 1,000 people from the Island.
A licence system was introduced for the importation of such goods as teas, spirits, tobaccos, sugar and coffee. These licences which were issued by the Board of Customs in London, were to be obtained by English merchants using fictitious names, who having created a monopoly, were to hold the Manx population to ransom, with inferior goods, until 1792. Paradoxically during this period, there was in fact a profitable trade in smuggling, and for the first time a large proportion of the Manx population was involved.
Any monies in hand in the Manx Exchequer in any year, were not used for public works or for the general benefaction of the Manx people, but were to be paid into the English Treasury for the desposition of Parliament. "The result of this was the decay of all public works and building, the worst for the Manx to bear being the ruinous state of the harbours. "The extent to which this decay reached can be best illustrated by the following report, which has also appeared in David Craine's " Mannanans Isle," p.38 :
"In 1786, two Castletown men broke into a warehouse and stole £25. They were sentenced to death but recommended to mercy, and their punishment reduced to transportation for seven years. Owing to the failure of Whitehall to make the necessary financial adjustments at the Revestment in 1765, there was no money in the public funds to pay for their journey to the Thames hulks, and they had to be kept in Castle Rushen. The fate of the prisoners was finally settled by allowing them to abjure the Island."
In 1791, Governor Shaw was to report that the necessaries of life had doubled in price in 15 years, and many accounts of these times comment on the poverty and low social conditions suffered by the Manx people. These hard times were to last many years until the tourist industry was to grow up in the mid-1800's.
One of the most vexing effects of the "Mischief Act" was that Parliament assumed, for the first time, the power to impose taxes on the Manx people. It is clear that the right to tax the Manx could not have been acquired by the purchase of the Island, as the Duke who sold the Island, had no power to impose customs duties or to legislate, without the consent of the Tynwald Court.
It is interesting in conclusion, to view a similar situation that arose at approximately the same time, and for more or less the same reason. However, the result this time was to be different; the Boston Tea Party, the War of Independence, and the loss to Great Britain of the American Colonies.
Let us leave the last word with a quote from one of the greatest orators, Edmund Burke, who said in Parliament, that:
"the American Revenue Act is the forty-fifth chapter in the Statute Book of 1767; the forty-fourth is an Act for raising Revenue in the Isle of Man. They are both to the same purpose, both taxing out of the Kingdom, and both taxing English manufactures exported. Now will the noble Lord (Grenville) condescend to tell me why he repealed the taxes on manufactures sent out to America and not the taxes on manufactures exported to the Isle of Man? Why, not with standing all his childish pretexts, because the taxes were quietly submitted to in the Isle of Man, and because they raised a flame in America."
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