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In defence of Captain William Bligh

I have no burning desire to return to the court-room nor to become Bligh’s defence counsel, but the rekindling of interest in the man leads me to question some of the comments recently posted on FB by my friend, Marg Muir. Bligh is one of those ‘misunderstood’ and poorly portrayed characters. Politically naive and given to a particularly ‘salty’ if not outright vulgar style of language (he had spent a few years ‘before the mast’) none of the films from Hollywood have got him quite right. Although I personally enjoyed them all, I particularly enjoyed Hopkins’ portrayal, for no better reason than I enjoy everything Hopkins does. And he was a very good Bligh. Gibson, well, I’m not permitted an opinion within earshot of ‘she who must be obeyed’!

Many trees have been sacrificed in discoursing on Bligh, and I see there are a couple of new ones that will find their way to my library ‘ere long. Of the three major episodes of ‘mutiny’ or rebellion involving WB, the following warrant further thought:

HMS Bounty: The Admiralty got that wrong. WB was the only commissioned officer. Another lieutenant and a couple of tough marines might have prevented the subsequent mutiny – and deprived history and Hollywood of a rattling good yarn. Christian was a friend who betrayed trust and was probably over-promoted. Even pre-Bounty, he had a reputation for enjoying ladies’ favours. On taking command of Bounty, WB divided the crew into three watches instead of two. The implications of that are fairly obvious; the men work four hours on and eight off. That was humane and unusual management.

Purcell, the chippie, was insubordinate from the start. WB was lenient with him, to his later cost. He could have hanged that man, or had him flogged. In fact, he ordered only seven floggings in sixteen months. Fewer that Nelson and fewer even than Cook. Remember too, that Cook personally selected WB for his third voyage. In the languid and licentious conditions of Tahiti, he effectively gave the crew six months’ shore leave. He could have gone exploring and charting. Peter Hayward, mate of the watch, was disrated for sleeping and three deserters were flogged. Christian didn’t have a warm and fuzzy relationship with the King’s daughter. He spread himself about quite generously, in fact. And such behaviour was considered quite acceptable in that Pacific paradise. WB tolerated it, which tends to dispel the suggestion that WB and FC had a homosexual relationship, which turned sour.

As well as Bounty’s log and WB’s journal, there are other primary sources which defence counsel would adduce in evidence to assist the maligned skipper. And that from a mutineer; boatswain’s mate Morrison. It was recovered and agrees with Bligh in every particular.   Morrison’s journal was re-written with inventions, publication being halted by Sir Joseph Banks, who many years later recommended WB for appointment as Governor of NSW. More of that later, but Joe Banks was no fool. It was re-written to suit the trial of the mutineers, but by the time of their trial WB was back at sea and unable to challenge the more inventive allegations made against him. There is no recording there of excessive floggings, cruelty or unjust punishment by WB. Nor is there in the journal of mutineer Peter Heywood. Nor in the notes within John Adams’ bible later recovered from Pitcairn.

Surgeon Duggan, he who drank himself to death, kept notes of the patients treated for VD (now of course STD’s) and those treated included Christian and Heywood. Not Bligh. He might not have attended Dale Carnegie’s Management Development Program, was not a graduate of Harvard Business School. He had a temper, and a choice of language to make the Devil blush, but he remained celibate. That might be thought unusual in a sailor in the late 18th century – or even today.

The films all deal with the coconut episode. Someone in Christian’s watch stole WB’s nuts. View that in context of life in the Navy. This was not trivia; this was theft and that was a big ‘no-no’. The men of the RN punished their own for that. It was a criminal offence. What did Bligh do? He described Christian as a ‘damned hound’ and the men of his watch ‘scoundrels’. He flogged none. Hardly the stuff of mutiny. To make amends, Bligh invited Christian to dine with him that evening. He was snubbed and Christian – his friend and next in command – got drunk. The mutiny involved less than 50% of the crew. The others remained loyal. Is this indicative of a monster? Is this evidence of a captain despised by his entire crew? Or is it evidence of a disaffected crew, who were unprofessional, sometimes lazy, incompetent, disobedient, and wanted only to return to the joys of the 18-30 Club Pacifica lifestyle they had so recently enjoyed?

