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CHAPTER III
EVOLUTION OF THE SMUGGLER AND THE PIRATE

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AMONG the first acts of the English Parliament for the regulation of the commerce of the American colonies, notable here, was that passed in 1646, by which it was provided that no colonial produce should be carried away to foreign ports except in vessels under the British flag.

Since the days of Raleigh, who had done his utmost to create the sea habit among his countrymen, the English people had been growing jealous of the enterprising Dutch, who then were carrying the commerce of the world. This act was a measure to restrain the freedom of the Dutch carrying trade and to give it to English (including colonial) ships. In 1650, although England was yet torn by civil war, Parliament prohibited all foreign ships from trading with the colonies without first obtaining a license. A year later came the culminating act of the Protector's Parliament, "the famous Act of Navigation," as McCulloch calls it (London edition, 1839, p. 817). It provided that no goods produced or manufactured in Asia, Africa, or America should be imported into any part of the English domain except in ships belonging to English subjects whereof the master and more than half the crew were Englishmen. The importation of European goods was prohibited except in English ships, or ships belonging to the country where the goods were produced, or those of the country from which they could only be or were most usually exported. As is well known, this act was intended as a final blow at the Dutch carrying trade.

Consider, now, that "shipping" means one thing, "commerce" or "trade" another. While modern American "commerce" is increasing in a way that seems marvellous, American shipping has been almost entirely driven from the foreign "carrying trade." The English enactments relating to the colonies, from the settlement of Virginia down to and including the "famous Act of Navigation," were all designed to favor all colonial commerce as well as shipping.

After the Restoration, Parliament passed what is known as the Navigation Act of 1660, which was followed by another in 1663, which was still more stringent. The object of these laws, as expressly stated in the later act itself, was in part "the maintaining the greater correspondence and kindness between subjects at home and those in the plantations; keeping the colonies in a firmer dependence upon the mother country; making them yet more beneficial to it; … it being the usage of other nations to keep their plantation trade exclusively to themselves."

To this end it was first "enacted" (to quote McCulloch), "that certain specified articles, the produce of the colonies, and since well known in commerce by the name of enumerated articles, should not be exported directly from the colonies to any foreign countries, but that they should first be sent to Britain, and there unladen (the words of the act are, laid upon the shore), before they could be forwarded to their final destination. Sugar, molasses, ginger, fustic, tobacco, cotton and indigo were originally enumerated; and the list was subsequently enlarged by the addition of coffee, hides and skins, iron, corn [i.e. grain], lumber, &c."

That is to say, the colonists were compelled to take the enumerated products to England and there lay them "upon the shore." The restriction was laid upon the "commerce" of the colonists; there was no restriction upon the use of colonial ships.

The writer begs the indulgence of intelligent readers while he treats this matter as if for a kindergarten. From the days of McCulloch to the present time no one has sufficiently emphasized the difference between commerce and shipping, a distinction that must be made entirely plain before one can see clearly just how these navigation acts affected the American merchant marine.

Having compelled the colonies to send all their enumerated products to England (it was not necessary to sell them there; they could be reëxported under certain regulations), Parliament went still further in its effort to maintain a "greater correspondence and kindness" between the colonists and the home subjects, by enacting, in 1663, that "no commodity of the growth, production or manufacture of Europe, shall be imported into the British plantations but such as are laden and put on board in England, Wales, or Berwick-upon-Tweed," and in English-built shipping with an English crew.

The export trade of the colonies was to be restricted for the benefit of the merchants of England; so also was this import trade. Whether so intended or not, the restrictions resulted in a lowering of the prices of the colonial enumerated products when sent to England, because the market was glutted. At the same time the prices of the European products, which the colonist wished to buy, were, with few exceptions, greatly enhanced. The colonial producer was robbed by the artificial reduction of the selling price of his products, and the artificial increase of the price he paid for his European goods—robbed twice by arbitrary laws.

In 1672 Parliament passed another act still further to increase the "correspondence and kindness" existing between the colonials and the subjects living in the mother-country. A heavy tax was laid upon the commerce between the colonies.

"By these successive regulations," says Robertson, "the plan of securing to England a monopoly of its colonies … was perfected."

