CHAPTER ONE
PRELIMINARY
It
is to be feared that honest and well-meaning men have not
infrequently incurred the odium of posterity, not so much by reason
of any enormities of which they have themselves been guilty, as
because it has been their misfortune to be set to impossible tasks
by
employers or comrades, to whom they have been only too faithful.
Few,
if any, of such men have less deserved their fate than Captain
Kidd,
one of the unluckiest men that ever lived, who left this world on
Friday the 23d of May, 1701, after woeful experiences at sea of the
doings of an unruly crew, and on shore of the schemings of
unscrupulous politicians and lawyers at Boston, Newgate, the Old
Bailey, and the Execution Dock at Wapping.To
most of those who woo her, reputation is a coy and fickle mistress.
But she occasionally evinces a very embarrassing attachment to men
and women, whose innate modesty and reticence have prompted them
throughout their careers to give her as wide a berth as possible.
She
has clung most unfairly and pertinaciously for more than two
centuries to poor Kidd, who in common with most men of his calling,
had no desire whatever to obtrude himself on the public notice.
This
worthy, honest hearted, steadfast, much enduring sailor, a typical
sea captain of his day, seems really to have done his best to serve
his country and his employers according to his lights, in very
difficult circumstances. His fatal mistake which brought all his
sufferings on him was that he yielded to the solicitations, if not
to
the intimidations, of personages of higher rank than his own, who
for
their own ends induced him against his better judgment to embark on
an impossible enterprise, which after the manner of his kind he
doggedly tried to carry through to the utmost of his ability, and
in
which he came nearer attaining success than could reasonably have
been anticipated. For his pains, after giving himself into custody
in
reliance on the word and honour of his chief employer, a Whig
nobleman, he was ignominiously executed and hung in chains, after
nearly two years’ close incarceration, and has ever since been held
up to execration as the arch pirate, who left behind him untold
hoards of treasure taken from the murdered crews of peaceable
merchantmen, and buried God knows where, on the innumerable coasts
and keys of the West Indies, where they are popularly supposed to
await discovery to this day. It would be difficult to conceive any
wilder misrepresentation of the poor man’s doings.Kidd
seems to have been born in Scotland and to have spent the greater
part of his life in the American Colonies, neither of which
circumstances was likely to stand him in good stead, either with
the
great men who employed him or with the London juries, by whom he
was
found guilty of murder and piracy. It is not alleged by his
detractors that he had not borne an excellent character, until he
was
sent on his wild-goose chase after pirates, nor is there any reason
to believe that he had any taste himself for piracy. On the
contrary,
it was his exemplary past conduct in this respect, in which he was
certainly in advance of his time, which was the primary cause of
his
ruin, inasmuch as it induced the Earl of Bellamont, the Governor of
New England, at the instigation of a local magnate, Colonel
Livingstone, to select him as the most fitting instrument for the
furtherance of the King’s alleged designs for the suppression of
piracy, when at the mature age of fifty-two, he was living a
reputable sea-faring life in easy circumstances, possessed of a
ship
of his own, and married to a wife with a considerable fortune,
settled in New York.Bellamont
was appointed Governor of New York by His Majesty King William the
Third, early in the year 1695. Two years before he had been
treasurer
and receiver general of the late Queen Mary; but she had found it
impossible to allow him to retain that post. In her diary of 1693
she
writes: “Lord Bellamont behaved himself impertinently. I turned him
out and was censured for it by all, which was no small vexation to
me. But I could not be convinced that I was in the wrong, yet was
sorry it was so understood.” That he was given to taking
unjustifiable action on ill-grounded suspicions would appear from
the
fact that in the same year (1693) he had made himself ridiculous by
a
vexatious and abortive impeachment of the Lord Chancellor of
Ireland,
Lord Coningsby, and one of the Irish Lord Justices, Sir Charles
Porter, both of whom he had arraigned for high treason and other
imaginary crimes and misdemeanors. The House of Commons, to whom he
had presented his articles of impeachment, could not stomach
proceedings so obviously calculated to bring it into contempt; and
