USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 13
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To the remaining part of your Letter; which con- cerns the taking of the Oaths and signing the Associa- tion, I am not able to give you any better light, than by referring you to the Act of Parliament which re- lates thereunto; And as for the Bonds or Security to be taken from the Governors of Proprieties, you can- not but have understood by my Letter of the sixth May last That what hath been required by this Board on that subject hath been by his Majesties particular direction, upon the Address of the Lords Spiritual and Temporal in Parliament, And ought not therefore to be taken as anything peculiar to your Self, nor ought you expect that this Board should alter from the Rule which his Majesty has so directed them to observe, I am
WITEHALL 22 July 1696 W P.
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JEREMIAH BASSE ON PIRATES AND PIRACIES.
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From Jeremiah Basse to Secretary Popple, about Pirates and Piracies.
[From P. R. O. B. T., Prop., Vol. 1, A 50.]
L're from Mr Jerem: Bass abt Pirates & Piraciss. LONDON ye 26th July 1697.
As it cannot but be extreamely satisfactory to me who realy desire the Welfare of the Plantations & their settlement on the bassis of honnor & Justis to find that the Right Honorable the Lords Comis's of Trade & Plantations make itt no meane part of their buisness to inspect into the miscariages that have been amongst them & to direct unto wholesome meanes of removeing them So I shall still looke oppon itt as my duty to contribute my mite If that may afford any light to them in their deliberations. And in order theareunto shall distinctly consider yours of the 22d Instant.
As to the first thinge Which of the Provinces &c. I cannot but thinke that Most of the Colonies of America boath on the maine & in the Islands have been somewhat to blame in respect of their conduct towards such persons as have committed thir rapins & piracies super altu mare some of them I believe through Ignorance of their duty others through in- ability to doe anythinge towards their Suppression & some no doubt blinded by the prospect of gaine & ad- vantage have given to great a countenance to them but those that have been most noted for protection or furnishinge of them whilst I was in the Country ware Rhoad Island New York Carolina & Providence. I must acknowledge that I have known severall pertic- uler persons that have been judged concerned in those
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ill designes that have been entertained and setled in the provinces of Jarsie Pensilvania Mariland & Vir- ginia, butt as to those in the Jarsies they have on ex- amination produced as A warrant for our entertaine- inge a Pass from the Governor of New York which Obstructed any further enquiry by us.
I am informed (& if I err in my informations I hope you will pardon itt) that theare is now out uppon that designe The Kent of about 200 Tuns 18 Guns One Ball late Comandr who dieinge Comeinge from Jamaica was succeded by Thomas Day she is saide to have put into Carolina sould all her loadings att under rates tooke in men and provitions & Is gone privateringe. I suppose you are already informed of Ive & that came into Rhoad Island & thence to New Yorke fitted out againe & carried with him one Want in a briganteen & another Vessell they are saide to have since strenghned themselves by takeing a Vessell belongeing to the Merchants of New Yorke commanded by one Glover. It is reported they have since made some re- mittances to the owners to make satisfaction for that depredation.
Theare is another Glover that came from Jamaica in a Sloope took a Rich Price from the French afterwards went on the coast of Gunia & is since joyned with the rest on the Coast of Arabia In the whole I have been informed that theare is gon from Boston one, Rhoad Island two New York one Pensilvania one Carolina one, & one from Barbados some others theare are that are run away with Vessels belongeinge to the Mer- chants but are not yet certainely discovered to be gone thither, one of these rovers was met at the Cape bono Esperansa by the Nassaw homewards bound from India as I was informed by the Mate of her who beinge fearefull least the dutch should make prise of them got leave to putt some chestes of mony one board them which beinge granted he informed me they received
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four one boord so ponderous that six men at the tackels could hardly hoist them in he saide then delivered them again att Sea & Learnt from them that they were bound to their rendevouze att the Island St Lawrance or Madagascar.
the persons expected to returne are Ives company all those that sayled from New Yorke & Rhoad Island, & it is believed that on the heareinge of the alteration of the government in New Yorke they will endeavor to Conceale themselves in the Jarsies or Pensilvania the Jarsies haveinge no fort to oppose them & not beinge much inhabited in their harbors they recon themselves secure theare some persons I am [have ?] assertained have already been makieng preparations for their re- ception and entertainement they have also entertained a Notion that the Jarsies not actinge by the King's im'ediate Coms have not suffitient power to seise them & bringe them to deserved punishment which contri- butes not a little to their boldness in comeing.