It should now be interesting to note the actual influence of all this legislation upon the colonial merchant marine. On July 4, 1631, Massachusetts had launched her first ship, a vessel of 30 tons. In 1676 Randolph reported that her people owned 30 ships of from 100 to 250 tons' burden, 200 of from 50 to 100 tons, 200 of from 30 to 50 tons, and 300 of from 6 to 10 tons, the latter being chiefly fishing smacks, though some were engaged in the coasting trade. The colony owned 430 vessels as large or larger than the Blessing of the Bay. Many ships were also owned in the other New England colonies. In 1678 New York owned "5 smale ships and a Ketch" that were in the coasting trade.

Sir Josiah Child, a notable Englishman engaged in the trade with America, said, in a book which he wrote on commercial matters:—

"Of all the American plantations his Majesty has none so apt for building of shipping as New England, nor any comparably so qualified for the breeding of seamen, not only by reason of the natural industry of that people, but principally by reason of their cod and mackerel fisheries." And to this he adds a statement which for the first time gave expression to what has since been known as the "American Peril." He said, "And, in my poor opinion, there is nothing more prejudicial and in prospect more dangerous to any mother kingdom than the increase of shipping in her colonies."

All this is to say that while Parliament had passed three acts that were confessedly intended to prohibit a part, and hamper all of the colonial trade, except that with the mother-country; and while these acts had proved injurious and vexatious to the colonial producers and merchants, the colonial shipping, the merchant marine, had had such a vigorous growth that it was alarming the ship-owners who lived in England.

This condition of affairs becomes all the more interesting when it is remembered that a restriction of colonial trade was likely to affect colonial shipping indirectly, at any rate; that is, through a reduction in the amount of cargo to be carried. This injury was sure to appear in any reduction of trade between the colonies, and it was certain to affect the ships trading on owner's account first of all.

One easily finds a variety of reasons why colonial shipping had grown so rapidly in spite of legislation adverse to trade. For one thing, good ships were built in New England for £4 per ton burden—carrying capacity; the cost in England was higher. Charnock says it was a little less than £6 there, while Sir Josiah Child says it was from £7 to £8. Whatever the difference, it is a memorable fact that the mechanics in New England received higher wages than those in the old country.

Naturally many merchants of England bought colony-built ships, and this proved beneficial indirectly to all colonial shipping. The New England shipyards were full of orders the year round. The percentage of the inhabitants engaged in building ships and in supplying the ships' builders with forest and farm products was therefore very large. These forest and farm owners, as well as the shipyard hands and the crews of colonial vessels, helped to cultivate the sea habit among all the people. Then the farms were all within driving distance of navigable water; all farm surplus exported, either abroad or to other colonies, went in ships, and the farmer from the most remote plantation was not unlikely to see his produce loaded upon a ship of some kind. In fact, many a man behind the plough could "hand, reef and steer."

Reference has already been made to the resourcefulness of the American seaman of the period, but it may be said again that the manner of life of the people—the fact that "even at the end of the colonial period the average American led a life of struggling and privation"—made American crews the most efficient in the world. Captain John Gallop, in a sloop of twenty tons, manned by two men and two boys, was, in 1636, not only able to take care of his vessel in a gale of wind but to retake another sloop that had been captured by the Indians. Many vessels traded to the West Indies with but five men and a boy on board. Raleigh had mourned because Dutch ships, in his day, needed no more than half as many sailors as English ships, but in 1676 the New England ships needed less than the Dutch or any other ships. It was when contemplating a New England ship manned by a New England crew that Sir Josiah Child discovered the "American Peril." He saw that a colonial ship manned by a colonial crew was more efficient than the same ship manned by any other crew, and that is a most important fact in this story.

A most interesting cause of the growth of the colonial merchant marine is found in the bounties which the navigation laws offered to, and the facilities they provided for, those who would engage in clandestine trade. It was unlawful to carry tobacco from the colonies direct to a foreign port, but the export of fish and staves was permitted. Importations of salt were permitted, but Spanish iron must be purchased in England at a time when Spanish iron was the best in the world for ship-builder's use. The restriction on tobacco lowered the price in the colonies; that on the iron raised the price there. If tobacco were clandestinely exported direct to Spain and iron brought directly home, the ship made far greater profits than in the days before the hated laws. Moreover, the smuggled cargo paid no tariff-for-revenue dues or port charges. And it was easy to smuggle in any kind of a cargo.

In connection with this provision of a bounty on smuggling, consider the influence of the fact that the laws were intentionally unfair to the colonists. The colonists resented the injustice, and all the more because their trade previous to the enactment of the laws had been free. Then the conditions under which the laws were enforced were inquisitorial and otherwise vexatious. A time came when forts were built and revenue cutters were provided for the enforcing of the laws, and the officials of forts and cutters were insolent and overanxious to confiscate accused ships.