unanimously decided that the great majority of his accusations were
absolutely groundless, while they declined to take any action on
the
remainder, considering the state of Ireland at the time when the
alleged breaches of the law had taken place. It is of course
impossible to say with certainty how far his ineptitude on this
occasion, and the remembrance of the Queen’s dislike to the man,
induced the King to offer him a colonial governorship. But he would
be a bold man who would venture to deny that even in more modern
times similar appointments have been offered to and accepted by
men,
whom their own party have found it convenient to rid Parliament of
at
any cost, without regard to the interests of the Colonies to which
they have been relegated. In those days colonial governorships were
less sought after than they are now; and it was hopeless to expect
any man of mark at home to accept one.From
an “Account of the proceedings in relation to Captain Kidd in two
letters from a Person of Quality to a kinsman of the Earl of
Bellamont,” published in 1701, the year of Kidd’s death, with the
avowed object of vindicating the memory of Bellamont, who was then
dead, it appears that New York had at that time, rightly or
wrongly,
earned a bad name in England. These letters, which so far as they
appeared to whitewash Bellamont and Kidd’s other employers, were
eagerly accepted and embellished by Macaulay, are historically
interesting from the side lights which they throw on certain
differences which had then arisen between England and her American
Colonies, and were already paving the way for the separation of the
Mother Country and her strongest child. Their writer begins by
informing his readers that “it was then well known that for several
years two very pernicious things had been growing up in our
American
Colonies,—an unlawful trade in fraud of the Acts of Navigation and
the Plantations, infinitely prejudicial to England, and the cursed
practice of piracy, utterly destructive of all commerce.” “Many,”
he tells us, “were insensibly drawn into these ill courses by
observing what excessive wealth the offenders gained in a short
time,
and with what impunity they offended. For some Governors, having
found a way to share in the profit, were obliged not only to
connive
at, but protect, the offenders.” This anonymous gentleman had
often, he says, been told by Bellamont that His Majesty had done
him
the honour to say “that he thought him a man of resolution and
integrity, and with these qualifications, more likely than any
other
he could then think of” (apparently from Bellamont’s own account
of the interview the King had not much time to waste in troubling
himself about so unimportant a matter), “to put a stop to that
illegal trade and to the growth of piracy, for which reason he had
made choice of him as Governor of New York, and for the same reason
intended to put the government of New England into his
hands.”It
would therefore appear to be admitted by this gentleman that the
primary object of the King in the selection of Bellamont was to
secure the more rigorous enforcement of the Navigation and
Plantation
Acts. These Acts had been passed in the reign of Charles the
Second,
for the purpose of securing for England the monopoly of American
trade, by preventing under heavy penalties any direct trade between
the Colonists and their neighbors, French, Spanish, or Dutch, in
the
West Indies. They prohibited the import and export of goods into or
from the plantations except in ships built in England; and provided
for the seizure and forfeiture of any other vessels employed in
that
trade and all goods found on board. It will readily be understood
that, although this monopoly was regarded with great favour in
England, it had been growing more and more unpopular with the
Colonists, as their commerce and population increased, because
their
traffic with their neighbors was incommoded and hampered by it; the
inevitable result being that the smuggling of goods into and out of
the plantations had become a popular and lucrative and not very
difficult business. Our Dutch King’s desire to check this smuggling
was not unnatural, money being at that time urgently required by
him
for the prosecution of his French War.Bellamont,
appointed Governor of New England in July, 1695, seems to have been
in no hurry to go out to America. The primary object of his
appointment being the more rigid enforcement of the Navigation
Acts,
it may be that it was thought desirable that he should be at hand
during the passage through Parliament in the following year of the
English Statute entitled “An Act for preventing frauds and
regulating abuses in the Plantation Trade.” The Parliamentary
