A hero of the Peninsula and Waterloo meets the ‘terror of Chelsea’: who comes out best?

Napoleon

I’ve just been revisiting the rise and fall of Napoleon in case I need to step in and provide some teaching cover for a colleague who is temporarily unwell. We all need to be prepared to teach outside of our specialism from time and as long as its not too far removed most jobbing historians can do it.

While Napoleon and the French Wars might seem a long way removed from my research area he is someone I have studied and be interested in for most of my reading life. As a child I quickly went from a love of Nelson to the man Nelson dedicated almost his entire career to thwarting. I saw Bonaparte as a brilliant mind, flawed by vaunting ambition, and ultimately let down by those closest to him and his inability to recognize when he had overstretched himself.

Of course while most of France adored him in the early 1800s much of the rest of Europe hated and feared him, most especially the English. He represented a challenge to British dominance and to the institution of hereditary European monarchy; he was a child of the revolution for all his abandonment of democracy. Most of all he wasn’t an aristocrat, he was – like so many of the men that rose through the ranks of the Imperial Army – a self-made man and the crowns of Europe had little time for that sort of success story.

The wars against France left a deep scar on Europe and on Britain and so those that served at Napoleon’s final defeat in Flanders were held in high esteem. Charles Miller was one such veteran of Waterloo – he had served throughout the whole of the Peninsula Campaign in Spain and Portugal, a war that did so much to undermine Napoleon’s grip on the European continent.

In 1838 (twenty years after Wellington’s victory at Waterloo) Charles Miller was serving with the Royal Veteran Battalion in Chelsea. He was quartered at Chatham and on Friday 12 October he had traveled to the Chelsea College to pick up some money that was owed to him. As he looked around for somewhere to spend the night he ran into a man named Thomas Ivey who promised to guide him to a suitable lodging house.

Unbeknown to the old soldier however, Ivey was a crook. He was well known to people in Chelsea as a thief and a rogue and Miller was exactly the sort of easy ‘mark’ he preyed upon. As Miller drew out his purse to buy some apples from a street seller Ivey pounced, snatched it, and ran off.

Miller raced after him but Ivey knew the streets and alleys around Jew’s Row much better than the outsider and he easily avoided him. The solider was persistent however, and eventually, with the assistance of the police, Ivey was captured and brought before the magistrates at Queen Square Police court.

Ivey tried to pretend that while he had met the veteran of Waterloo he hadn’t robbed him; there had been a misunderstanding and he ‘make it all right’. For his part Miller was at pains to say he’d not been drinking (often a charge leveled at those that had their purses lifted when visiting the capital). He had lost everything he had – a sovereign and four half crowns – and so was on his uppers.

The magistrate was determined that Ivey should face trial for this offence but was informed that the man had only recently bee released from Clerkenwell prison for a similar crime. That would surely count badly against him and the justice wanted to make sure they had all the details before sending him in front a judge and jury. So Thomas Ivey was remanded in custody for two days to get the report on his previous conviction.

Ivey paid dearly for his actions that day and I’m sure his choice of victim played a part. On 22 October he was tried and convicted at the Old Bailey and sentenced to transportation. He remained in England until February 1840 when he sailed for Van Dieman’s land to start a 10-year term of exile. Thereafter he seems to have kept his nose clean and in 1846 he earned his ticket of leave. He was freed three years later on the 9 April 1849. He was still just 29 years of age, (being born in 1820, just a year before Napoleon died on St Helena).

What did he do next? Sadly the records don’t tell us that but perhaps he embraced his new start ‘down under’ and put his past life as ‘the terror of Chelsea’ behind him. Nor do we know what happened to Charles Miller, the old soldier that Ivey robbed. I doubt he got his purse back (certainly not the contents) so his immediate circumstances were difficult. Hopefully his regiment supported him because in 1838 he must have been at least in late 40s if not older, and it is likely that in all those years of service he would have picked up one or more injuries.  There was no ‘help for heroes’ in early Victorian England and precious little state support for veterans, despite the supposed affection in which the victors of Waterloo were held. Not for the first time I’m left wondering whether the criminal, in being transported to Australia had the better outcome here?

[from The Morning Chronicle, Monday, October 15, 1838]

Is this freedom? The ‘Adventures of a Slave’ at Worship Street Police Court

NB-At-Rest-on-St-Helena

Margaret Clayton was 50 years of age, or so she thought, when she appeared at Worship Street Police Court in June 1847, seeking the magistrate’s help and advice. Margaret was married to a soldier but she wanted a divorce.

Divorce was no easy thing in mid-Victorian England, particularly for a working-class woman of limited means. Until 1857 the Church of England conducted divorces and were very reluctant to grant them, and only on the grounds of adultery. As a result the number of divorces were small, around 300 a year even as late at the 1870s.

In some parts of the country working class men and women got around this by conducting ‘wife sales’ (as described by Thomas Hardy in the Mayor of Casterbridge). This form of plebeian divorce, which Hardy’s novel exposed to a disbelieving and shocked public, were often the only way for couples to legitimately separate and move on.

There was little the magistrate at Worship Street could do for Margaret, but he was interested in her background because she was not not like most of the women that came before him.

Margaret Clayton was ‘a woman of colour’. She was black, and Mr Broughton wanted to know her history.