On return to England WB endured a court martial. Every commanding officer must if he ‘loses’ the ship he is responsible for. That is automatic in the Royal Navy and WB had waited a long time for his. The result? He was ‘honourably acquitted’, returned to duty, and promoted. This in spite of an orchestrated campaign to blacken his character and reputation by the families of Christian and Heywood, which included specifically a pamphlet, the minutes of the court martial of William Muspratt, a tailor and seaman who, I was surprised to learn, was able to engage learned counsel for his defence – who paid for that?  The minutes contained an ‘appendix’ written by Fletcher’s ‘big brother’, Eddie Christian, a Cambridge law professor, who knew a good deal of crime but little of the sea and ships, which has formed the basis for much of what Hollywood has given the world and which has proved enduring, for WB and his reputation.

HMS Warrior: More evidence here of his temper, intolerance of incompetence, perceived or real, and his strong language. The board dismissed Bligh’s charge against one of his lieutenants of neglect of duty, and he then had to face a second court martial by reason of that officer’s allegations of insulting language and ill-treatment; he was accused of ‘unofficer-like behaviour’. He probably called the foppish young man, ‘a rascal, a knave, a jackass’ or something equally scathing.  A lieutenant charged with such by his captain and facing a certain involuntary career change would have strong motive for countering with such allegations. The charges were found ‘part-proved’ and Bligh was reprimanded, while the court giggled behind their collective hands. Hardly the punishment of a cruel, tyrannical bully.  By then he had distinguished himself at Camperdown and Copenhagen, singled out for particular approbation by no less an officer than Nelson. Not one always given to lavishing praise on junior officers – unless supportive of his own performance. That cannot support the contention that their lordships at The Admiralty wanted to keep him off a quarter-deck. When in command of HMS Director during the mutinies of 1797, WB stood by his crew and was later commended by both sides of the ‘industrial dispute’ for his handling of the situation. Perhaps he was maturing. Perhaps not.

Sydney: effectively Bligh’s last command and given because he was seen as a ‘hard man’, and the scene of one of his more famous battles. For over twenty years, the NSW Corps had pretty well had the run of the place. A corrupt, self-serving bunch of officers and NCO’s who had created a very profitable business, a private fiefdom if you will, called Sydney Town, the major currency of which was rum. Not the only one; these clever chaps traded in various commodities with the skill of a rogue trader at Barings Bank.

Bligh’s mission from The Admiralty, and he hesitated accepting it for some time – was to put an end to the racketeering. Yes, he quickly demonstrated how efficient farming could be made profitable, by acquiring several grants of land, some 1,350 acres in total (I’ve never felt comfortable in dealing with hectares) and set about reforming the colony.  A charge of hypocrisy could reasonably be leveled against him, but he was never charged with that.  Inevitably his manner led him into conflict with the rich and influential citizens and officers of the town. Those reforms were proper and necessary, and Bligh was probably not best-suited to bring them into being. But he well knew what he would be taking on and advised the Colonial Office that his reforms would be ‘resisted’. No less a person than Bob Stewart, aka Viscount Castlereagh – and a very capable politician – authorised and instructed him to proceed.

The objective was to counter the power and influence of the monopolistic Major Johnston, John Macarthur and their ‘associates’.  Some years of confrontation, litigation and conflict inevitably ensued, with WB typically adopting the moral high ground, dismissing from sinecures the friends and associates of Macarthur, Johnston et al. The former, owning half of the colony, and with a mind to acquire the remainder, was never going to sit back quietly and enjoy a tipple while gazing peacefully at his sheep. Although he certainly enjoyed a tipple – he was probably Australia’s first drunk driver – and fond of dueling and not above a bit of blackmail, or destroying critical evidence; he was never a compliant, submissive chap. Indeed, he could be described as a successful entrepreneur, becoming the founder of Australia’s incredible wool and lamb industries.

The ‘Rum Rebellion’ – the phrase coined by a teetotal Quaker, by the name of Howitt – has stuck. In reality it was another mutiny. The overthrow of lawful authority by vindictive vested interest and it resulted in Bligh’s eventual demise. Johnston was cashiered and kicked out of the regiment; Macarthur resigned his commission to avoid a posting to Norfolk Island – now a sought-after vacation destination but not viewed in that way at the time.