I was taken by a Pyrate after about six howers en- gagement her commander was one Norman ali Vinblin a German he had a ship of 30 guns about 130 men Mixt English Dutch French &c about 20 to the south- ward of Porto Rico & Caried to the West End of Hys- paniola a little to the windward of the Isle de Vaca com'only called the Isle of Ash, theare they unloaded our Vessell & built them fortes on a small key or Island that lay att the bottome of the bay they tooke a Sloope which they manned & sent to cruise betwixt Beata & Altovalla & the Island of Hispanialo for vessels bound to windwards from Jamaica they used us extreamely hard beate us pinched us of Victuals Shut us down in the night to take our Lodgeing on the Watter Casque detained us till they had Carrened their ship & fitted her for sayleinge and then design- ing on the Coast of Gunia gave us our Liberty.
Some methods in order to their Suppression I have
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already formed & cannot but believe that they will prove efectual to that end had I butt power suffitient put them in practis waich could I hope to Obtaine by the Recommendation of the Right honorable the Lords Com' of the Counsell of Trade I should soone lay before them the scheame of. And Indead shall nead no far- ther power then the Crownes approbation to the Gov- ernment & Com'ission of Viceadmiralty to suppress them in all those partes that my Com'ission will reach unto what are without the bounds of the Jarsies must be subdued by other methods.
I doe not know of any courtes in the Jarsies that have suffitient power to trie pyracies itt beinge the declared judgement of Mr Attorny Generall that we have no Admirall Jurisdiction & pyracies in my opinion not beinge properly to be tried by the Com- mon butt Civill Law & Com'ition of Vice-admiralty I doe not know of any that hitherto have been tried for that fact in either of the two provinces & If they had I feare might have demurred to our power & authority that defect is supplied or at least I hope will be by his majesties commisionateinge Viceadmerals in Every province.
I am very sorry that their Lordships insist so posi- tively on security to be given for the Governors of the proprietary Colonies since I find the proprietors grow still more & more averse to a Compliance with itt & think itt to great a hardship uppon them. Certaine I am the want of the Crownes aprobation will prove of very ill Consequence to the plantations & as to my own part almost utterly disable me from either give- ing due protection to the people or fully punishinge the opposers of our peace and quiet. The Late act of Parliament Obleidgeth all Governors to be aproved by the Crown the people as they have the knowledge of this act so they will expect imediately at the arival of any Governor not oneley that the Proprietors Com-
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1697]
mission be produced butt that [it] be also certified of the crownes aprobation of the same person as Governor & this before they will Owne any subjection to him.
Some Government & such & one that may have not onely a suffitient power to protect & defend the people in their libertyes & estates butt to repress all injuries & violences committed against them is of absolute ne- cessity the want of it will reduce the provinces into a State of Anarchy the strongest hand or the longest sword will be the best tittle to goods or estates All sortes of Ill practises in such a soyle that is not con- tinualy tended like weeds in an uncultivated garden will soon springe up, & what will not the unsatiable thirst of Gold engage men to attempt when they are Consious that theare is not a suffitient power to take cognizance of & to punish their miscarriages.
The late Act relateing to the plantation trade hath in the Judgement of our Lawyers laide aside the preasant Governor of the Jarsies. The want of aproba- tion will in a great measure disable me from actinge or at least actinge in such a manner as may tend to the good of the people & honnor of the crowne as may protect the Loyall & industrious subject & punish pirates & other malefactors & how miserable then must the condition of the provinces bee.
I know itt is your opinion that without the King's ap'robation as a due sanction to my commission I cannot securely the tearmes wheareby I must Obtaine that sanction are not in my power to comply withall had the crowne required anything of me as a Caution for my good a bearinge had it demanded any testimony of my ability to govern my corage to maintaine the honnor of Government & not to suffer itt to be affronted by the enimies of it had it required an evi- dence of Loyalty & sincerity in any thinge though never so dificult that I could personaly have complied with my ready Obedience should have showne
12
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my willingness to comply, but I must content my selfe with a Constant endeavor in my station to sup- press evill & advance good accordinge to the Utmost of my ability & if through a want of power their should be to great an increase of the one or decrese of the other I hope my conduct will not be to be blamed.
