al were illegal. Cowper replied to
him with immense applause, and seems to have completely refuted him.
"At length, after a debate which lasted from mid-day till nine at
night, and in which all the leading members took part, the committee
divided on the question that the letters patent were dishonorable to
the King, inconsistent with the laws of nations, contrary to the
statutes of the realm, and destructive of property and trade. The
Chancellor's enemies had felt confident of victory, and made the
resolution so strong in order that it might be impossible for him to
retain the Great Seal. They soon found that it would have been wise to
propose a gentler censure. Great numbers of their adherents, convinced
by Cowper's arguments, or unwilling to put a cruel stigma on a man of
whose genius and accomplishments the nation was proud, stole away
before the doors were closed. To the general astonishment, there were
only one hundred and thirty-three Ayes to one hundred and eighty-nine
Noes. That the city of London did not consider Somers as the
destroyer, and his enemies as the protectors of trade, was proved on
the following morning by the most unequivocal of signs. As soon as the
news of the triumph reached the Royal Exchange, the price of stocks
went up."
There is a very rare pamphlet which illuminates the matter in much more
detail. It was written and published as a defense of Bellomont and his
partners and the very length, elaboration, and heat its argument shows
how furiously the political pot was boiling while Kidd was imprisoned
in London awaiting his trial. This _ex parte_ production is entitled
"A Full Account of the Actions of the Late Famous Pyrate, Captain Kidd,
With the Proceedings against Him and a Vindication of the Right
Honourable Richard, Earl of Bellomont, Lord Caloony, late Governor of
New England, and other Honourable Persons from the Unjust Reflection;
Cast upon Them. By a Person of Quality."[2]
It is herein recorded that the arguments to support the question moved
in Parliament were:
"1--That by law the King could not grant the Goods of Pirates, at
least, not before conviction.
"2--That the Grant was extravagant, for all Goods of Pirates, taken
with or by any persons in any part of the world, were granted away.
"3--Not only the Goods of the Pirates, but all Goods taken with them
were granted, which was illegal, because tho' the Goods were taken by
Pirates, the rightful Owners have s
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