The image of Bligh hiding under his bed at the time of his unlawful arrest is almost certainly a fiction, drawn within hours of the event, possibly by Captain Thomas Laycock or at his direction; propaganda directed at depicting Bligh as a coward. He had many faults but cowardice was not one of them. That much we know as fact. 

My submission therefore, is that William Bligh was not the cruel monster portrayed in a succession of films. He was ‘misunderstood’ because he never really understood or indeed had never acquired what we now call management skills. History should not place him in the dock; the chap who was responsible for doing so, in my submission, was Edward Christian, of Downing College, Cambridge.

But then history is a wonderful thing.

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The French Wars

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“The French Wars”

The boats of Newhaven and Folkestone and Dover

To Dieppe and Boulogne and to Calais cross over;

And in each of those runs there is not a square yard

Where the English and French haven’t fought and fought hard!

If the ships that were sunk could be floated once more,

They’d stretch like a raft from the shore to the shore,

And we’d see, as we crossed, every pattern and plan

Of ship that was built since sea-fighting began.

There’d be biremes and brigantines, cutters and sloops,

Cogs, carracks and galleons with gay gilded poops–

Hoys, caravels, ketches, corvettes and the rest,

As thick as regattas, from Ramsgate to Brest.

But the galleys of Caesar, the squadrons of Sluys,

And Nelson’s crack frigates are hid from our eyes,

Where the high Seventy-fours of Napoleon’s days

Lie down with Deal luggers and French chasse-marees.

They’ll answer no signal–they rest on the ooze,

With their honey-combed guns and their skeleton crews–

And racing above them, through sunshine or gale,

The Cross-Channel packets come in with the Mail.

Then the poor sea-sick passengers, English and French,

Must open their trunks on the Custom-house bench,

While the officers rummage for smuggled cigars

And nobody thinks of our blood-thirsty wars!

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The Next Big Thing

The trouble with a busy professional life is that one is sadly lacking… in time that is. Time to keep up with personal correspondence, messages, hobbies, interests. Many weeks have passed since I was ‘tagged’ as one of five by the superbly talented M M Bennetts, author of May 1812 and Of Honest Fame. I stumbled on a message left informing me of the request.

M M Bennetts is a rare historian; highly knowledgeable of the Napoleonic period and its key people, but also a sublime writer of historical fiction. I commend her to anyone with even the slightest interest in history.  For many years a book critic she now is an accomplished author and you may learn more by visiting her site at:

http://mmbennetts.wordpress.com

Now I find that a good friend, Loretta Proctor, has also ‘tagged’ me to do so. Loretta Proctor was born in Cairo, Egypt to an English father and Greek mother. She won prizes in the 1970’s for essays and plays, wrote specialised articles, studied psychology and worked as a counsellor. Now retired to Malvern, Worcestershire, she delights in story telling and is pleased to be a distant relation of Elizabeth Barrett-Browning. Loretta is a successful author with a variety of books to her credit, all of which are very highly recommended. Loretta’s blog site is:

http://booksandotherthings.blogspot.co.uk

Her books may be viewed (and purchased!) at these sites:

http://www.amazon.co.uk/The-Long-Shadow-ebook/dp/B008M7JPBS

http://www.amazon.co.uk/Middle-Watch-ebook/dp/B007FQ2FHI

http://www.amazon.co.uk/The-Crimson-Bed-ebook/dp/B003JBI0XQ

As I started writing this blog, a third request arrived, from the lovely Margaret Skea.

Margaret Skea grew up in Ulster at the height of the ‘Troubles’, but now lives with her husband in the Scottish Borders.

An interest in Scotland’s turbulent history, and in particular the 16th century, combined with PhD research into the Ulster-Scots vernacular, led to the writing of Turn of the Tide. which was the Historical Fiction Winner in the 2011 Harper Collins / Alan Titchmarsh People’s Novelist Competition. You may learn more of her book, The Turn of The Tide, by visiting her site at:

http://margaretskea.com

Not one who has the luxury of time to blog, I was motivated to do so because of the sheer excitement I feel over my current work in progress. Without further ado or procrastination, I proffer the following thoughts.

What is the title?

The easy one first. I like that. Glorious First.