But S' I have that Confidence in your zeale for the Generall good of his Majesties Subjects in the planta- tions that I doe still perswade my selfe you will Con- tribute your endeavors to obtaine some way or another a supply of this defect of power either to me or to some other person more deserveinge of itt & that either by accomodateinge the tearmes of aprobation so as they may be complied with without a dependance On other persons or else to make up what is defitient in the proprietors commition by one more imediately from the Crowne which would be no matter of difi- culty the Power of Admiralty beinge lodged in the crowne & our Commission to act Necessarily pro- cedinge from thence, I must begg your pardon for the imperfections of this teadious scribble & hope that you will believe me bee
Sr Your very humble Servt J BASSE.
Secretary Popple to Jeremiah Basse, in answer to the foregoing. [From P. R. O. B. T. Proprieties Vol. 25, p. 103.] Letter to M! Basse about Pyrats
To MR. BASSE
S.R Your Letter of the 26th of July had been read before the Lords Commissioners of the Council of Trade; and the business of Piracy that you speak of
1697] COMMISSIONERS OF TREASURY TO LORDS OF TRADE. 163
again considered: Whereupon their Lordships have commanded me still to desire of you the most particu- lar instances of matter of fact that you can give in the General things that you hint at Vizt about the enter- tainmt of Pyrates in Rhoad Island, N: York, Carolina & Providence: What are ye names of the Pyrats; and in what man'er & by whom have they been enter- tained; About yª Pyrats that you say are gone from Boston, Rhode Island, New York, Pensilvania Caro- lina and Barbados; Who are they; who are concerned with them? And what are their designes? About ye Pyrate wch you say you were informed of by ye mate of ye Nassaw; what is ye mates name? And how may he be spoak withall; in Ord' to ye getting some further Informat" from him? You see by these Quest"s y ye thing their LoPs aim at is such solid & p'ticul' Infor- maths as may be built upon So y wt you can contribute there unto will be very acceptable to ym I am
Whitehall 4. Augst 1697.
W: P:
Secretary Lowndes, of the Commissioners of the Treasury, to Secretary Popple of the Lords of Trade, transmitting documents referring to the payment of Customs in New York, by people in East and West Jersey.
[From P. R. O. B. T. Proprieties, Vol. 1, A 53.] Lre from Mr Lownds by ordr of ye Lds of ye Treasury referring to this Board the Consid- erat" of a Report of ye Com's of ye Customs upon a Peti" of ye Proprietors of E: & W: New Jerseys relating to their Ports.
SIR By Order of the Lords Commissioners of his Maty Trea'ry I send you the inclosed Report from the
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Comm's of his Maty Customes upon the Petic'on of Sir Thomas Lane Kn' and Severall others the Proprietors of East and West Jersey in America, My Lords desire you to lay the same before the Right Honorable the Lords Commissioners for Trade and Plantac'ons for their Opinion thereupon, Which you are desired to transmitt togather with the said Report to Sir
Trea'ry Chambers Your most humble servant
8Th September 1697 MR POPPLE.
WM LOWNDES:
[Addressed] To William Popple Esq' Secretry to the Rt honoble the Comm".s for Trade and Plantac'on These
TO THE R. HONBLE Y. LORDS COMMISSIONERS OF HIS MAJESTIES TREASURY
THE humble Petition of S' Thomas Lane, S' Jo. Moore Kn's William Penn, Daniel Cox Esq's Paul Dominique, William Dockwra, Peter Sonman, Thomas Hart, Walter Benthall Merchants on behalf of them- selves and the rest of the Proprietors of the Provinces of East and West Jersey in America.
Sheweth
That the late King Charles the second by Letters Pattents in the sixteenth year of his Reign under the Great Seal of England, did Grant to your Pet's power to constitute Marttine and other Officers and to make and Erect Ports in convenient places within the said Provinces, which power wth some other Priviledges Induced and Encouraged your Pet's to venture and lay out their Estates and to send over a Great number of People to settle and Improve the said Provinces.
That the better to prevent the breach of the Several Acts of Navigation to secure such Customes as should become due to the Crown; and to promote their own Trade, your Petitioners pursuant to the said powers have made and constituted the Townes of Amboy in East Jersey and the Townes of Burlington, Salem &
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PETITION OF PROPRIETORS ABOUT PORTS.
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Cape May in West Jersey, to be Ports for the Lading and unlading Goods and Merchandizes.
Notwithstanding which and that ye said Provinces are not any ways dependant on or part of the Province of New York, Yet the Collectors there pretend and presume to make all ships and Vessels bound to ye said Jerseys, to come to New York to unlade or to pay Custome there for the Goods imported in the said Ships and Vesells, and have lately enforced Severall persons so to do, wch your Pet's are advised is illegal & greatly hinders and discourages the Trade of the said Ferries and consequently lessens his Majts Customes & Duties.