Recall, now, the mental attitude of the colonists toward all authority. Some had emigrated from England to escape religious tyranny. Many had come over as indentured servants, looking forward to a time when they should be free, and become men of influence. Then all the conditions of colonial life, and especially its dangers, cultivated a feeling of manly independence of all authority. Finally, the colonists had from the first made at least their local laws according to their own standards of right.

"It is not unknown to you that they look upon themselves as a free State … there being many against owning the King, or having any dependence on Engld." (Letter dated March 11, 1660.)

In short, the colonists had been rapidly developing the American habit of doing what they happened to believe to be right, regardless of the law in the case, and they called, or were to call, this habit an appeal to the "higher law."

Inspired by honest indignation and an opportunity to increase their profits, the colonial ship-owners and crews, with much unanimity, appealed to the "higher law."

Smuggling began as soon as attempts were made to enforce the law. It was estimated that the losses to the British revenue through the direct sale of tobacco to the Dutch at Manhattan Island previous to the year 1664 amounted to £10,000 a year. When, in 1665, the king took notice of colonial dereliction, by issuing instructions for a strict enforcement of the laws, the General Court of Massachusetts replied that they were not conscious of having "greatly violated" them. In 1776 Edward Randolph was sent over especially "Impowered" to prevent "Irregular Trade," and the letters he wrote to the "Lords Commissioners of the Council of Trade and Plantations"[1] are full of references to the ways of the smugglers. Other letters of the period, especially those of Governor Bellomont, are similarly interesting.

At first the evasions were quite open. It is related that Skipper Clæs Bret loaded the ship De Sterre in the Chesapeake "in the name of an English skipper," and sent her to the Island of Jersey. Virginia officials must have aided this transaction. Weeden quotes from the Massachusetts archives the story of another Dutch skipper whose ship was seized because he "broake his word to the Governor in not clearing his ship to belong to the English." Governor Andros, who tried to enforce the laws, complained because there were "noe Custom houses," and because the "Governor of Massachusetts gives clearings, certificates and passes for every particular thing from thence to New York" without inquiring whether these things had been lawfully imported into Massachusetts.

The king's instructions to Governor Dongan tell him how "to prevent the acceptance of forged Cockets (which hath been practiced to our great prejudice)." A cocket is a document given by a customs officer to a merchant as a certificate that the goods have been entered according to law. Randolph reported (April, 1698) that he had asked the Governor of Pennsylvania "to appoint an Attorney Generall to prosecute" certain men who had aided in an evasion of the laws, "but he did nothing in it." In the same year Randolph was arrested in New York by aggrieved merchants because he had, as he alleges, seized a smuggler in Virginia, and although his case seems now to have been according to law, Governor Bellomont had much difficulty in getting him out of jail. No one sympathized with a revenue official.

Before Bellomont's time no official except Governor Andros had tried to enforce the navigation acts. When Bellomont took office, he found all New York opposing him in his efforts to enforce them. When the ship Fortune, Captain Thomas Moston, came to port, bringing cargo worth £20,000 direct from Madagascar (where it had been purchased of a gang of pirates), and Bellomont asked Collector of Customs Chidley Brooks to seize her, he replied that "it was none of his business, but belonged to a Man of Warr; that he had no boat; and other excuses; and when I gave him positive commands to do it, which he could not avoid, yet his delay of four days" gave the smugglers time to unload and conceal all of the cargo except a part estimated to be worth £1000. Thus runs one of Bellomont's letters. He also acknowledged that several cargoes had already been smuggled in without his learning the fact until it was too late to intercept them.

In Boston, as Bellomont learned, there were various ways of smuggling. "When ships come in the masters swear to their manifests; that is, they swear to the number of parcels they bring, but the contents unknown; then the merchant comes and produces an invoice, and whether true or false is left to his ingenuity."

"If the merchants of Boston be minded to run their goods," he continues, "there's nothing to hinder them. Mr. Brenton, the Collector is absent and has been these two years; his deputy is a merchant; the two waiters keep public houses, and besides that, that coast is naturall shap'd and cut out to favour unlawful trade." It was a "common thing to unload their ships at Cape Ann and bring their goods to Boston in wood boats." If that were thought too expensive the goods could be "run" within the city, where there were "63 wharfs," or in Charlestown, where there were fourteen more, all unguarded. French and Spanish ships were bringing many goods to Newfoundland and the ports of Canada, where they met New England ships ready to "swap" cargoes. There was lively trade carried directly to the ports of Canada and to the French and Spanish ports of the West Indies.

