USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 14
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And your PetTs (as in duty bound) shall ever pray &c.
JER: BASSE
DAVID LYELL
THO: BARKER
PETER SONMANS
JOSEPH ORMSTOM
THO: LANE
JOSEHH WRIGHT
THO: HART
WM DOCKWRA WALTER BENTHALL
GEO: WILLOCKS.
A true Copy JOHN POVEY.
State of the Case of the Proprietors of East Jersey, submitted to the Lords of Trade.
[From P. R. O. B. T. Prop., Vol. 1, A. 58.]
A MEMORIALL of the State of the Case of the Pro- prietors of East New Jersey.
KING CHARLES the Second, in ye 16th & 26th yeares of his Reign, did Grant, to the Duke of York, his Heires and Assignes, all that Tract of land, adjacent to New England, and being to ye westward of long Island and Manhatus Island, and Bound on the East part, by the main Sea, and part by Hudsons River &cª (which land was then Called Nova Cesaria, or New Jersey).
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March 14th 1682. The Duke of York Grants and Con- firms the Said Province of New Jersey, to James Earl of Perth and others, with all Bayes, Rivers & Waters, ffranchises and Appurtenances, as also the free use of all Bayes, Rivers and Waters leading unto or lying between the Premises for Navigation, free Trade &cª with the Right of Government, which the late King Charles the Second did Confirm as by his Proclama- tion, hereunto annexed bearing date ye 23ª of Novem- ber 1683, does appear.
By which Grants the Proprietors Claime, (and are advised, by their Councills) that they have a Right, and Power of Constituting Ports within ye Said Province.
That they have accordingly Constituted the Port of Perth Amboy, in the Said Province, and that divers Shipps for Severall years come directly to the Said Port, and have there unladed undisturbed.
But the Collector & Officers of New York, have Since presumed to Molest the Said Proprietors, in the free use, and Priviledge, of their Said Port, and pre- tend to Compell, all Shipps Bound to East Jersey, to come to New York, and Pay a Custome or Impost laid upon Goods there, according to an Act of their Generall Assembly.
And do further Pretend that from time to time Instructions to that purpose have been given to the Severall Governours of New York.
That the Proprietors Conceive neither the Said Act of the Generall Assembly of New York, nor the Said Instructions can binde the Proprietors of East Jersey to Pay Customes, or hinder them from the use of their own Port, as by their Councill they are advised (whose Opinions they have hereunto annext) for as much as East Jersey is a distinct, and Independant Province from New York, where the Inhabitants of East Jersey have no Representatives.
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CASE OF PROPRIETORS OF EAST JERSEY STATED.
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That the right of Ports, wch the Proprietors are advised is Granted with the Said Province, was what Cheifly induced and Encouraged the Proprietors to adventure & Send over People to Settle there, and that without the Same, they would never have laid out their Estates, in the Purchasing and Improving thereof.
That the disturbing the Said Proprietors in the free use of their Ports in their own Province, is Conceiv'd to be verry Arbitrary, and will wholely Ruine the the Trade of the Said Province, Destroy their Property, and will hinder the Exportation, and Consumption of the manufacture of this Kingdome.
That the Commissioners of the Customes, have lately reported to the Lords of the Treasury, that it is Necessary there Should be in the Said Province Privi- ledged Ports for the Attendance of the Officers of the Customes in order to the dispatch of buissiness of Shipping both Inwards, and Outwards, and have appointed a Collector at the Said Port of Perth Amboy in the Said Province for that purpose.
The Proprietors therefore do humbly hope. That this Honourable Boord, (to whose Care and Protection his Majestie has Com'itted, The Security and Improve- ments of Trade, and the Rights and Priviledges of the Respective Colonyes abroad,) will not Suffer the Province of East Jersey to be deprived of their Right.
And for as much as the Earl of Bellamont, and the Governour of East Jersey are both readdy to Embark, it is humbly Prayed that this Boord will be pleased to Expedite their Report to the Lords Justices in Coun- cill for Preservation of their Properties, and Imunityes before their Departure.
WM DOCKWRA Secr: & Reg! of East Jersey.
