USA > Rhode Island > Providence County > Providence > State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 1 > Part 58
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73
At the June session, 1684, a letter to the governor was read from Sir Lionel Jenkins, one of the king's principal secretaries, with a proclamation for the suppressing of privateers and pirates which had infested the seas and involved Great Britain in serious controversies with nations with which she was at peace. This proclamation was published in Newport by the beat of the drum, and the recorder was ordered to read it in three of the most public places there. The Assembly, in consequence, passed an act, in the preamble of which it
537
THE SEA FORCE IN WAR TIME.
is asserted that His Majesty's subjects "have and do continually go off from the Colony unto foreign Prince's services and sail under their commissions, contrary to their duty and good allegiance, and by fair means cannot be restrained from so doing".
This act made it felony for any person, inhabiting or belonging to the Colony, to serve in any hostile manner under foreign prince or potentate in amity with his Majesty, without a license from the gov- ernor. It was further ordered that all treasons, piracies, murders, etc., committed on the high seas, or in any haven, creek, etc., shall be tried the same as if such offense had been committed upon the land, before the Court of Admiralty. It was also made a crime for any one knowingly to entertain, conceal, trade, or hold correspondence with any one supposed to be pirates or connected with privateers.
There evidently was reason for the enactment of this law, not only that the colonists had engaged in the service of foreign powers, but that they had given countenance if not protection to privateers which had entered the waters of Narragansett Bay, for we find that numerous complaints were made to the government to this effect. In a letter from the Board of Trade to the Governor and Company of Rhode Island, dated the 9th of February, 1696-7, they say that they have received such complaints, and that many persons have deserted their homes and joined privateers to the great dishonor of the English . nation. They also direct that in future "no pirate or sea robbers be anywhere sheltered or entertained, under the severest penalties". In the trial of Avery's crew in London for piracy, it was stated that "Rhode Island was a place where pirates are ordinarily too kindly entertained"; and that several privateers whose names were men- tioned, among them William Mayes, were actually fitted out in the Colony.
Governor Cranston, in reply to the Board of Trade, says: "That things are misrepresented to his Majesty and your Lordships and that the Government of Rhode Island was never concerned in, nor coun- tenanced, any such thing"; that Mayes, the capital pirate alluded to, "had his Clearance from the Custom house at Newport, to go on a trading voyage to Madagascar with a lawful Commission from the Government, to fight the French, his Majesty's enemies; and the best information we have is, that Captain Avery and his men plundered him. And we very much suspect, too, that they have destroyed him and his company, for none of them are yet returned; nor has any news been yet received of said Mayes or any of his party". The gov- ernor further says : "Upon the receipt of your line and the mandates from His Majesty, the General Assembly immediately issued a procla- mation for the apprehending of all persons suspected of Piracy, a copy of which Proclamation is herewith enclosed to your Lordships ; and, furthermore, that we have seized two persons and their moneys,
538
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
Robert Munday and George Cutler, who, upon examination, do deny that they have been further than Madagascar. But we shall endeavor to search out the truth, and bring them to trial", etc. Accompanying this letter was the proclamation for the apprehension of "all pirates and especially Henry Avery and his company", and for the prohibi- tion of all persons "from entertaining the said suspected pirates of their goods", etc.
A few weeks after Governor Cranston had written to the Board of Trade Edmund Randolph addressed the board on Rhode Island affairs, from Boston. He says that not long before he came to Rhode Island, "eight Pirates came from Fisher's Island with a great deal of money and East India commodities, which they brought in their brigantine from Madagascar, now lying in New York. That six of these men escaped to Boston with their goods and moncy; but that Robert Munday and George Cutler were seized, and about £1,500 taken from them, which money was retained by the Governor. That they were put in prison, and, soon after, by the Governor's order, ad- mitted to bail, one of the Governor's uncles, Gresham Clarke, being their security". Randolph further asserts that these men made their escape, "leaving their money to be shared by the Governor and his two uncles, who have been very great gainers by the Pirates who have visited Rhode Island; and that three or four vessels have been fitted out here for the Red Sca". He also asserts that several officers of the government have enriched themselves by countenancing the pirates; and that the deputy-governor, John Greene, has granted a commission to one of the pirates, without any security given by the master. In a fortnight, Randolph says, he has been informed that the governor of Rhode Island intends to appoint a court for the trial of Munday and Cutler and, if no one appears to prosecute them, to acquit them and deliver them their money.