My first foray into authorship is entitled First Fleet. An eponymous title. But then, some years ago, I decided that any future works would, so far as it is possible, incorporate the word First into the title. An insight into my daft line of thinking perhaps, but in a way, symbolic of the Royal Marines, in which my main protagonist serves as a subaltern. So, the current mss is entitled Glorious FirstIt encapsulates the spirit of the elite corps and also, of greater import, the name given by Britain to the first major fleet action of the Revolutionary War with France.

Where did the idea come from?

Somewhere in the backyard of my brain!

Amongst aficionados of the genre (see next question) the major sea battles of the period are very familiar. The Glorious First of June is seen as a complex one; both sides claimed victory, both were entitled to do so, in my view. It was not a single action, but the final, decisive meeting between the two fleets took place on (Sunday) First of June 1794. It has been the subject of several non-fiction works, most recently by the superb Sam Willis. It also has the reputation of being the most bloody of the major engagements in a series of bloody battles, where ships and men were slaughtered and mutilated. Not that I am an addict of gore, you understand; but many readers are. And I really wanted to have a stab (apologies for any pun) at narrating a really good battle scene or scenes, as may turn out to be the case. Or not. Julian Stockwin and Bernard Cornwell are rightly lauded for their descriptions of battles, which many readers – and I’m one – thoroughly enjoy. So, how hard can it be? Well, as it transpires, it’s bloody. By which I mean it’s a challenge to create the scenes, the dialogue, the atmosphere and the impact of such battles.

Under what genre does your book fall?

The easy answer is Historical Fiction. But in a way, that doesn’t say it all. I like to tell a story that not only engages a reader but offers an opportunity to learn something of a fantastic era of history in an accessible manner. But there is a romantic thread as well. Not too much, because I want this work to be more brutal and savage and visceral. I hope.

What actors would you choose to play your characters in a movie rendition?

Not easy, this one. I do enjoy movies but see so few that I am not sufficiently familiar with the younger, up-and-coming actors/actresses. And as my principal characters are in the early 20′s, that would require further thought. Besides which, I am not a casting director; possibly the following:

Jack Vizzard:

Henry Cavill. He has the physical looks that resemble my own image of Lieutenant Jack Vizzard and is of much the same age.

His work in The Tudors (sorry, but yuch!) was praised as displaying, ‘charm, depth and a killer bod!’. I would welcome an actor who could bring charm and depth to the character, but I also want a killer! For the ladies, his body would have to be ‘acceptable’ I suppose.Henry Cavill

Mary Vizzard:

A particularly difficult one. Possibly someone like Clair Foy or Dakota Richards?  I am open to suggestions from casting directors, producers etc.

Claire Foy

Dakota Richards

John Richards Laponetière:

In 1805, he was the officer who brought to England the news of Trafalgar and the death of Nelson. A Devonian sailor inclined, at least in later life, to stoutish stature,

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I would like to see an actor such as Eddie Redmayne. He has the moodiness I would like to give the character.

 

Sergeant Joe Packer: my ‘hard man’. Someone of the ilk of Joseph Gilgun; he also has the advantage of sharing the first name of Sergeant Joe.

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What is the one-sentence synopsis of your book?

The first major fleet battle of the Revolutionary War and the first major action aboard ship for Jack Vizzard.

Will your book be self-published or represented by an agency? 

I would be delighted to be represented by an agency or to have the support of a publisher, but like First Fleet, it will be self-published.

How long did it take you to write the first draft of the manuscript?

It came as a surprise to me that I first started this in 2006! Alas, it remains a work in progress. With a fair wind and a deal of research yet to complete, I hope to have the work ready for publication in the summer of 2013.

What other books would you compare this story to within your genre? 

So many and at the same time, none. There are a growing number of writers of historic naval fiction and one hesitates to compare oneself to any of them. I leave that to readers to decide.

Who or what inspired you to write this book?

The realisation, many years ago, that I was fascinated by the period and the particular skills and responsibilities of British officers and seamen of the time. I was captivated by their sense of duty and honour. As a young man my nights were spent devouring the stories of Horatio Hornblower, Richard Bolitho,  the biographies of Nelson, Collingwood and Cochrane and not least, the works of Patrick O’Brien.

What else about the book might pique the reader’s interest?