draftsmen of those days had a pretty talent for invective
exercisable
on the instructions of those in power. In this case it was
displayed
not only in the preamble of the Act, but also in the recitals to
several of the clauses. From these we learn that notwithstanding
the
Acts of King Charles the Second “made for the encouragement of the
navigation of the kingdom and for the better securing and
regulating
the plantation trade, great abuses were daily committed to the
detriment of the English navigation and the loss of a great part of
the plantation trade, through the artifice and cunning of
ill-disposed persons.” Amongst these artful, cunning, and
ill-disposed persons, the pre-eminence is assigned to Scotchmen,
who
in that year were in bad odour with the King, and projecting their
unfortunate Darien expedition which, had it succeeded, might have
hit
the English trade far harder than any amount of smuggling could
have
done: “Great frauds and abuses,” we are told by the draftsman,
“have been committed by Scotchmen and others in the plantation
trade, by obtruding false and counterfeit certificates upon the
government officers of having given security in this kingdom to
bring
the ladings of plantation goods to England, Wales, or the town of
Berwick-upon-Tweed; as also certificates of having discharged their
ladings of plantation goods in this kingdom pursuant to securities
taken in the plantations, and also cocquets or certificates of
having
taken in their ladings of European goods in England, Wales, or
Berwick-upon-Tweed, by means whereof they may carry the goods of
Scotland and other places of Europe, without shipping the same in
England, Wales, or Berwick-upon-Tweed to His Majesty’s plantations,
and also carry the goods of the plantations directly to Scotland or
any other market in Europe without bringing the same to England,
Wales, or Berwick-upon-Tweed.” To remedy these malpractices, a
penalty of five hundred pounds was imposed by the Act on any person
making use of such false cocquets and certificates. Every Colonial
Governor was required to take a solemn oath to do his utmost, that
all the clauses, matters, and things contained in the Navigation
Acts
should be punctually and
bonâ fide
observed; and on proof that any Governor had neglected to take this
oath, or been wittingly or willingly negligent in doing his duty,
he
was to be removed from his government and fined one thousand pounds
sterling. All naval officers in the plantations were required to
give
security to the Commissioners of Customs for the faithful
performance
of their duties, and until such securities had been given and
approved by the Commissioners, the Governor was made answerable for
their defaults. The Act is very lengthy and verbose. But the above
are its most important provisions.Legislation
of this sort was thoroughly in harmony with the policy pursued at
that time by the Home Government in its dealings with the Colonies.
Generations had yet to pass before any doubt as to its wisdom began
to dawn in the minds of Englishmen. Had Bellamont’s instructions
from his royal patron been confined to its furtherance, it would
have
been well for poor Kidd, and the reputations of Bellamont and
sundry
great personages in England. But they had, as has been seen,
extended
to the suppression of the alleged growth of piracy in New England.
As
a matter of fact, it may well be doubted whether piracy had, as
alleged, been for several years on the increase in that part of the
world. In the West Indies it had greatly diminished. Less than
thirty
years before, the buccaneers had been so numerous that, on
receiving
the directions of King Charles the Second to stop their
depredations
on the Spaniards, they had in defiance of his orders stormed the
Castle of Chagres; and marching thence across the Isthmus, more
than
a thousand strong, sacked and burnt Panama itself in the face of
the
organized forces of the Spaniards. Now the great Brotherhood of the
Coast had practically ceased to exist. Such piracy as still
lingered
on amongst the English speaking race was for the most part limited
to
the eastern seas and consisted mainly in depredations on the
shipping
of Mussulmans, Armenians, and the natives of India, collectively
termed by seamen Moors. Without in any way extenuating the practice
of plundering these people, it is only right that we should bear in
mind, in considering the case of Kidd and his crew, the belief then
widely prevalent amongst Europeans that there was little if any
impropriety or disgrace attaching to the ill-treatment and robbery
of
black men by white. Witness, for example, the slave trade, and the
conditions under which negroes were worked in the plantations.