Governor Easton, in a declaration, states that John Greene, of Warwick, while deputy-governor, gave a commission to John Bankes, a privateer, who had come into Newport with Thomas Tew, as he, Easton, had refused them a commission "to go out on any such designs as they went upon". The Board of Trade was not satisfied with the explanations made by the Governor and General Assembly of Rhode Island, and addressed to that body a scathing reply, de- manding more specific information, regretting that Munday and Cutler's "other six companions had not also been captured", and call- ing for "authentic copies of all the proceedings", etc.
Two months after writing the letter of the 25th of October, 1698, to the Governor and Company of Rhode Island, the Board of Trade made a "Representation", or complaint to King William in relation to Rhode Island, a copy of which was transmitted to the General Assembly of the Colony. In this complaint they went over the whole
539
THE SEA FORCE IN WAR TIME.
ground of the alleged capture of the pirates, and the encouragement claimed to have been given them and the issuance of the commissions. This complaint was dated Whitehall, December 21, 1698. When this document was read before the King in Council, January 5, 1698-9, a Commission of Inquiry was ordered to be dispatched to procure legal evidence in relation to the charges. This commission was armed with a list of questions to which they were required to obtain replies, and full instructions on other matters. With reference to the administra- tion of government in the Colony and the granting of commissions to privateers, these instructions said :
"The subjects upon which you are to make more particular in- quiries, are the officers in any part of the administration of the gov- ernment, and the legality of their qualification for the execution of their respective offices. The constitution of their militia. The Com- missions of War, which they have, at any time, granted to commanders of ships, and their conduct in relation to piracy or to persons either known or who might reasonably have been suspected to be guilty thereof; and also in relation to illegal trade and traders".
Governor Cranston, under date of May 27, 1699, addressed the Board of Trade in reply to the charges of misdemeanor, a temperate letter in vindication of the Colony relative to privateers and piracy, in which he expressed the loyalty of the colonists to the king; their will- ingness to be guided by royal instructions, and supply information and explanation upon all phases of the subject. To this letter the Board of Trade replied in terms of unusual severity for an official communica- tion, claiming that the commissions in question, of which the Board had received copies, gave "power to take, slay, burn, and utterly destroy his Majesty's enemies' vessells, goods, &c., and to make prize, &c.", and asked, "Are these defensive Commissions?" Speaking of the governor, the communication said, "it is evident that he has highly transgressed, not only by omitting to take bonds, but in granting any Commission whatsoever", etc.
In September, 1699, the Earl of Bellomont, by virtue of his com- mission, visited Newport "to make inquiry and examine into the dis- orders, irregularities and maladministrations committed and practiced by and within the Government". The result of his inquiries is incor- porated in a report which he made to the Lords Commissioners of Trade and Foreign Plantations, dated Boston, November 27, 1699. The report begins by stating that the people "seem to have wholly neglected the royal intention, and their own professed declaration, recited in their Charter, of godly edifying themselves and one another, in the holy Christian faith and worship, and for gaining over and con- version of the poor ignorant Indian nations". Continuing, "that the generality of the people are shamefully ignorant and all manner of
540
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
licentiousness and profaneness does greatly abound, and is indulged within the Government". Regarding naval matters, it continues :
"Deputy Governor Greene, during the time of the late War, granted severall sea Commissions under the publick Seal of the Collony unto private men of war (otherwise pirates), expresslly con- trary to the will of the Governor, then in the actual exercise of the Government; and, notwithstanding his forbidding the same, took no security of the persons to whom the same were granted, nor could he tell by the contents of them, who was to execute the same, being directed in an unusuall manner to the Captain, his assignee or assignees; and otherwise full of tautologies and nonsense. And all the vessels whereof the commanders were so commissionated went to Madagascar and the seas of India, and were employed to commit piracy. The said Greene is likewise complained of for exercising divers other exorbitant and arbitrary acts of power, under color of his office.
