Pirates and privateers influenced early American colonial history from its beginning.  The original colonies depended on trade for survival.  For example, in Virginia, the first large colony, trade involved the sale of tobacco in exchange for virtually all manufactured goods.

Mercantilism ruled the day. European countries attempted to monopolize their trade for the benefit of home countries. Royal authorities licensed ships and shipowners had to pay a fee for the right to operate. English trade with Virginia was financed through a system of credit against the following year’s tobacco crop. Goods in both directions came on ships.

Trade required peace and is depicted in the cover image for my first historical novel, The Wealth of Jamestown.  The image is of a painting by Keith Rocco and is the property of the National Park Service.

Jamestown, 17th Century

 

Privateers, Pirates and Trade

Virginia prospered and grew, but for a good part of the seventeenth century England fought wars with European neighbors.  Sometimes the wars resulted in the shifting of ownership of various territories. Thus, New Amsterdam became New York in 1667 as a result of an Anglo Dutch War.  The Dutch won that war: they gave up a small settlement on the tip of Manhattan and received in its place the Spice Islands of Indonesia. They also won the right to sail ships up the James River to pick up tobacco, breaking the English monopoly on that trade.

European navies were small. During times of war, ships financed by the various crowns of Europe were supplemented by private vessels. Private merchant vessels received commissions and payments from the various governments. These privateers could conduct their business while acting in support of their kings and queens. The ships shown in the harbor in the painting were likely commercial ships owned by privateers. Depending on the year, they could have been owned by local Virginians.

Privateers armed their ships as law and order on the sea did not exist. Crews learned to operate cannons and could defend the ships if attacked.  They did so partly because of their status. The governments and peoples of the day valued and admired the privateers, as mother countries and colonies needed trade for their survival and prosperity.

French and Indian Wars, Privateers and Pirates

In Queen Anne’s war (1702-1712), the English defeated the French and annexed large parts of eastern Canada including Hudson Bay. This was the second of three French and Indian wars.

A peace treaty ended the conflict in 1713, but Queen Anne died in 1714. She was succeeded by George I, the first Hanover King of England. Because the war ended, privateers lost their commissions and the revenue that went with them. England once again paid for a very small royal navy.

The English government required privateers to pay license fees (taxes) in order to sail and conduct business. Some paid the fees; the ones who refused to pay the fees were called pirates.  With peace, trade expanded for all shippers, whether licensed or not. After 1714 pirates, who incurred lower costs than privateers, began to take over much of international trade. Privateers became pirates. They became a menace to their own mother countries.

The painting below, by Van de Welde the younger, shows the mother country’s ships (in this case Holland), fighting pirates:

War against Pirates

 

 

Blackbeard and the Return of Law and Order

In 1717 Blackbeard sailed a captured French warship known as the Concorde and renamed her the Queen Anne’s Revenge.  With this flagship and a fleet of about forty other ships, he blockaded Charleston harbor.  He became famous and his business thrived.

Authorities in London noticed . George I decided to beef up his navy.  He also issued a pardon called a “Proclamation for Suppressing Pirates”.  Under the King’s pardon the British Crown granted clemency to any pirate who surrendered to a governor of the colonies by September 5, 1718.

Blackbeard surrendered to the Governor of North Carolina and received an official royal pardon. As related in my book, Blackbeard’s Legacy, despite the proclamation from London, the Virginia House of Burgesses in November 1718 passed a law on “the apprehending and destroying of pirates.” With respect to Blackbeard, the House voted a reward of one hundred pounds, with ten pounds for each of his crew. The House, however, doubted their law’s legitimacy due to the king’s pardon, and refused to appropriate the reward money.

Spotswood, Blackbeard, the Courts and the Law

Spotswood disregarded the royal proclamation. At his personal expense he commissioned two sloops to find Blackbeard. He also appointed as commander of the force Lieutenant Robert Maynard. Maynard served  on HMS Pearl, a royal navy ship anchored at Jamestown.

In October 1718, Spotswood learned  that William Howard, Blackbeard’s former quarter master, had come to Williamsburg. The governor ordered a local justice of the peace to issue a warrant to detain Howard for trial. Soldiers arrested Howard, took fifty pounds from him, and arrested two black men who traveled with him. Fifty pounds in 1720  would be worth about $11,000 in today’s U. S. dollars.  That was a lot of money in those days. Armed guards took the three men onto the Pearl.

Spotswood wanted Howard tried in an admiralty court without a jury, but the Governor’s Council disagreed. The Governor’s Council, an appointed upper house of the Virginia General Assembly, called for normal legal order. The Council declared that Howard and his two companions should be provided the  normal course of law in civil court.  Spotswood was determined and disregarded the advice of the Council. He insisted that Howard be indicted for crimes of piracy on the high seas. Spotswood insisted that Howard be tried by a special three-man jury Spotswood would personally appoint.

How Not to Try a Pirate

Well known around Williamsburg, Howard had powerful friends. On their advice, he responded by hiring a lawyer, James Holloway. Holloway quickly caused the arrest of the justice of the peace who signed the warrant for Howard’s arrest. Subsequently, the civil court, following demands made by Holloway, issued warrants for the arrest of Captain George Gordon and Lieutenant Robert Maynard who’d detained Howard on the Pearl. Holloway, on behalf of Howard, sued Gordon and Maynard for five hundred pounds in damages.

Spotswood wanted to demonstrate he still exercised the powers of government. In a trial conducted by jurors appointed by Spotswood, Howard was found guilty and ordered hanged. However, on the day before the hanging, Spotswood received a number of notices from London. One was a commission ordering him to pardon all surrendering pirates for all acts of piracy committed before July 23, 1718.

Spotswood released Howard and his two companions, and returned Howard’s fifty pounds. In response, Howard promptly asked his lawyer to pursue his case for damages against the naval officers in civil court.

To sum up, the English Crown, Virginia’s legislative representatives, and the courts replaced the pirates and privateers and the governor as arbiters of justice.

Does all this sound familiar? Here, a legislature passed laws without funding them, while an executive disregarded current laws to enforce abrogated laws. Irate citizens (the pirates and privateers) sought justice and compensation in the courts. Three branches of government checking each other, almost a hundred years before the writing of the U.S. Constitution.