After returning to New York from Boston, Bellomont wrote that "Nassaw alias Long Island" was notorious for smugglers and pirates. "There are four towns that make it their daily practice to receive ships and sloops with all sorts of merchandise, tho' they be not allowed ports." They were "so lawless and desperate a people" that the governor could "get no honest man" to go among them to collect the revenue. From Long Island the goods were brought to New York by wagons and small boats. "There is a town called Stamford in Connecticut colony" where "one Major Selleck lives who has a warehouse close to the Sound. … That man does us great mischief with his warehouse for he receives abundance of goods, and the merchants afterwards take their opportunity of running them into this town." During Bellomont's time Selleck's warehouse was the favorite resort of the merchants doing business with the Madagascar pirates. Selleck had £10,000 worth of the goods which Captain Kidd brought from the East.

Turning now to the stories of the pirates, we read that when one Captain Cromwell, a pirate with three ships, manned by eighty men, came to Plymouth in 1646, and remained five or six weeks with the Pilgrims, Governor Bradley referred to the visit in these words:—

"They spente and scattered a great deal of money among ye people, and yet more, sine, than money."

The statement that the Pilgrims (of all others!) entertained the pirates so well as to detain them for weeks in the harbor is somewhat shocking to one not fully acquainted with the conditions of commerce in that period. The facts regarding the pirates seem worth, therefore, some consideration.

While pirates were found upon the ocean as soon as other ships in the early history of the world, some of the piracy affecting the early commerce of the colonies grew out of a curious system of private reprisals that was previously countenanced by European governments. Thus, when the Inquisition in the Canary Islands seized the property of Andrew Barker, an Englishman, in 1576, and he was unable to obtain redress from any Spanish authority, he, with the permission of his government, "fitted out two barks to revenge himself." He captured enough Spanish merchantmen to recoup his loss with interest. His commission was called a letter of marque and reprisal.

Then recall the system of forcing trade that was practised in the West Indies. Sir John Hawkins sold slaves to the Spanish at the muzzles of his guns. Eventually Sir John's fleet was "bottled up" in Vera Cruz by a Spanish squadron and destroyed. Drake was one of the men ruined by this act of Spanish "perfidy," and to recoup his losses he began the series of raids by which he acquired fortune and a title.

Reprisals led to wanton aggressions, like those of the buccaneers, and wanton aggressions produced reprisals again. All governments encouraged their merchantmen to rob those of rival peoples as a means of promoting commerce, just as the warring fur traders on the American frontier were encouraged in their fights waged to the same end.

The encouragement of reprisals was at all times more or less covert. In war times the armed merchantmen were openly commissioned and sent afloat not only to prey upon the ships of the enemy but upon those of neutral powers as well. It was the theory of all statesmen that the best way to encourage the shipping of one nation was to injure as much as possible, and by all means, the shipping of all rivals. As late as the end of the eighteenth century the Barbary pirates were subsidized by some governments to encourage them to prey upon the shipping of rivals.

At one time the privateer captain was the judge of the offending of the neutral. Later, when privateers were obliged to carry captured ships before a court of admiralty, the difference between the robbery as committed by the privateer and the confiscation ordered by the court was found only in the course of procedure.

A theorist here and there denounced the systems of reprisals and privateering. Governor Bradford was worried somewhat by the doings of Cromwell's men. Government officials denounced as pirates the privateers who smuggled in goods instead of bringing them in openly and paying the usual fees and duties. But the state of civilization warranted the Pilgrims in the warmth of the reception they gave to the pirates.

How far the piratical cruisers influenced the American merchant marine is not definitely told in the documents, but it is certain that damage was inflicted. We get a glimpse of a vicious raid in the story of a French pirate (perhaps he had a commission, however) named Picor, who landed on Block Island in July, 1689. The pirates "remained in possession of the island, plundering the houses, and despoiling it of every moveable thing," for a week. Two of the islanders were tortured to make them reveal the hiding-place of valuables, and two negroes were killed.

From the island the pirates went to New London, but they were driven away. On sailing toward the open sea once more, they were intercepted by two armed sloops that had been sent out from Newport under one Captain Paine. A Naval History of Rhode Island says that Paine had "followed the privateering design" in former years as a lieutenant under Picor, and that the Frenchman, on recognizing him, fled, saying he "would as soon fight the devil as Paine."

