THE CASE OF Andrew and Jeronimy Clifford.
ANdrew and Jeroinmy Clifford, being greatly injur'd by grievous Fines, and a long Imprisonment at Surinam, by the Dutch, contrary to the Articles of Peace, Petitioned the last Parliament for Relief, and a Committee was appointed to Examine the truth of it, which appearing plain to them, they prepared a Report in his favour, which the Chairman was ready to make to the House, but the Dutch Ambassador, by his Agents, interposed, and promised Satisfaction, whereupon the Committee Advised them to desist prosecuting their Petition any farther, and to apply to His Majesty for His Recommendation to the States-General for Relief, which they did.
The Secretary of State, by His Majesty's Order the 13th of June [...], wrote to the Ambassador for that purpose, and his Excellency Sir Joseph Williamson the 2 [...]d of September [...] delivered in a Memorial to the States-General pursuant to the said Orders, and Jeronimy Clifford the 19th of September [...] Petitioned the States General by the Pensionaries Order for Relief, but his Excellency never received any Answer, nor could the said Clifford obtain any Redress, though he was in Person there, and sollicited [...] months and more for it.
Jeronimy Clifford, and his Father, conceive, and are advised, that their Case is a Publick Case, like that of Major Bannister in Surinam, and such as the States-General are obliged by the Articles of the Treaty of Peace in Anno 1667, and 1674, to see Redressed.
And therefore humbly pray this Honourable House will be pleased to take the Premisses into Consideration, and to afford such Effectual Relief, as in their great Wisdom shall seem meet, &c.
May 17. 1698. A True Copy of the Report prepared last Session of Parliament
THE Committee have Examined the Matter of the Petition, and find, that the Petitioners are Englishmen, and were Inhabitants in Surinam when it was taken by the Dutch Anno 1667; And that by the 6th Article of the Capitulation all the Inabitants were to have and enjoy all equal Priviledges as the Netherlanders that should Cohabit with them; And by the 7th Article, That in Case any Inhabitants of that Colony should then or thereafter intend to depart thence, he should have power to sell his Estate; and the Government in such Case should procure, that he be Transported at a Moderate Freight, together with his Estate.
That the Governor and Council of Surinam Fined Jeronimy Clifford 30000 pound weight of Sugar, and Charges of Suit, and to beg Pardon on his Knees for Representing his Grievances to them by Petition, which in the following Sentence is called a Gracious Sentence.
That the said Jeronimy was (whilst he was in Prison) prosecuted Criminally for presenting another Petition to the Governor and Council concerning his Oppression [Page 2]and Injuries relating chiefly to a Contest about the Sale of a Negro the 4th of January 1692, wherein as it is there alledged, many disorderly Words are found, and amongst the rest, that he threatned the Government with these Words: That in Case the Honourable Court keeps him any longer in Prison, he shall be forced to use such other Means as he shall be advised for Relief. And further alledging, That the Petitioner Jeronimy had publickly accused the Governor of unjustly prosecuting him; And also, That the Petitioner (then a Prisoner) spake other more ill-natur'd, foul, and trifling Words, which (as is said) were too long to be there repeated; Wherefore the Provincional Fiscal the Prosecuter, demanded, That he the said Jeronimy, as a Mutineer and Troubler of the Common Peace, should be brought to the Place of Execution, and Whipt to Death; and to have his Goods Confiscated to the use of the said Fiscal, and to pay the Charges of the Suit. Whereupon the Governor and Council Adjudged, that the Demand of the said Fiscal was rightly founded in all its parts, but inclining more to Clemency than the utmost rigor of Justice, the said Court (acting in the Name of the States-General, His Majesty of Great-Britain, as their Stadtholder, and of the Directors, Patrons, and Lords of the said Colony) Condemned the said Jeronimy Clifford to Seven years Imprisonment in the Fort Somersdyke, there to be Chastised; likewise Fined him in the Sum of 150000 pound weight of Sugar, whereof 60000 l. to be to the said Provincional Fiscal, the Prosecutor; 50000 to the Modical Last, alias the Treasury of the Colony, and 40000 for Building a new House of Correction.
That the Petitioner was on many other Occasions Oppress'd and Fined, as he alledges, to the value of 20000 l. Sterling and upwards, which the Petitioner offered to prove particularly; but this Committee not judging it to be the Intention of the House, that they should Examine all the particular Damages which the Petitioner sustained, which would take up much time— And for that the Petitioners desire no no other Reparation than for what Damages they shall make appear when it shall come to be allowed: Therefore this Committee did not enter into a particular Exmination thereof, but further find.
That the said Jeronimy remaining in Prison at Surinam, at length, by means of Friends in England, Petition'd His Majesty, setting forth the Particulars of his Oppressions in Surinam, and His Majesty was graciously pleased to order Mr. Blathwayt, Secretary of War, to represent the Matter to the States-General, who thereupon ordered, that the Governor of Surinam should be written to, and ordered to let the said Jeronimy Clifford depart from Surinam with his Goods unmolested, without further detaining of him.