I hope the characters are engaging to any fan of the genre; many are fictional but several lived and fought and died in the conflicts of 1793-1815. It interests me, for one, because close study reveals a number of myths that have been exposed, particularly by Sam Willis. The battle was ‘Glorified’ in Britain, probably because of the need for evidence of victory or superiority over the old enemy France, and in particular the leaders of the Revolution, at a time of economic depression and political change.  Common knowledge would have us believe that the French were out-gunned, out-led, out-sailed and out-fought by the jolly British tars. Only they weren’t. Not entirely. The French admiral, Villaret du Joyuese, had instructions from Paris to protect the grain convoy from America, ‘at all costs’. He was in no doubt that his own head was ‘on the block’. He was to avoid a major battle, which he nearly did. Given the inexperience of his officers and crews, the deficiencies of his ships and the zeal of the British fleet under Richard, Earl Howe, Villaret managed his mission; he ensured the survival and safe arrival of the grain convoy he was charged to protect. He engaged the British fleet only when he had ensured the safety of the convoy. In true Jacobin fashion, on return to Brest, many of his officers and men were imprisoned.

I am delighted that the wonderful Joan Druett will pick up the baton and continue the ‘hop’. Joan is an award-winning writer of maritime history, with an emphasis on the Pacific and Polynesia and is a distinguished novelist. Her fascinating life journey and details of her many works may be appreciated by visiting Joan’s site at:

http://www.joan.druett.gen.nz/bio.htm

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A Lucky Country. Or a Lucky People?

As today is Australia Day, I thought it apposite to blow the cobwebs from my blog and scratch a few words about the folk of the First Fleet. The cynics amongst you might well think it’s a timely plug for the book. And you would be right!

The First Fleeters is the term given to those (approximate) 1,373 men, women and children who sailed on the eleven ships of the first fleet from Portsmouth on 13 May 1787 to begin Britain’s colonisation of what became Australia, reaching Sydney (as it was later called) as January turned to February in 1788. Two hundred and twenty fours years ago. Amongst them were 245 marines with 31 wives and 23 children; 543 male and 189 female convicts, with 22 children; a handful of ‘civilians’ and 306 officers and sailors on the various ships employed.

These were young people. Some 33% of the men and 6% of the women were aged between twenty-one and thirty, with 12% and 2% between thirty-one and forty. Children under ten constituted 3% of the group, and youths between eleven and twenty some 10%. These are approximate statistics as the ages of 25% of men and 3.5% of women are unknown.

Not all of them were British. There were seamen from Europe, and a few from the West Indies, Africans and North Americans. An eclectic ‘mob’, as the future citizens would say.

It would be a mistake to believe – as has often been portrayed – that the convicts were the hapless victims of a savage legal system and an uncaring society. Some had been convicted of crimes now considered minor or trivial, by far the majority had committed serious offences, for which capital punishment was the prescribed punishment. Many were habitual offenders. During the early years of transportation, it became the habit to collude to reduce the value or severity of the crime to avoid the mandatory death sentence. The consequence is that many view the crimes now as less serious than they were at the time.

It is also worthy of comment that once in New South Wales, the convicts were not imprisoned in the modern sense. Yes, they had lost their liberty and were far from home, but unless and until they reoffended (and many did) they had considerable freedoms. They were not shackled during the day, nor locked up at night. What would be the point? And once they had worked their official time for the colony, they were free to work for themselves or others. And many did and went on to prosper. In August 1789 at Sydney, at their request, Governor Phillip instituted a night watch of twelve trustworthy convicts to prevent thieving.

The story of Henry Kable is a case in point. He was from Thetford, Norfolk. He married Susannah Holmes, also from Thetford. He was allowed, by Phillips and Captain Collins, to sue the master of the transport on which he had been transported for recovery of property stolen from him during the voyage. That course would not have been available to him as a felon in England. Pause and think about that for a moment. He became an overseer, a night-watchman and a constable. In time he was a prosperous businessman.

Roughly two-thirds of the entire population decided to stay and settle. These were the founders of modern Australia. These people, the greater number of whom ‘had left their country for their country’s good’ were the first to know some of those features (ownership of land and houses) that marked the emerging nation that became so attractive to future, more willing, migrants.

That country seems to have done quite well over the last 224 years.

Happy Birthday, Australia.

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An interview with M Howard Morgan

Astrodene’s Historic Naval fiction is pleased to have obtained an Interview with M. Howard Morgan who’s new book First Fleet is now available for Kindle and will be available in paperback later in the year.

