The Book of Buried Treasure. Ralph D. Paine
of the said Privateer, and then come in again and land the men supplied them from hence.
That what Provisions shall be expended within the said time, for so many men as are in both the said Vessels, be made good to them on their return, in case they take no purchase;4 but if they shall take the Privateer, or any other Vessels, then only a proportion of Provisions for so many men as they take in here.
If any of our men happen to be wounded in the engagement with the Privateer, that they be cured at the public charge.
That the men supplied from hence be proportionable sharers with the other men belonging to said Vessels, of all purchase that shall be taken.
Besides the promise of a Gratuity to the Captains, Twenty Pounds apiece in money.
Boston, June 8th, 1691.
To this thrifty set of terms, Captain Kidd made reply:
"Imprimis, To have forty men, with their arms, provisions, and ammunition.
"2dly. All the men that shall be wounded, which have been put in by the Country, shall be put on shore, and the Country to take care of them. And if so fortunate as to take the Pirate and her prizes, then to bring them to Boston.
"3rdly. For myself, to have One Hundred Pounds in money; Thirty Pounds thereof to be paid down, the rest upon my return to Boston; and if we bring in said Ship and her Prizes, then the same to be divided amongst our men.
"4thly. The Provisions put on board must be ten barrels Pork and Beef, ten barrels of Flour, two hogsheads of Peas, and one barrel of Gunpowder for the great guns.
"5thly. That I will cruise on the coast for ten days' time; and if so that he is gone off the coast, that I cannot hear of him, I will then, at my return, take care and set what men on shore that I have had, and are willing to leave me or the Ship."
These records serve to show in what esteem Captain Kidd was held by the highest officials of the Colonies. Such men as he were sailing out of Boston, New York, and Salem to trade in uncharted seas on remote coasts and fight their way home again with rich cargoes. They hammered out the beginnings of a mighty commerce for the New World and created, by the stern stress of circumstances, as fine a race of seamen as ever filled cabin and forecastle.
In the year 1695, Captain Kidd chanced to be anchored in London port in his brigantine Antigoa, busy with loading merchandise and shipping a crew for the return voyage across the Atlantic. Now, Richard Coote, Earl of Bellomont, an ambitious and energetic Irishman, had just then been appointed royal governor of the Colonies of New York and Massachusetts, and he was particularly bent on suppressing the swarm of pirates who infested the American coast and waxed rich on the English commerce of the Indian Ocean. Their booty was carried to Rhode Island, New York, and Boston, even from far-away Madagascar, and many a colonial merchant, outwardly the pattern of respectability, was secretly trafficking in this plunder.
"I send you, my Lord, to New York," said King William III to Bellomont, "because an honest and intrepid man is wanted to put these abuses down, and because I believe you to be such a man."
Thereupon Bellomont asked for a frigate to send in chase of the bold sea rogues, but the king referred him to the Lords of the Admiralty who discovered sundry obstacles bound in red tape, the fact being that official England was at all times singularly indifferent, or covertly hostile, toward the maritime commerce of her American colonies. Being denied a man-of-war, Bellomont conceived the plan of privately equipping an armed ship as a syndicate enterprise without cost to the government. The promoters were to divide the swag captured from pirates as dividends on their investment.
The enterprise was an alluring one, and six thousand pounds sterling were subscribed by Bellomont and his friends, including such illustrious personages as Somers, the Lord Chancellor and leader of the Whig party; the Earl of Shrewsbury, the Earl of Orford, First Lord of the Admiralty; the Earl of Romney, and Sir Richard Harrison, a wealthy merchant. According to Bishop Burnet, it was the king who "proposed managing it by a private enterprise, and said he would lay down three thousand pounds himself, and recommended it to his Ministers to find out the refit. In compliance with this, the Lord Somers, the Earl of Orford, Romney, Bellomont and others, contributed the whole expense, for the King excused himself by reason of other accidents, and did not advance the sum he had promised."
Macauley, discussing in his "History of England" the famous scandal which later involved these partners of Kidd, defends them in this spirited fashion:
"The worst that could be imputed even to Bellomont, who had drawn in all the rest, was that he had been led into a fault by his ardent zeal for the public service, and by the generosity of a nature as little prone to suspect as to devise villainies. His friends in England might surely be pardoned for giving credit to his recommendations. It is highly probable that the motive which induced some of them to aid his designs was a genuine public spirit. But if we suppose them to have had a view to gain, it would be legitimate gain. Their conduct was the very opposite of corrupt. Not only had they taken no money. They had disbursed money largely, and had disbursed it with the certainty that they should never be reimbursed unless the outlay proved beneficial to the public."
It would be easy to pick flaws in this argument. Bellomont's partners, no matter how public spirited, hoped to reimburse themselves, and something over, as receivers of stolen goods. It was a dashing speculation, characteristic of its century, and neither better nor worse than the privateering of that time. What raised the subsequent row in Parliament and made of Kidd a political issue and a party scapegoat, was the fact that his commission was given under the Great Seal of England, thus stamping a private business with the public sanction of His Majesty's Government. For this Somers, as Lord Chancellor, was responsible, and it later became a difficult transaction for his partisans to defend.
There was in London, at that time, one Robert Livingston, founder of a family long notable in the Colony and State of New York, a man of large property and solid station. He was asked to recommend a shipmaster fitted for the task in hand and named Captain Kidd, who was reluctant to accept. His circumstances were prosperous, he had a home and family in New York, and he was by no means anxious to go roving after pirates who were pretty certain to fight for their necks. His consent was won by the promise of a share of the profits (Kidd was a canny Scot by birth) and by the offer of Livingston to be his security and his partner in the venture.
An elaborate contract was drawn up with the title of "Articles of Agreement made this Tenth day of October in the year of Our Lord, 1695, between the Right Honorable Richard, Earl of Bellomont, of the one part, and Robert Livingston Esq., and Captain William Kidd of the other part."
In the first article, "the said Earl of Bellomont doth covenant and agree at his proper charge to procure from the King's Majesty or from the Lords Commissioners of the Admiralty, as the case may require, one or more Commissions impowering him, the said Captain Kidd, to act against the King's enemies, and to take prizes from them as a private man-of-war, in the usual manner, and also to fight with, conquer and subdue pyrates, and to take them and their goods, with such large and beneficial powers and clauses in such commissions as may be most proper and effectual in such cases."
Bellomont agreed to pay four-fifths of the cost of the ship, with its furnishings and provisions, Kidd and Livingston to contribute the remainder, "in pursuance of which Bellomont was to pay down 1600 pounds on or before the 6th of November, in order to the speedy buying of said ship." The Earl agreed to pay such further sums as should "complete and make up the said four parts of five of the charge of the said ship's apparel, furniture, and victualling, within seven weeks after date of the agreement," and Kidd and Livingston bound themselves to do likewise in respect of their fifth part of the expense. Other articles of the agreement read:
"7. The said Captain Kidd doth covenant and agree to procure and take with him on board of the said ship, one hundred mariners, or seamen,