Your Pet".8 therefore humbly pray they may enjoy ye liberty of their own Ports for the lading & unlading Goods & Merchandizes, & yt the Collect's of New York may for ye future be restrain'd from ye s.ª p"tensions & practices so illegal & injurious to your Pet's
And your Pet's shall ever Pray &c.
WY DOCKWRA.
DAN: COX
WALTER BENTHALL PETER SONMANS
in behalf of themselves and the rest Whitehall Treasury Chambers 1º March 1696.
The Lords Commissioners of his Majesties Treasury are pleased to refer this Petition to the Commissioners of his Majesties Customes, who are to consider the same, and Report to their Lordships a true state of ye · Petitioners case, together with their Opinions what is fit to be done therein WM LOWNDES.
MAY IT PLEASE YOUR LOPS
In Obedience to your Lordships Commands signified to Us by Mr Lownds, on the annexed Petition of S! Thomas Lane, S' John Moor Knights, William Penn, Dan !! Cox Esq's, Paul Dominique, W. Dockwra, Peter Sonmans, Thomas Hart and Walter Benthall Mer-
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chants on behalf of themselves and the rest of the Proprietors of East and West Jersey in America, setting forth That the late King Charles the Second by Letters Patents in the sixteenth year of his Reign, under the Great Seal of England did grant to the Petitioners Power to Constitute Maritine and other Officers, and to make and Erect Ports in convenient places with in the said Provinces, which power wth some other priviledges, Induced and Encourag'd the Petitioners to venture and lay out their Estates and to send over a great number of People to Settle and im- prove the said Provinces. That the better to prevent the breach of the Severall Acts of Navigation to Secure such Customes as should become due to the Crown and to promote their own Trade, the Petitioners pur- suant to the said Power have made and constituted the Townes of Amboy in East Jersey; And the Townes of Burlington, Salem and Cape May in West Jersey, to be Ports for the lading and unlading Goods and Merchandizes. Notwithstanding which and that the said Provinces are not any wayes dependant on or part of the Province of New York Yet the Collect"s there pretend & presume to make all Ships & Vessels bound to yª sª Jerseys to come to New York to unlade or to pay Custome there, for the goods Imported in the said Ships and Vessells, and have lately Enforced Severall persons so to do which the Petitioners are advised is Illegal and greatly hinders and discourages the Trade of the said Jerseys and consequently lessens his Majestys Customes and duties. Praying they may enjoy the liberty of their own Ports for the lading and unlading Goods and Merchandizes. And that the Col- lector of New York may for the future be restrained from the said Pretentions & Practices so illegal and injurious to the Pet's Wee do humbly Report to your Lordships, That upon hearing the Severall Parties on
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COMMISSIONERS OF THE CUSTOMS ON N. J. PORTS.
both sides, It seems that the Inhabitants of New York having granted a Certain Revenue to the Crown of England for the defence of that Province arising by an Impost or Custome on Imported & Exported Goods. Indian Trading, Goods carryed up Hudsons River to Albany and Excise of Liq's retayled, The Collector of these duties hath demanded the same on all Goods belonging to the East and West Jerzeys coming within the River (which being about a Mile and half over, divides the Jerseys from New York) being as he alleageth, agreeable to former practice before his time, which is owning the chief matter of Complaint in the Petition, But the said duties being not under Our Man- agement, or Cognizace And this Board having never given any directions Whereby the Inhabitants of the Jerzies have been denyed the use of their own Ports & Harb's We humbly submit that matter to your Lord- ships Consideration.
Humbly acquainting your Lordships That in the Establishment of Officers presented from hence for Virginia and other his Majesties Plantations on the Continent, which your Lordships were pleased to approve by your Warrant of the 20th of Novemb" last, there is a Collector appointed at Perth Amboy in East Jersey, and another Officer at Bridlington in West Jersey with Suitable Instructions from Us to Collect the Rates and Duties Imposed by the Act made in the 25th Year of the Reign of King Charles the Second upon Tobacco and other of the Plantation Commodi- ties therein enumerated wch shall be Shipt or laden from thence for any other of his Majesties Plantations, as also to inspect the like Commodities which Shall be laden upon Ships bound directly to this Kingdome, And to attend the delivery of all European Goods brought from hence which are the Cheif Matters we are concerned for, and for these purposes tis necessary, That there should be such Priviledged Ports for the
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NEW JERSEY COLONIAL DOCUMENTS. [1697
Officers of the Customes attendance in Order to the dispatch of Business both Inwds and Outwards- Custome house All which is humbly submitted London 31. Augst to your Lordships Considerations. 1697. ROB! HENLEY SAM: CLARKE JO: AUSTEN
From Secretary Popple to Secretary Lowndes, in answer to the foregoing communication. [From P. R. O., B. T .; Proprieties, Vol. 25, 148.] To William Lownds Esq!