What can you tell us about First Fleet without spoiling the plot for readers?
My telling of the story had to have two main characters, there had to be a simple ‘love story’ woven into the fabric of the tale, but it also had to set a background to further writing. It was a fantastic voyage and social experiment to undertake, even for the time. It so nearly failed, but the result is Australia.
The story takes two young people, of very different backgrounds and by different paths, to find each other and perhaps themselves, when reunited in New Holland. The marine detachment in New Holland fought no battles, won no honours, but did distinguish itself in a sense. Discipline did not disintegrate completely, quite a remarkable achievement in the circumstances. First Fleet attempts to tell something of the voyage – really the first mass migration in British history and allow me to develop the main characters for a second, but very different book.

What inspired you to start writing the book?
In truth, it was a wager with a friend over a pint! I learned something of the First Fleet during my first visit to Australia in 1980. I also learned that an ancestor had volunteered for service with the marine detachment. It was many years later that I decided to investigate the story in more detail. It was then I became absorbed in the detail of the voyage and the history of the settlement; the anonymous villains that Britain despatched to the far side of the world to form a penal colony took on real form and became characters, real people, for me.
The officers and officials selected for the task were, in the main, fascinating people who have passed their stories down to us to study, if we choose to do so. I wanted to tell something of their lives, in a more accessible form than a factual history book. I grew up with the writers of naval fiction from Forester through O’Brian to Alexander Kent/Douglas Reeman to Julian Stockwin and others, and felt I could/should attempt a novel broadly set in the period. Actually a little earlier than the Revolutionary and Napoleonic Wars but the history of those conflicts became a passion of mine many years ago.
Now I should collect the wager, because I did it.

How did you undertake your research into the early colonisation of Australia?
Initially through reading the major texts on the history of the country, then to acquisition of the extant journals and correspondence of those involved. I have copies of all and probably everything written about the subject. I’ve visited Sydney several times, and the library services the country offers are superb.
I’d like to say I visited every port of call on the voyage of the First Fleet; but that would be um, inaccurate! Perhaps I will sometime. Portsmouth I know well, very well in fact. Sydney too, but sadly Rio de Janeiro and Capetown remain cities in the mind only. The Internet is a wonderful tool for those unable to travel to every desired location.

What intrigues you about the Royal Marines in the period in which Jack Vizzard lived?
That’s been one of the surprises from my research; I hadn’t really given the marines much thought until I embarked on the project. My family has a military history, but in the RN or RAF. A subsidiary interest since school has been ‘elite forces’ – several friends ended up in one branch of the services or another – and in modern times we’ve become more aware of the work of the Royal Marines. As I researched I became more interested in the ‘combined operations’ of Nelson’s era not just the fleet actions or ship-to-ship engagements; the successes and the failures of land-based conflict too. It’s a consequence of research really, as one delves into a subject other paths of interest open up. But it becomes more than mere study of the corps; one has to really understand the period. So the civilian world has to be understood too. The attitudes, the politics, social behaviour, speech, manners, morality, all become indivisible because Vizzard lived in the time. I believe good historical fiction has to be based on sound knowledge and understanding of the times in which it is set. Anything less and its value is diminished.
The work of the Royal Marines over the last three centuries is quite incredible and with the possible exception of Reeman and Tom Connery aka David Donachie, they have not received the attention, in fiction, they deserve. I commend Connery to any of your readers interested in the subject; He’s an excellent storyteller.

I understand a sequel is planned. What can you tell us about the future for this series?
The sequel is a work in progress, the research more or less complete with the book only 50% written. Jack Vizzard becomes a real marine and is involved in far more challenging situations that guarding convicts! He will always be a sensitive, thinking man, but now more mature and more deadly to his king’s enemies, i.e. the French! A third is very much in mind, the time and place and plotlines are fixed, the ‘why’ and ‘how’ sketched in the mind with only the detailed research to be completed. That and the writing of it.

Is there a time of day that best suits your writing?
Unquestionably, at night. The days are too busy with the means to pay the bills!

Is there anything else you would like to share with readers?
My passion for good story telling set in the Great Age of Sail. The men who worked and fought those ships, who created the best navy the world had seen, deserve to have an audience and understanding now they rarely had at the time.

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First Fleet eBook: M Howard Morgan: Amazon.co.uk: Kindle Store

First Fleet eBook: M Howard Morgan: Amazon.co.uk: Kindle Store.