That thereupon the said Jeronimy, after having been near 4 years a Prisoner, was Discharg'd; and since his coming for Europe, has, for the Injuries done him, and his Damages sustained, sought Reparation of the West-India Company of Holland, to whom the said Colony of Surinam belongs; who gave for Answer, That they judg'd they were not concern'd in that Affair.
That thereupon the said Jeronimy, according to the Articles of Peace between England and Holland, applied by [...] Petition [...] to the States General, and annex'd an Account of his Damages; who said, It did not concern the Dutch West-India Company; and therefore dismiss'd his Suit against them; and Ordered, That in case he finds he has any just Reason of Complaint, he must demand the same at Law (from those that he supposes to have damaged him) before the Ordinary Court of Justice, as he should be advised.
That this seems to be a Publick and National Concern, and the denial of Reparation is contrary to the Twelfth Article of the Treaty Marine between England and Holland, concluded at London the First of December, 1674. whereby Right ought to be done for any Unjust Sentences, in Three Months.
That the Matter of the said Petitioner's Complaint being Examined by J. Van Burcht, and S. Van Schagen, Two Advocates or Counsellors of the States General in Holland, they reported, That Mr. Clifford demanding of the Society of Surinam (by an Account delivered in) Damages sustained by several Unlawful Sentences at Surinam, amounting to the Sum of 224718 Guilders 5 Stivers. They had seen and examined all the respective Orders, Sentences, and other Papers of Proof belonging to each Article of the said Account: And that they are of Opinion, That the said Clifford hath been highly injur'd and wrong'd by the respective Lords Governors and Council of Surinam, by their Orders and Sentences tending to ruin him, and make themselves Masters of his Estate, and to hinder his transporting himself and his Goods, [Page 3]as he was permitted by the Articles of Capitulation at Surinam; and that by the Twelfth Article of the Treaty of Commerce between England and Holland, the States ought to redress the same in Three Month's time. Dated at the Hague the 30th of September, 1697.
By all which, it appearing to this Committee that the Petitioners have been greatly Injured at Surinam, by the Governor and Council there by detaining their Estate contrary to the Articles of Capitulation, upon the Surrender of the said Colony of Surinam, and by several unjust Sentences, and particularly that of Seven Years Imprisonment, together with a very great Fine Imposed upon the said Jeronimy, for only representing his Grievances by Petition.
That it is the Oppinion of this Committee, that the House be moved, that an humble Address be presented to his Majesty, that he would be graciously pleased so to Recommend the Petitioners, That Justice may be done them for the Damages they have Sustained at Surinam.
A true Copy of the Memorial deliver'd in to the States-General by the Extraordinary Ambassador his Excellency Sir Joseph Williamson, mention'd in the Petition.
WHereas Andrew and Jeronimy Clifford, Merchants, late Inhabitants of Surinam, having brought their Complaint before His Majesty in Council, of the great Injustice which have been done them by the Governors and Dutch Council there, the under-written Ambassador Extraordinary of England has received Express Orders from the King his Master, to use the best Office with the States-General, that speedy Justice may be done them, as well in regard of Transporting their Estate out of the Colony of Surinam, according to what has been stipulated by the Articles of Peace in the Year 1667, as also to the great Losses and Damages which they alledge they have since suffer'd by a long Imprisonment, and by the immense Sums which they have executed from them, under pretence of Fines and Pecuniary Mulcts.
This is what the said Ambassador would willingly promise himself from the wonted Justice of the States-General, especially since there is nothing that more imports the Conservation of that Alliance and Friendship which the two Nations, by the good Providence of GOD, find themselves so happily joined in them to take care on both sides, to have speedy and full Justice administred on all Occasions, where their Subjects may pretend Matters of Complaint one against another.
Extract out of the States-Generals Octroys or Charters granted to the African Company of Holland, Anno 1674. and to the Inhabitants of the Colony of Surinam, Anno 1682, as follows.
THAT the Sentences pronounced within the Limits of these Octroys under which Surinam is Included, as well betwixt the Inhabitants against each other, and also between the Inhabitants and Strangers, and likewise concerning all Controversies within the Limits of these Octroys shall be counted as Sentences pronounced in Holland, by Judge of the Highest Courts of Justice, in which Cases only Revisie or Revierie may be desired of the States General, or their Deputies; and that no Judge or Court of Judicature in Holland shall have any thing to say in such Cases, except the States-General, or their Deputies.
Hereby it appears, That the Ordinary Courts of Justice in Holland are not permitted to intermeddle in Judgments given at Surinam, so that the States-General's referring the Petitioners to Demand Restitution by the Ordinary Courts of Justice, is a plain Denial of any Reparation to them.