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for some time. He had considered a place in Darien, where he thought a good settlement might be made, with another over against it, in the South Sea; and by two settlements there, he fancied a great trade might be opened both for the East and West Indies; and that the Spaniards in the neighbourhood might be kept in great subjection to them; so he made the merchants believe, that he had a great secret, which he did not think fit yet to discover, and reserved to a fitter opportunity; only he desired, that the West Indies might be named in any new act that should be offered to the parliament: he made them in general understand, that he knew of a country, not possessed by Spaniards, where there were rich mines, and gold in abundance. While these matters were in treaty, the time of the King's giving the instructions to his commissioner for the parliament came on; and it had been a thing of course, to give a general instruction, to pass all bills for the encouragement of trade. Johnstoun told the King, that he heard there was a secret management among the merchants for an act in Scotland, under which the East India trade might be set up; so he proposed, and drew an instruction, impowering the commissioner to pass any bill, promising letters patents for encouraging of trade, yet limited, so that it should not interfere with the trade of England: when they went down to Scotland, the King's commissioner either did not consider this, or had no regard to it; for he gave the royal assent to an act, that gave the undertakers, either of the East India or West India trade, all possible privileges, with exemption of twenty-one years from all impositions: and the act directed letters patents to be passed under the great seal, without any further warrant for them: when this was printed, it gave a great alarm in England, more particularly to the East India company; for many of the merchants of London resolved to join stock with the Scotch company; and the exemption from all duties gave a great prospect of gain. Such was the posture of affairs in Scotland. …

      Great complaints were made in both houses of the act for the Scotch East India company, and addresses were made to the King, setting forth the inconveniencies that were like to arise from thence to England: the King answered, that he had been ill served in Scotland: but he hoped remedies should be found, to prevent the ill consequences that they apprehended from the act: and soon after this, he turned out both the secretaries of state, and the marquis of Tweedale: and great changes were made in the whole ministry of that Kingdom, both high and low. …

      But when it was understood in Scotland that the King had disowned the act for the East India company, from which it was expected that great riches should flow into that Kingdom, it is not easy to conceive how great and how general an indignation was spread over the whole kingdom: the Jacobites saw what a game it was like to prove in their hands; they played it with great skill, and to the advantage of their cause, in a course of many years; and continue to manage it to this day: there was a great deal of noise made of the Scotch act in both houses of parliament in England, by some who seemed to have no other design in that, but to heighten our distractions by the apprehensions that they expressed. The Scotch nation fancied nothing but mountains of gold; and the credit of the design rose so high, that subscriptions were made, and advances of money were offered, beyond what any believed the wealth of that Kingdom could have furnished. Paterson came to have such credit among them, that the design of the East India trade, how promising soever, was wholly laid aside: and they resolved to employ all their wealth in the settling a colony, with a port and fortifications, in Darien; which was long kept a secret, and was only trusted to a select number, who assumed to themselves the name of the African company, though they never meddled with any concern in that part of the world; the unhappy progress of the affair will appear in its proper time.

      FOOTNOTES:

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      [11] Scotland.

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      Source.The Darien Papers: being a Selection of Original Letters and Official Documents relating to the Establishment of a Colony at Darien by the Company of Scotland trading to Africa and the Indies, 1695–1700. (Edinburgh: Bannatyne Club, 1849.)

      Know all men by these presents, that in pursuance of the powers and privileges granted by the 32nd Act of the 4th Session and the 8th Act of the 5th Session of this current Parliament—as well as by His Majesty's letters patent under the great seal of this Kingdom, to the Company of Scotland trading to Africa and the Indies, the Council General of the said Company have upon mature deliberation Resolved (God willing) to settle and plant a Colony in some place or other not inhabited, in America, or in or upon any other place, by consent of the natives and inhabitants thereof, and not possessed by any European Sovereign, Potentate, Prince, or State, to be called by the name of Caledonia; and the said Council General, reposing full trust and confidence in the capacity, fidelity, discretion, and good conduct of their trusty and well-beloved friends, Major James Cunningham of Eickett, Mr. James Montgomery, Mr. Daniel Mackay, Capn Robert Jolly, Capn Robert Pennicuik, Capn William Vetch, and Capn Robert Pinkarton—have Resolved and fully agreed upon the following fundamental Constitutions as a perpetual Rule of Government for the said Colony, viz.

      1. That the Government Civil, Military and Admirality of the said Colony and dependancies thereof, shall be and remain in the persons of the said Major James Cunningham of Eickett, Mr. James Montgomery, Mr. Daniel Mackay, Capt Robert Jolly, Capt Robert Pennicuik, Capt William Vetch, and Capt Robert Pinkarton, from the time of their setting sail from Scotland, together with such others as shall be assum'd and added to them in manner after specified. …

      6. That all Persons, of what Nation soever, have full freedom and liberty to trade to and from the said colony under the condition after mentioned, and that such of them as shall come to live and inhabite on the said Colony, shall according to their respective States and conditions enjoy equal privileges with the other Inhabitants thereof, such Inhabitants first giving up their several names and designations to be enrolled in a particular Register to be kept for that use. …

      8. That the Company do reserve to themselves, the ½0th part of all Lands and grounds that shall be possessed by the said Colony.

      9. That the Company do also reserve to themselves, the ½0th part of all Gold-dust, Mines of Gold, Silver, or other Metalls or Minerals, to be delivered above ground free of all Charges, together with the said proportion of Pearl-fishing, Wrecks, Ambergreese, precious wood, Jewels, Gems or Stones of value, that shall any ways be found in or upon the said Colony or dependancies thereof, and that the remaining 19 parts thereof do equally belong to the Company and Colony in proportion to their respective proportions of Lands in the said Colony, they always contributing in proportion to their respective interests to all Charges for discovering and working the said Mines and others. …

      In testimony of all which Premisses, these presents are in name, presence, and by order of the said Council General, Signed by the Company's Secretary and Sealed with the Company's Seal, At Edinburgh the eighth day of July One Thousand Six hundred and Ninty eight years.

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      Source.—Bishop Burnet's History of His Own Times, vol. iv., p. 395. (Oxford: 1833.)

      … The company in Scotland, this year, set out a fleet, with a colony, on design to settle in America: the secret was better kept than could have been well expected, considering the many hands in which it was lodged; it appeared at last, that the true design had been guessed, from the first motion of it: they landed at Darien, which, by the report that they sent over, was capable of being made a strong place, with a good port. It was no wonder that the Spaniards complained loudly of this; it lay so near Porto

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