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A warm human interest tale

Over the holiday I had some time to drill down amongst my papers and I recalled a tale read many years ago which at the time sparked the thought that convicts were human. Not faceless, anonymous souls without personal histories of their own. So too, was a gaoler, named John Simpson from Norwich. I want to share his story and that of the couple he helped, because it serves to illustrate my point.

October 1786. A county gaoler from Norwich named John Simpson arrives at the London office of the Secretary of State with a remarkable request. He has just travelled 200 miles from Plymouth, where he delivered three female prisoners to be shipped on board the First Fleet of convicts to be sent to Australia. One of the women, Susannah Holmes, brought along her five month old son, but since the legal papers said nothing about a child, the captain of the prison hulk refused to accept him on board. Simpson has left the distraught mother at Plymouth, threatening suicide, and caught the first coach to London, nursing the babe on his lap.

The clerks are not prepared to trouble Lord Sydney and the Norwich gaoler is turned away. But as he leaves the office, Simpson sees the Home Secretary coming down the stairs, and he presses forward to make his petition. The Home Secretary listens to him and signs the order. Not content to let the matter rest, the gaoler asks one more favour. The father of the child, a 20 year old felon named Henry Kable, who had been imprisoned in Norwich Castle with Susannah Holmes, is not on the list of convicts to be sent to Botany Bay. He has offered to marry Susannah and accompany her on the long and uncertain voyage to this unknown country, but his applications have been refused. Lord Sydney at once agrees, and after a further journey to Norwich to collect Kable, Simpson reunites the young family on board the Plymouth hulk.

This heart-warming story was given significant attention in the press, and money and gifts were donated, by Lady Cadogan, to assist the Kables in making a fresh start. These were taken aboard one of the convict transports and stored in the hold until the family arrived at their destination.

On landing, it was discovered that someone had broken the parcel open and stolen some of the gifts. The ship’s captain, Duncan Sinclair, was unable to recover the articles, and in July 1788, five months after the settlers had landed in the new land, Henry and Susannah Kable launched a civil action against the captain for the value of their lost property. This was the first civil case in Australian history, and the plaintiff was successful in obtaining judgement for £15 for the captain’s negligence. This alone makes the case noteworthy, but Kable v Sinclair is remarkable for a number of other reasons.

Firstly, the plaintiff was a convict who had not yet served his term of exile. Under English law, convicted felons had no rights to initiate legal proceedings in the courts. Secondly, the convict won, suggesting that even in a penal colony on the other side of the globe, British justice would prevail.

What is less obvious, but no less remarkable is that Henry Kable had a defendant whom he could sue, for if private contractors had not been employed in transporting the convicts, he would have had no other remedy. Naval captains could have invoked Crown immunity.

The oddity of the first civil suit won by a convict, may have brought Kable to the governor’s notice, although Kable later claimed to have had influential letters of recommendation, for soon afterwards Arthur Phillip appointed him an overseer.

In 1798 Kable opened a hotel called the Ramping Horse, from which he ran the first stage coach in Australia, and he also owned a retail store.

Henry became a constable of police, and later chief constable in the new colony and was involved on the prosecution side in criminal cases. Kable was dismissed 25 May 1802 for misbehaviour, after being convicted for breaches of the port regulations and illegally buying and importing pigs from a visiting ship. After this, he became merchant and ship owner. Like others in the colony, and perhaps because of his early success, Henry used the courts to argue cases against his opponents. He seems to have prospered; in 1808 shipping records show Kable and two partners, boat builder James Underwood and the other Simeon Lord as principal ship owners in the expanding commerce of acquiring and exporting sealskins to the colony.

Kable was one of 70 signatories to a petition to Governor Hunter from creditors who were anxious to prevent debtors from frustrating their demands by legal delays. The partnership dissolved in some bitterness shortly afterwards but not before Henry had managed to divest himself of a good deal of his property to his son, in order to avoid the consequences of any court order. Kable did much to pioneer sealing and shipbuilding in New South Wales, but it was Simeon Lord who marketed the skins and James Underwood who built the ships; yet Kable’s achievements were remarkable for a man who could barely sign his name and had no other claim to literacy than his ability to add a column of figures.

Happy New Year!

MHM

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