Moorish piracy still prevailed in the Mediterranean, attended by
great cruelty to Europeans; and retaliation on the so-called Moors
in
the eastern seas must have seemed to the man in the street the most
natural thing in the world. Darby Mullins, who was hung with Kidd,
was no doubt voicing the opinion commonly held by seamen and
others,
not only in the plantations but in London and Bristol, when whilst
expressing in his last moments to the Ordinary of Newgate his
sincere
contrition for his habits of swearing and cursing and profaning the
Sabbath day, and his neglect to return thanks to his Creator for
his
preservation in an earthquake at Jamaica (sins of commission and
omission which he regarded as really serious offences and for which
he asked pardon), nevertheless protested in defence of his piracy
under Culliford that “he had not known but that it was very lawful”
(as he said he had been told) “to plunder ships and goods belonging
to the enemies of Christianity.” We may indeed be permitted to
doubt, whether King William himself would have pressed Bellamont to
check this piracy in the eastern seas, had it not been for two
considerations: the one a possible apprehension that it might
extend
to the plundering of Dutch merchantmen sailing to and from his
Dutch
Colonies in the East, and the other the increasing complaints on
the
part of the wealthy East India Company who exercised great
influence
in Parliament, that it injured their trade and led to complications
in their dealings with the Great Mogul.Be
this as it may, the suppression of piracy in the East was not only
a
desirable object, but one that was likely to commend itself to the
mercantile community; and any plausible project for its furtherance
that would not necessitate his immediate departure from England
would
naturally be welcomed by Bellamont. Such a project was not long in
presenting itself.To
return to his defence written by the anonymous Person of Quality:
“As
soon,” he says, “as it was known that the Earl of Bellamont was
designed for Governor, all persons who had concerns in New York
made
their applications to him. Amongst others, Colonel Robert
Livingstone, who had several employments in that province, had
frequent access to him, as well upon the account of the public
affairs there, as of several matters which he had depending before
the council and the treasury. The Earl, taking occasion to mention
to
this gentleman the scandal which lay upon New York in respect of
the
encouragement and retreat, which the pirates found there, Colonel
Livingstone confessed” (as might be expected of a canny Scot, who
wished to ingratiate himself with the great man) “that there was
too much ground for the complaint, and that if some speedy and
effectual course were not taken to suppress those enormities, so
many
persons would be drawn into the guilt that it would be exceedingly
difficult to master them.”After
thinking the matter over, he saw his way to make himself
serviceable.
“When he came again to wait on the Earl, he took notice of the zeal
the Earl had expressed at their last conversation for putting a
stop
to that piratical trade, since which time, he said, he had spoke
with
one Captain William Kidd, lately come” to London “from New York
in a sloop of his own, who told him that he knew most of the
principal men who had been abroad roving and others who had lately
gone out, and likewise had some knowledge of the places where they
usually made their rendezvous, and that he would undertake to seize
most of them in case he might be employed in one of the King’s
ships, a good sailer of about thirty guns, and might have one
hundred
and fifty men. He said that though the pirates were many in number
yet they had at that time no ship of considerable size. Livingstone
affirmed that Kidd was a bold and honest man and he believed better
than any other to be employed on that occasion.”In
the light of subsequent events it is much to be regretted that poor
Kidd happened at that juncture to have come to London from New York
and, whether in his cups or otherwise, made these disclosures to
Livingstone. But that Livingstone was fully justified in his
estimate
of Kidd’s character is clear from the evidence of the four most
reputable witnesses (it may almost be said the only reputable
witnesses) at Kidd’s subsequent trials,—Colonel Hewson, Captain
Bond, Captain Humphreys, and Mr. Thomas Cooper,—who happened to be
in London, when the trial came on. Colonel Hewson then testified
that
Kidd was a mighty man in the French war in the West Indies; and had
served under his (Hewson’s) command, being sent to him by the order
of Colonel Codrington. “He was with me,” he swore, “in two
engagements against the French, and fought as well as any man I
ever
saw, according to the proportion of his men. We had six Frenchmen
to
deal with, and only mine and his ship.”Kidd.
“Do you think I was a pirate?”Hewson.
“I know his men would have gone a-pirateering and he refused it;
and his men seized upon his ship. When he went this voyage, he
consulted me and told me they had engaged him on such an
expedition.
And I told him he had enough already, and might be contented with
what he had. And he said that was his own inclination; but my Lord
Bellamont had told him, if he did not go this voyage, that there
were
great men and they would stop his brigantine in the river, if he
did
not go.”Mr.
Justice Turton. “Who told you so? Did he?”Hewson.
“Yes, my lord.”Mr.
Justice Turton. “Did you apprehend that his intention in that
undertaking was to be a pirate?”Hewson.
“No, my lord. He told me his business was to go cruising and
surprise pirates.”The
Solicitor General. “Did he tell you he had no such design?”Hewson.