She had been a slave she told him. She born into slavery as her mother was a slave also, and was first sold at 15 years of age, to ‘a captain’s lady at St Helena’. This would have been in 1812 during the long wars between the French 1st Empire and the Allies, led by Britain. These had ended at Waterloo in June 1815, and the French emperor, Napoleon, was sent into exile – on St Helena.

Margaret recounted how the lady had bought her for £50 to serve as a nurse for her children. Her mistress was good to her, she ‘was kindly treated but she was thoughtless and giddy, she said, as girls would be, and she ran away’.

She was soon found and brought back but sold on to another mistress who was far less considerate. She was treated ‘brutally’, she explained, before she was again sold – this time for £33 – to a soldier. He married her and set her free.

Sadly her husband, who seems to have cared for her, died and so she was free but without any support, and already having a family, she married another private in the St Helena Regiment. When this husband decided to return to England, Margaret and her children went with him. By 1847 they were living in London and he was working at the London Docks, and clearly they were not getting along very well. The eldest of Margaret’s five children was a man of 20, the youngest a baby just18 months old.

The magistrate was curious to know if she had known or met Napoleon. The Corsican ‘Ogre’ had been a prisoner on the small South Atlantic Island from October 1815 to his death (rumored to have been hastened along by his captors) in May 1821. Yes, she said, she had seen him but added nothing further the reporter could embellish his article with.

Napoleon remained a powerfully iconic figure in European history and politics. When he had died there were calls to repatriate his ashes (‘cendres’) to France but the ruling monarch Louis XVIII and his government feared a popular uprising of Bonapartist sentiment. Napoleon’s supporters would have to wait until 1840, seven years before Margaret appeared at Worship Street, to see their hero’s remains entombed in the magnificent structure at Les Invalides in Paris, where they rest to this day.

Having satisfied his curiosity about the woman there was nothing much more Mr Broughton could do. He asked one of the warrant officers present to enquire into the case and speak to the husband, to see if anything could be done to reconcile the (or perhaps even arrange a mutually acceptable separation) and ordered that Margaret be given some money from the poor box.

The Standard‘s reporter wrote it up as the ‘adventures of a slave’ as if it was somehow a tale of a woman’s exciting life upon the high seas. But in reality of course Margaret – who had been ”sold many times’ (as she had told the court) – had very little choice in where these ‘adventures’ led her. She had been taken to St Helena as a slave, sold again as a slave, and then bought against her will as a wife. Free or enslaved it made little difference; as the wife of a serving soldier she went where he went.

Her appearance (at 50) in a summary court in the capital of the nation that had abolished slavery and the slave trade was probably her first real opportunity to declare her independence. Unfortunately as a poor woman, legally married with no rights to property of her own, she found there was nothing the law could do for her except to hope that her husband ‘let her’ go, or treated her better in the future. We might ask ourselves then, from Margaret’s perspective, whether she was ‘free’ at all?

[from The Standard , Monday, June 28, 1847]

Murder on the high seas 200 years ago

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One unusual aspect of the English law in the 19th century was that crimes committed on the high seas were not tried before the normal jury courts but were dealt with elsewhere. Piracy, mutiny and murder onboard merchant vessels were heard by the Admiralty Sessions (which sat as an when necessary, rather than having a set timetable as other courts did). After 1834 these took place at the Central Criminal Court  (the Old Bailey ), but in a separate sessions. Which means that the records of these trials are not with all the other Old Bailey Proceedings (held by the London Metropolitan Archives – and online) but instead are at the National Archives at Kew.

However, the London Police courts still had a role to play in the pre-trial examination of those accused of Admiralty offences. Bow Street was the senior Police Court for the capital and its magistrate (in 1816 Sir Nathanial Conant) was the de facto chief justice of the peace in London.

In 1816 two sailors and a soldier were brought before Conant at Bow Street on two separate charges of murder. The sailors (unnamed in the newspaper report) were charged with murdering the captain of a schooner which had been sailing from Smyrna (modern day Izmir on the Aegean) to England. The sailors had taken control of the boat and its small crew, cutting the captain’s throat and heaving his body overboard.

They then locked (or indeed ‘nailed’) the first mate in his cabin and threatened him. They demanded to know where the ‘wealth was in vessel’, until he promised to share the booty (described as a quantity of ‘doubloons’) with them.

He then proceeded to get them drunk so that he could overpower them and sail the schooner into Gibraltar where he handed them over to the British authorities. The pair were described as being ‘very penitent’ but also regretted not taking care of the mate properly! Conant committed them for trial.

His next prisoner was a soldier in the 18th Irish Regiment who had been brought from Woolwich. This man was also charged with murder, this time it was the killing of an unmanned crew member on a ship sailing from St Helena. He too threw his victim over the side and was also charged with piracy. The paper reported that ‘a great deal of proof against this man arises from his own voluntary confession’. He too was sent for his trial.

St Helena, of course, was to become a prison for the defeated French emperor, Napoleon, who died on the isolated island in 1821, with some scholars suggesting that he too was murdered – on the orders of the British government.

These reports in the Morning Post remind us that there were various layers to the justice system in the 1800s, with military courts and admiralty sessions which operated slightly differently to the jury courts of assize and quarter sessions. While we have have considerable work on the jury courts we still lack the same attention for the military and naval ones and a close study of the Admiralty records might shed some interesting light on  way in which certain cries were punished in the nineteenth (and eighteenth) centuries.

[from The Morning Post, Tuesday, November 12, 1816]