In the Canadian Archives (1894) are two stories of raids upon French possessions, made in one case by "Englishmen" (they took Quebec), and in the other by "the people of Massachusetts."

Many letters charging various colonies with encouraging pirates are found in the old documents. Rhode Island, New York, and the two Carolinas were accused in this way more frequently than the others, and New York was the chief offender in the days of Governor Benjamin Fletcher (1692–1697). While the buccaneers were ravaging the Spanish mainland, another horde found opportunity in the conditions prevailing on the coast of Asia. These latter pirates formed a settlement upon Madagascar Island, wherein gold and jewels were abundant, but such products of civilization as rum and weapons were scarce and much wanted. New York merchants usually supplied these wants, but New Englanders sent them at least one cargo of masts and yards for their ships. The merchant captains engaged in this supply trade also took a turn at piracy whenever opportunity offered. Governor Fletcher did a thriving business in supplying captains with commissions when they sailed, and "protections" when they returned. Captain Edward Coates, of the ship Jacob, said that he paid £1300 for "his share" of the price of the commission with which the ship sailed. At the end of the voyage the crew "shared the value of 1800 pieces of eight, a man." Fletcher took the ship, valued at £800, for his bribe when he allowed Coates to land the cargo. The sailors had to pay the governor from seventy-five to one hundred pieces of eight for "protections."

Captain Giles Shelly, of the ship Nassau, carried rum which cost two shillings a gallon to Madagascar, and sold it for from fifty shillings to three pounds a gallon. "A pipe of Madeira wine which cost him £19 he sold for £300."

Captain William Kidd was the most notorious of the captains engaged in the Madagascar trade, but the story of his career is interesting chiefly because of the light it throws upon the state of civilization then prevailing. His troubles began when Lord Bellomont and some other noble lords of England fitted out a private armed ship to go to Madagascar and rob the pirates. Bellomont describes this venture as "very honest." Kidd was chosen to command the ship—The Adventure Galley. On arriving at Madagascar, he found that the pirates had a stronger ship than his, and he was afraid to attack them. The crew had been shipped on the usual privateer plan of no prize, no pay, and on finding they were to get no prize they became mutinous. Many of them deserted to the pirates of the island. In a half-hearted effort to maintain discipline among those remaining, Kidd hit a man with a bucket and happened to kill him. Then he went cruising, pirate fashion, and captured a ship belonging to "the Moors," which was valued at £30,000. In this ship Kidd sailed for home. He learned, on the way, that he had been proclaimed as a pirate. Bellomont had been accused by political enemies in Parliament of fitting out a piratical cruiser, and being unwilling to face the charge by telling the facts frankly, he shuffled, told falsehoods, and eventually made a scapegoat of Kidd, who was hanged (May 12, 1701).

That this man, who at worst had killed one man in a sea brawl, and had taken one ship, should have had ballads written about him in which he was described as "bloody" is one of the most remarkable facts in the history of the sea. But that he should have been referred to ever since in all literature as a typical pirate is still more remarkable.

A book, Hughson's Carolina Pirates and Colonial Commerce, has been written to tell about the deeds of such men as Bane, Stede Bonnet, Moody, and Edward Thatch, or Blackbeard, but it has little to say about the influence of the pirates upon commerce, because there is little to say. The pirates mentioned captured a few ships, American as well as English, and for brief periods interrupted the trade of various ports. On the other hand, some of them supplied the colonists with low-priced goods, and at times the only coin in circulation was that brought in by the freebooters.

On the whole, in a financial point of view, the pirates benefited the young merchant marine more than they damaged it. In anticipation of attacks by pirates, all ships in deep-water trade carried cannon, and some coasters did so, especially in the longer voyages. In the trade with Spain and Portugal and the Canary Islands the American vessels were often chased, and sometimes captured, by Barbary pirates who had learned their trade from European renegades. New England ships in the West Indies were always obliged to keep a sharp lookout for piratical cruisers under French and Spanish flags. But these aggressions were not an unmixed evil. For such conditions increased freight rates and the profits on cargoes carried on owners' account. Thus the freight rate from Boston to Barbados, in 1762, was "14 per ton or four times former rates," and all because of pirates. Sure fortune came to the ship captain who was equal to the emergencies of the trade. Dangers cultivated the courage and enterprise of the crews. In a still broader view the habits of a people soon to become an independent nation were forming, and it was well worth while for some of them to learn how to swim in rough water.

The Story of the American Merchant Marine

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