“Yes; he said he would be shot to death before he would do any such
thing. He was very serviceable in the West Indies.”On
the same occasion Captain Bond swore that he knew that Kidd was
very
useful at the beginning of the war, and Captain Humphreys that he
had
known Kidd at the beginning of the late war, and that he had the
applause of the General, as he could show by the General’s letter,
a general applause of what he had done from time to time.Mr.
Thomas Cooper gave evidence to the like effect. Being asked by Kidd
to tell the Lord Chief Baron Ward, what he knew of him in the West
Indies, he replied: “I was on board the
Lyon; and this
Captain Kidd brought his ship from a place that belonged to the
Dutch
and brought her into the King’s service at the beginning of the
war, about ten years ago; and we fought Monsieur Du Cass a whole
day,
and I thank God we got the better of it. And Captain Kidd behaved
himself very well in the face of his enemies.”Two
points should be noted in Colonel Hewson’s evidence. First, that he
knew that Kidd, years before there was any thought of sending him
out
to suppress piracy in the eastern seas, had not only done good
service for England in the war against France, but had also refused
to join his crew in “pirateering,” with the result that they had
seized his ship. Secondly, that Kidd had told him before he started
on his last unlucky expedition, that he was drawn into the business
by an intimation on the part of Bellamont, that there were great
men
in it, and by the threat that if he did not go, his brigantine
would
be stopped in the river. That there were great men in the business,
far greater men than Bellamont, is indisputable. That great men in
those days were wont to use their great power more arbitrarily than
they dare to do now-a-days is also indisputable. That Kidd was more
or less coerced into embarking in their business by the fear that
they might stop his brigantine in the river if he refused to go,
cannot, in view of the statement which he made to Colonel Hewson
before starting, be reasonably regarded as improbable.To
return to the narrative of the Person of Quality, who was not
likely
to lay stress on these points. “His Majesty,” he says, “was
made acquainted with the proposal by the Earl of Bellamont, and was
pleased to consult the Admiralty. But the war employing all the
King’s ships which were in a condition of service, and the great
want of seamen (notwithstanding the press and all other means
used),
together with the remoteness of the voyage, and the uncertainty of
meeting the pirates or taking them if they were found, occasioned
after some deliberation the laying aside of the project as
impracticable at that time.” In other words, the Admiralty
officials, realizing the difficulty of the task, declined to take
any
part in it, and pleaded inability.The
pertinacious Livingstone, as might have been expected, was not to
be
staved off in this fashion; and before long he hit upon a new
project. “He did propose to the Earl, that if persons of
consideration might be induced to join in the expense of buying and
fitting out a proper ship, he had such an opinion of Kidd’s
capacity and good meaning, and so great a desire that some stop
might
be put to these practices that he would be one of the undertakers”
(incurring little risk so long as he stood in with persons of
sufficient consideration); “and that he and Kidd would be at
one-fifth part of the charge. The Earl thought himself obliged in
duty to make this second overture known to His Majesty, who was
pleased to approve highly of the design, because” (note the reason)
“nothing of that nature was to be effected in any other way. He did
also declare, as an encouragement to such an undertaking, that the
persons with whom the Earl should engage to be at the expense of
the
voyage should have a grant of what Kidd should take from the
pirates,
so far as it might belong to him, except some part, which he would
reserve for himself chiefly to show that he was a partner in the
undertaking.”So
far, therefore, as appears from the narrative of this Person of
Quality, who is the only witness of these confidential
communications, whose evidence is now available. The original
suggestion of Kidd, who unlike the majority of his fellow Colonists
was opposed to piracy in the East or elsewhere, was that if he was
sent out on board of a King’s ship, with officers and men of the
King’s navy, he would indicate to them the places to which the
pirates were wont to resort, and thus enable the King’s sailors to
seize them. The Admiralty doubted the feasibility of this plan,
even
if they had had the necessary means at the moment to carry it out.
The disastrous suggestion that Kidd should be sent out in command
of
a ship, provided at the expense of persons of consideration, and
manned by a scratch crew of undisciplined men, emanated from
Livingstone, and was assented to by the King as a
pis-aller. At the
worst the King could not lose a farthing by it. If it succeeded, he
would not only gain his object, but pocket a substantial share of
the
plunder. The adventurers might pocket more, but they would run some
risk of parting with their money and getting no return for it. What
would happen to Kidd, if he failed, appears to have been no concern
to any of them.The
King’s approval of the adventure having been obtained, the next
thing to be done was to find the necessary persons of
consideration,
willing to put their money in it. Six thousand pounds only were
required, of which Livingstone and Kidd each contributed six
hundred.
