Leith] CAPTAIN PALLISER?S CONTUMACY. 277
to-morrow ; the sailors belonging to the said ships
are to repair on board, under penalty of loss of
wages and imprisonment as deserters. Thir presents
to be published by tuck of drumme through
Leith, that none may pretend ignorance. (? WALTER SCOTTE, B.?
In 1752 the vessels of Leith amounted to sixtyeight,
with a tonnage of 6,935; and two years subsequently
we find an attempt upon the part of a
captain in the royal navy there to defy the Scottish
Court of Admiralty in the roads and harbour.
Captain (aflerwards Sir Hugh) Palliser, when
captain of H.M.S. Seahorse, in consequence of a
petition presented to the Judge of the High Court
of Admiralty, 20th March, 1754, by Thomas ROSS,
master, and Murdoch Campbell, owner of the
Scottish ship CumberZand, of Thurso, was served
with a notice to deliver up James Cormick, apprentice
to the former, whom he had taken on board
as a seaman.
Accordingly, by order of the judge, the macers
of court, messengers-at-arms, and other officials,
repaired on board the Seahorse, at the anchorage in
Leith, to bring off James Cormick; ?and the said
Captain Hugh Palliser, and the other officers and
sailors on board the said shipof-war Seahorre,? ran
the warrant, ?are hereby ordered to be assisting?
in putting it into execution, at their highest peril.
(? All others, shipmasters, sailors, and others his
Majesty?s .subjects,? were ordered to assist also, at
their utmost peril.
James Lindsay, Admiralty macer, served this
notice upon Captain Palliser, who foolishly and
haughtily replied that he was subject to the laws
of England only, and would not send Cormick
ashore. (? Upon which,? as the execution given
into court bears, ?( I (James Lindsay) declared he
had contemned the law, was guilty of a deforcement,
and that he should be liable accordingly, having
my blazon on my breast, and broke my wand of
peace.??
On this, a warrant was issued to apprehend the
commander of the Seahorse, and commit him to
the next sure prison (i.e. the Tolbooth of Leith), but
the captain having gone to Edinburgh, on the 26th
of March he was seized and placed in the Heart of
Midlothian, and brought before the High Court of
Admiralt), next day.
? There he denied that its jurisdiction extended
over a king?s ship, or over himself personally, or any
man in the Seahorse, especially an enlisted sailor ;
and maintained that the court, by attempting to do
so, assumed a right competent to the Lords of the
Admiralty alone ; ?( and by your imprisoning me,?
he added, (( for not delivering up one of the king?s
sailors, you have suspended my commission from
the Lord High Admiral, and disabled me from
executing the orders with which I am charged as
commander of one of the king?s ships.?
This only led to the re-commitment of the contumacious
captain, till he (?found caution to obtemper
(sic) the Judge Admiral?s warrant, in case it should
be found by the Lords that he ought to do so.?
He was imprisoned for six weeks, until the apprentice
was put on shore. On this matter, Lord
Hardwicke, who was then Lord Chancellor, remarked
that the Scottiah Admiralty judge was a
bold one, ?but that what he had done was
right.?
Captain Palliser, on his return to England,
threatened to make the frauds on the revenue a
matter for Parliamentary investigation, if not attended
to, And the ministry then enftrced the duties
upon claret, which, before this time, had been
drunk commonly even by Scottish artisans.
This officer afterwards behaved with great bravery
at Newfoundland, in 1764 ; and on attaining the
rank of Admiral of the White, was created a
baronet, and died governor of Greenwich Hospital
in 1796.
In 1763 the shore dues at Leith had increased to
A580. The Scots? Magazine for December, 1769,
states that, ?take one year with another, about
1,700 vessels are cleared out and in yearly at Leith.
Some days ago an acute merchant took a serious
view of the shipping in the harbour of Leith, and
reckoned upon a calculation that there would be
between 30,000 and 35,000 tonnage at one and the
same time mooring there.? This seems barely
probable.
In 17 7 I we meet with an indication of free trade,
when the Court of Session, upon the application
of the merchants of Edinburgh, ordered the port
of Leith, and all other Scottish ports, to be open
for the free importation of grain of all kinds.
Arnot states that in the year ending January
sth, 1778, there were, in Leith, 52 foreign ships,
6,800 tons, and 428 men ; 44 coasting and fishing
ships, 3,346 tons, and 281 men. Five years sub.
sequently, the shore dues were f;4,ooo; but in
that year there was only one vessel trading with
St. Petersburg. She made but one voyage yearly,
and never carried tallow if any other freight could
be obtained Now the sailing vessels make three
voyages to the same port annually.
In 1791 there was a proposal to form a jointstock
company, to cut a canal from Leith to the
middle ward of Lanarkshire.
The tonnage in 1792 had increased to 18,468.
In the same year, when those Radicals who