SR
I have laid before the Lords Com'iss's of the Council of Trade & Plantations your Lett' of the 8th Inst to gether with the Report of the Commissioners of the Customes upon a Pet" of the Proprietors of East & West New Jersey that were inclosed in it; Both which Papers There inclose [I] return you, according to your desire And I am further directed by their Lordships to send you the Enclosed Copy of an Instruct" rela ing to the Trade of New York and the New Jersies which has been given to all the Governors of New York succes- sively ever since that Province has belonged to the Crown of Eng'd And which therefore their Lordships desire may be laid before the Right honble the Lords Commissioners of the Treasury, as the most material thing that they have to offer to their Lordships con- sideration, in the subject matt's of the above men- tioned Papers.
WHITEHALL, 14th Sep! 97,
· W: P:
1697]
PETITION FOR PROTECTION AGAINST NEW YORK. 169
Order in Council, referring a Petition of the Pro- prietors of East Jersey to the Lords of Trade.
[From P. R. O. B. T. Proprietors, Vol. 25, p. 150]
At the Councill Chamb! in Whitehall the 23 of Septemb! 1697. Present.
Their Excellencys the Lords Justices in Councill.
Upon reading the annexed Petition of ye Proprietors of New Jersey in America; relating to their Rights & Properties which as they alleadge have been Invaded by the Government of New York, in taking Vessells out of their Harbour of Perth Amboy, compelling them to go up to New York, and denying the Pet's the benefit of a Port in the said Province and of the Draw Back upon Debentures; And praying to be Heard therein. It is this day Ordered by their Excellencies the Lords Justices in Councill, that it be and it is here- by Referred to the Rt honble y. Council of Trade to Examine the matter of the said Petition and to Report to this Board how they find the same with their Opinion upon the whole matter.
JOHN POVEY.
23 Sepr 1697
To their Excellencies the Lords Justices in Councill.
The humble Petition of ye Propriet's of ye Province of East New Jersey in America.
SHEWETH:
THAT your Pet's by a grant from ye late King James the Second dated 14 March 1682, were Possessed of the said Province of East New Jersey in America, together
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with all Rivers, Bays, Harbours, Waters &" leadg unto the same for the free use of Navigation, free Trade and Commerce.
THAT your Petitioners Right was by the Royall Proclamation of King Charles ye Second confirmed, and all Persons whatsoever strictly charged, not to disturb or interrupt your Pet's therein.
THAT the said Priviledge of Ports, free Trade and Commerce is a Property purchased with great Sums of Money by your Petition's and what cheifly induced and incouraged y" to lay out their Estates to Improve the said Province, But your Pet's have had their Rights and Properties Invaded by the Government of New York, taking Vessells out of their Harbour of Perth Amboy, and forceing the Trade away from them and compelling their Ships to go up to New York, and denying your Pet's the benefit of a Port in the said Province and of the Draw back upon the Debentures allowed to all other Persons.
THAT in Order to redress their Grievances your Pet's have applyed to the Lords of the Treasury desiring to be heard before them, and your Pet's case was by them Referr'd to ye Commissioners of the Customs, who Reported back to the Lords of the Treasury their Opin" therein.
THAT upon your Petitioners Attendance on the Lords of the Treasury your Petitioners are informed, That it did not properly ly before that Board to deter- mine, unless Referred thither by your Excellencies.
THAT the Subject matter of your Pet's Complaint, does not only intirely ruine their private Properties (Crushing them in their Infancy of Trade and Planta- tion) but is also a Public hindrance, to the Consump- tion of the Growth and Manufactory of England and consequently a Loss to his Majte Revenue.
YOUR PETITIONERS therefore have recourse tb your Excellencies, as the great refuge & Protection of the
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oppressed, humbly praying the favour of a Day to be heard before your Excellencies, to the end that ye Earl of Bellemont being now ready to depte (as Gov! of New York) may be Prohibited to disturb your Pet's Privilidges of Trade in their Port of Perth Amboy, and to deny them the Right of draw back upon Deben- tures and that none of your Fetition's liberties & Frop- erties in the said Frovince may be invaded by that Neighbouring Governm'
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