Arising out of this incident, a letter was sent from the Admiralty to the Portsmouth Custom House and signed by "J. Burchett." The latter opined that it was not a fault for the Custom House smacks to wear a pendant, but pointed out that the Proclamation of 1699 obliged the Custom House smacks to wear such a pendant as was distinct from the King's "as well as their Jacks and Ensigns." Furthermore he suggested that it had always been customary to strike such pendant when in sight of an Admiral's flag, especially if demanded.
The second incident occurred on February 4, 1806. The commanding officer of H.M. Armed vessel _Sentinel_ was lying in Shields harbour. He sent word to a man named Stephen Mitchell, who caused the watch of the Revenue cutter _Eagle_ to hoist the _Eagle's_ pendant half-mast. Mitchell naturally replied that he dared not do so without his captain's orders. Mitchell, therefore, sent to his captain, George Whitehead, but before the latter's arrival the pendant was hauled down and carried on board the _Sentinel_ with threats that Whitehead should be prosecuted for wearing a pendant. Whitehead accordingly wrote to the Collector and Controller of the Customs at Newcastle to lodge a complaint. The latter, in turn, wrote to Lieut. W. Chester, R.N., commanding this _Sentinel_ gun-brig asking for an explanation. The naval officer replied by referring them to Articles 6 and 7 of the Admiralty Instructions regarding ships or vessels in the service of any public office, by which it was ordered that they should wear the same Ensign and Jack as ships having Letters of Marque, except that in the body of the Jack or Ensign there should be likewise described the seal of the office they belonged to. All vessels employed in the service of any public office were forbidden to wear pendants contrary to what was allowed, and officers of ships-of-war were permitted to seize any illegal colours. Chester contended that the _Eagle_ was hailed and requested to lower her colours half-mast, as an officer of the Navy was being interred at South Shields, and all the other vessels in the harbour "had their colours half staff down" except the _Eagle_. Because the latter refused, Chester requested her mate to come on board the _Sentinel_, as the former wished to explain why the colours should be lowered. An officer was thereupon sent on board the _Eagle_ to haul them down. Chester demanded an apology for the disrespect to the deceased officer.