"The government is notoriously faulty in countenancing and har- boring of pirates, who have openly brought in and disposed of their effects there; whereby the place has been greatly enriched. And not only plain breaches of the Acts of Trade and Navigation have been connived at, but also manifest and known piracies, and all that has been done by them on pretence of seizing and taking up of known pirates, has been so slender, weak and not pursued to effect, as plainly demonstrates it was more in show than out of any hearty zeal or desire to suppress and bring such notorious criminals to justice, and their care has so little therein, that when they had some of the greatest of those villains in their power, they have suffered them to escape."
In the journal of his visit to Rhode Island the Earl of Bellomont says he made inquiry of Governor Cranston about a man named Gillam, who had been for some time on the island, and had come as a passenger with Captain Kidd from Madagascar, but that no complaint had been made against him. Peleg Sanford, however, made a different statement to the earl relative to this Gillam, who, he said, was a pirate and was then in Newport with other pirates; and that "such men are here countenanced, entertained, and concealed, as will appear by the evidence enclosed"; "that for such as are seized and committed, bonds to the amount of £2,000 or £3,000 are forthwith given for them; and having thus obtained their liberty, they gave notice unto their wicked companions, whereby they know how and where to conceal them- selves".
Although it is evident from the information obtained by Lord Bellomont in his visit to Newport that public business in the Colony was not conducted with the regularity required, and that irregularities had and did still exist, particularly in the granting of privateers' com- missions, it does not appear that there was any complicity between
541
THE SEA FORCE IN WAR TIME.
the authorities of the Colony and the parties engaged in piracy, as might be inferred from the report of his lordship. The facilities with which commissions for letters of marque were obtained during the wars with Holland, France and Spain, induced many adventurers to resort to Rhode Island for that purpose; while the advantages of the fine harbors of Narragansett Bay led the owners of these privateers to not only fit them out here, but also to return to Newport with their booty. These enterprises, which were a legitimate part of warfare, induced numbers of sea-faring men to quit their more legitimate pro- fessions and resort to privateering. Originally they embarked on their voyages with good and legitimate intentions; but it is apparent that some of them became on too intimate terms with pirates and may have purchased a share in their booty. The notorious William Kidd was within our waters, where he landed portions of his ill-gotten treasure, as appears from the evidence laid before the Earl of Bellomont. Sev- eral of his men, charged with piracy, also took refuge here and on the east end of Long Island, where they were sought by the authorities at the instigation of his lordship. Kidd was taken in Boston, and although some of his companions were arrested in Rhode Island, most of them eluded capture. The British government sent a ship to Boston for Kidd and his associates in prison, who were taken to Eng- land and executed.1
At the June session of the Assembly, 1704, Governor Cranston announced that a Spanish prize had been brought in by Captain Halsey of the brigantine Charles, a privateer commissioned by him
1The following is among the Warner Papers so called in the custody of the Record Commissioners of Providence. From its appearance it would seem to be a copy and not an original, although it was evidently written many years ago. It is introduced here for its seeming connection with the notorious Kidd.