The remainder was at once advanced by four of the most powerful men
in England at that time, leading men in the King’s Whig Ministry,
Somers the Lord Chancellor; the Earl of Orford, the First Lord of
the
Admiralty; and the two Secretaries of State, the Earl of Romney and
the Duke of Shrewsbury. Great men indeed were now in the business,
and it was too late for Kidd to back out of it. So far Livingstone
had succeeded, probably beyond his wildest hopes.But
although these great men were quite willing to risk their moneys in
this adventure, they were by no means keen that their names should
appear in connection with it. In the grant[1]
made to the adventurers by the King of the pirates’ goods and wares
to be taken by Kidd, it was expressly stated that his ship,
the
Adventure Galley,
had been, with the King’s knowledge and royal encouragement, fitted
out to sea at the great and sole charge of the Earl of Bellamont
and
Sir Edmund Harrison, and four obscure personages, Samuel Newton,
John
Rowley, George Watson, and Thomas Reynolds, not one of whom had
advanced a penny of their own upon it; and it was to these persons,
and not to Livingstone, Kidd, or the four King’s ministers that the
grant purported to be made on the ground that the King was
“graciously inclined that so chargeable an undertaking tending to
such good and laudable ends should have meet and proper
encouragement.” As a
quid pro quo for
this highly improper grant, the legality of which was afterwards
very
seriously called in question in Parliament, the grantees by an
indenture of even date therewith agreed to well and truly account
for
and deliver to the use of His Majesty one full clear tenth part of
any vessels, merchandise, moneys, goods, and wares that might be
captured by Kidd.Two
Commissions were granted to Kidd himself, the one, letters of
marque
in ordinary form, empowering him to capture French ships, and the
other, a special Commission authorizing him to apprehend, seize,
and
take four persons designated by name as pirates, Thomas Too, John
Ireland, Thomas Wake, and William Maze
alias Mace (none of
whom were found by him in the course of his wanderings), and also
any
other pirates, freebooters, and sea rovers, whom he might be
fortunate enough to catch, together with their ships, merchandise,
goods, and wares. How he was to satisfy himself that any persons
whom
he might come across were pirates, unless he caught them in the act
of piracy, and what the consequences to himself would be, if he had
the misfortune by mistake to kill persons whom he suspected to be
pirates, but of whose piracy he had no legal proof, or if by any
equally likely mischance he neglected to seize persons who were
pirates, but whom he could not prove to be such, does not appear
from
any of the verbose legal documents drawn up on this occasion. What
is
clear from them[2]
amongst other things is this, that they imposed on his men
conditions
which were likely to be and in the event proved to be very
unpalatable to them. The most important of these was that if they
took no prizes, the crew were to have no pay. Another condition was
that if the prize moneys were insufficient to meet the full amount
advanced by the four great men, the deficiency was to be made good
by
Kidd and Livingstone, both of whom were substantial men. In the
event
of the prize moneys amounting to one hundred thousand pounds,
the
Adventure Galley,
which turned out to be a leaky old vessel, was to become the
property
of Kidd. The great men therefore ran very little pecuniary risk,
and
obviously hoped to make enormous gains from the enterprise. But for
this expectation it is highly improbable that any of them would
have
embarked in the adventure.It
is, of course, very difficult at this distance of time to determine
with any certainty what amount of blame attaches to the several
personages concerned in this unfortunate business. Very grave
suspicion attaches to some of them. One thing, however, is
reasonably
certain, that no candid person who will now take the trouble to
look
into the case carefully, can come to any other conclusion than that
the balance of evidence is distinctly in favour of poor Kidd; and
that he was fully justified in the reply which he made to Lord
Chief
Baron Ward, when called upon to say why sentence of death should
not
be pronounced upon him. “My lord, it is a very hard sentence. For
my part, I am the innocentest person of them all.”