To John Bailey, Esq., New York. Sir: I fear we are in a bad situation. We are taken for pirates and you must come to Boston as soon as you get this; there is no one I can depend upon. The man who brings this to you cannot read it, he knows nothing what is in it. You must come as soon as you get it or I may not see you before I am carried to England. If I do not see you I will tell you where my money is, for we have plenty of that if it will do any good it is . . . is buried on . . . Island in Boston Harbor on the . . . Island in two chests containing from £15,000 to $20,000 sterling in money jewels and dimonds. They are burried about four feet deep with a flat stone on them and a pile of stone near by. There is no one that knows where it is but me now living as Dick Jones and I hid it when part of my men were in Boston and the rest asleep one night: it is about . . up the hill side I want to see you before we are carried to Old England if possible. If not you must get all the witnesses in my favour and the best of counsil to help you. I want you to see Col. Slaughter and John Nicholds and James Bogard and Capt. Housen and Edward Leach and all that can do me any good. Say nothing to them about the money or that I have wrote to you. You know my old friends in New York and who will help me. That Moore scrape is the worst part of my case. I think my interest with Lord Belmont and my two commissions and some French papers I have with me and my men running away to the pirates to Calafero and other things are in my favor All may be safe yet. They
542
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
against the French and Spaniards, "pursuant to the declaration of war and the partieular commands of Her Majesty, Queen Anne". He stated that Captain Halsey had asked for a condemnation of the prize by Colonel Byfield, judge of the Court of Admiralty; but that the judge, after having taken steps towards her eondemnation, pretended that she was not taken by a lawful eommission. Byfield furthermore alleged that the government of Rhode Island had no authority to grant any commissions to private men-of-war, and in eonsequenec suspended the act of condemnation. Governor Cranston thought the refusal of the judge of admiralty a contempt of the queen's authority, a detri- ment to her majesty's interests in the Colony, and a great injury to the captors of the vessel. The General Assembly, too, after debating the matter and considering the privileges granted by the eharter, the declaration of war and the instructions sent from time to time to the government, did not hesitate to declare that the governor of the Colony, by permission of the Assembly, had full power to grant eom- inissions to such vessels to go against and annoy her majesty's enemies. They further declared that the governors were fully justified in their proceedings in these matters, provided they had taken, and should continue to take, bonds and do all things required by law relating to men-of-war. These views Governor Cranston fully explained in a letter to Byfield, dated June 16, 1705, to which the latter replied on July 19, 1705, explaining his position in the matter at length. From his decision the owners of the brigantine Charles which eaptured the Spanish vessel-Nicholas Paige, John Coleman, Benjamin Gallup, and John Walker, of Newport-appealed to the governor of Massachusetts
think I have money buried down at Plymouth or down that way some where, they don't think it is so near to Boston, but they shant have my money and life too. Don't fail to come to me as soon as you get this. I enquired the best way by land to N. York and told him to go to Worcester and then to Quabog an Indian town where Maj. Willard fought the ingians, there is a pond and a stream leading to Connecticut River and down to Hartford and by water to New York and to give this to you himself Say nothing to him about me or that you ever saw me but come without fail or if I am gone to England be there as soon as possible. Secure the money and diamonds before you come as money will do a great deal for us. It will buy a great many people and all the poor ones I want in my favour. Keep dark in N York, say nothing to any but my friends. Don't fail to be in Boston before I am carried to England as I can tell you more than I can write and better what I want. I told the man who brings this to you if he met with any trouble or was taken by the Indians to hide his papers in some safe place where he can find them if he gets away. I will put them in glass for if he should get them wet or anything happens to him they will be safe. I can't think of any thing more to write now, but will tell you all when you come. They keep me well and are kind to me here. This from your friend ROBERT KID.
Boston 1700-1.
N. B. Come soon without fail and I will tell you more and all about the money it is on . . . island about . . . down the harbour of Boston they don't think it is so near to Boston. But you must keep dark here, say nothing to any one here about me till you see me. R. KID.
543
THE SEA FORCE IN WAR TIME.
and New Hampshire, who, in addition to being governor of those Colonies, was vice-admiral of the seas and maritime ports of Rhode Island, as well as of the other two Colonies. Governor Dudley, on the 27th of June, wrote to Colonel Byfield at Bristol, stating that "if speedy proceedings and condemnation be not made, all the cargo of the prize will be embezzled or lost"; and that as it was no fault of Captain Halsey's, but an error of Governor Cranston's in granting the commission, he advised the condemnation of the prize and cargo; the particulars of this transaction, he said, he would represent to her majesty, the queen, and in conclusion says, he is "informed that the governor as well as the people in that Colony are in such disorder, that he cannot advise any other method of proceeding".
Governor Dudley appears to have entertained no friendly feeling toward Rhode Island, for we find him, in November, 1705, in pur- suance of the commands of the Board of Trade, preferring most serious charges against the Colony in a communication addressed by him to that body. The charges are only a repetition of those before made to the king, which the Earl of Bellomont had made the subject of his visit to Newport some years before. Besides the specifications which charged the Colony with a non-observance of the acts of trade and navigation, the too free granting of commissions to privateers, and the protection given to freebooters, Governor Dudley complains that she did not "furnish her quota of troops towards the fortifying of Albany and assisting of New York"; and "for not giving due assistance to the Colony of the Massachusetts Bay against the French and Indians". These go to show of what importance our little Colony was a hundred and seventy-five years ago, when the greater Colonies of New York and Massachusetts required her to furnish aid to repel the French and Indians on their borders hundreds of miles distant; and, at the same time, too, when the home government was calling upon her to send out her private men-of-war against the enemies of England. In this state of things it is not surprising that the people, in choosing between the demands of their sovereign, Queen Anne, to annoy hier enemies at sea, by sending out private armed ships against theni, and the demands of her sister Colonies for aid, should have given the preference to the former service. In that, the people of the Colony who fitted out ships at their own expense derived a direct pecuniary advantage when they succeeded in capturing the vessels of the enemy and obtained their condemnation by the Court of Vice-Admiralty. But in the latter case they had no direct interest. The French posts on the frontiers of Canada and Acadia were at a great distance; they were separated from the English colonies by dense forests which were occupied by hostile Indians, and neither glory nor advantage was to be derived from contact with such enemies. The people thought, too, that Massa- chusetts with her more numerous population, should be able to protect
544
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
her own frontier. These seem sufficient reasons why they did not furnish the aid required of them by the Colonies of Massachusetts and New York. The same eauses explain why so many of the young men of these same Colonies left their homes, which was another subject of complaint by Governor Dudley, where they were obliged to serve against the Indians, as well as to contribute by taxes for the support of maintaining these wars.
In quoting from Governor Dudley's letter it is neeessary to give only those parts which refer directly to the subjeets under discussion. He wrote under several heads which he "humbly offered to his Lord- ship" as sufficient "to make out the partieular charge", from which the following are taken :
"1. That the Government of Rhode Island does not observe the Acts of Trade and Navigation ; but countenanees the violation thereof, by permitting and encouraging of illegal trade and piracy.
"2. That Rhode Island is a receptacle of pirates, who are en- eouraged and harbored by that Government.
"3. That the Government of Rhode Island harbors and protects seamen, soldiers and servants that desert from other of her Majesty's Plantations, and will not deliver them up when they are claimed, ete.
"9. That the Government have refused to submit to her Majesty's and His Royal Highness's Commissioners of the Admiralty and for commanding their Militia; and have defeated the powers given to the Governors of her Majesty's Colonies, in this behalf.
"18. That two privateers, Lawrence and Blew, commissionated by Colonel Dudley, took a Spanish ship upon the coast of Cuba, which they brought into Rhode Island, where the men were debauched by that Government and prevented from sailing to their commissioned port, where they would have been made aecountable for her Majesty's dues and the rights of the Lord High Admiral. And, although he wrote to the Captains, direeting them to bring their said prize to Bos- ton, where they had received their Commission, and where the owners and sharers dwelt; but, on the contrary, the receiver of her Royal Highness's dues was hindered from receiving the same.
"All which is humbly submitted by your Lordships' most humble servant, J. DUDLEY.
"BOSTON, November 5, 1705."
Dudley sought out all who had any cause of discontent against Rhode Island, procured affidavits fron them, and lost no opportunity to render the Colony as obnoxious as possible in the eyes of the king and his ministry. Among the complaints was the outrage upon the French settlers some years before, the partieulars of which were set forth by Pierre Ayrault in a remonstrance to Governor Dudley. To add to the bulk of the evidence he procured depositions in New York
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.