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Letter from Secretary Popple, to the Attorney General and Solicitor General, Enquiring as to the Authority of the Proprietors of East Jersey to constitute ports in their Province.
[From P. R. O. B. T. Proprieties, Vol. 25, p. 164.]
To SE THOMAS TREVOR KNT. his Majts Attor: Gen!1 and St. JOHN HAWLES KNT his Majesties Sol- licitor Generall
Gentlemen
The Lords Com'ssioners of the Councill of Trade and Plantations having been required by the Lords Justices to examine into and Report their opinion upon a Peti- tion of the Proprietors of East New Jersey in America, wherein they claim a Right to constitute Ports in that Province, and pray that the Earl of Bellemont may be prohibited to disturb their Priviledges of Trade in their Port of Perth Amboy: And the said Propriet's having produced to their Lordships, as the Ground of their said Rights and Priviledges, the late Duke of York's Conveyance of that Countrey to the Earl of Perth and others, dated the 14th of March 1682, together with a Copy of K: Ch: the Second's Grant to the said Duke of York of a larger Tract of Land in America, wherein the said Province of East New Jersey is included; Their Lordships after the carefull perusal of the said Conveyance and Grant, have directed them to wait upon you therewithal: and have thereupon Com'anded me to desire your Opinion
1 What a Port is; And by what means any place in his Majests Plantations in America may become a Port.
2. Whether by K. Ch: ye 2ª's Patent to ye Duke of
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ENQUIRIES AS TO AUTHORITY FOR CREATING PORTS. 175
York, Power was given to the said Duke to constitute a Port or Ports in any of the Territaries granted to him.
3. Whether the Duke of York by his Conveyance to the Lord Berkley and S' George Carteret did or could convey the Right of constituting Ports in any of the Lands thereby conveyed.
4. Whether upon the Division which the said Lord Berkley and S! Geo: Carteret afterwards made of the Lands conveyed to them, they could convey any such Power or Right to the respective Proprietors to whom they sold their several shares.
5. Supposing the Territories of East & West New Jersey, now divided from New York, were formerly united with it under one Government, and that the Citty of N. York was then the Port for that whole Province so United, Whether upon seperating of East New Jersey from New York, by the said Duke of York's Conveyance to the Earl of Perth and others, there be any right conveyed to them or their assigns, of constituting a Port at Perth Amboy or elsewhere at their pleasure.
6. Whether upon any further Divisions that may hereafter be made of the said Province by the said Proprietors, each of the Severall Assignees will also have a Right of Constituting a Port or Ports in each of their Divisions. I am &º
W: P:
Whitehall. 6. October :97
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NEW JERSEY COLONIAL DOCUMENTS.
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From the Proprietors in England, to Governor Ham- ilton and Council in East Jersey.
[From a copy of its record in Book C of Commissioners, p. 273, in the Secretary's Office, Perth Amboy, among the Manuscripts of W. A. Whitehead.]
To the Honble Coll: Andrew Hamilton Governor and His Council for the Province of East New Jersey in America. These
LONDON the 12th gmo 1697 GENTLEMEN
We have Received Several of yours, which we would sooner have answered, but Could not give any Certain advice about the Weighty affairs of our Province, which we are now with the utmost deligence Pursuing and have very Great Reason to hope that the issue shall be to our Content.
We have been Obliged (against our Inclination) to dismiss Coll: Hamilton from the Government, Because of a late Act of Parliament disabling all Scotsmen to serve in places of Publick Trust or Profit, and Obliging all Proprietors of Colonies to Present their Respective Governors to the King for his approbation, so we have appointed our Friend Jeremiah Bass, to succeed Coll: Hamilton in Government, whom we have also pre- sented to the King, and he is by him Owned and ap- proved of. He will give you a further account of our Proceedings for the good and Welfare of the Province and we desire that Each of you in your Respective Stations, to act according to your several Capacities for Promoting the Interest of the said Province. Assuring you that we shall not here be wanting on our Parts.
We must not forget to mention to you our Gratitude for the several Good Offices you have done the pub-
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ANSWER OF ATTORNEY AND SOLICITOR GENERAL. 177
lick, tho' we wish Your hearty Endeavors had been more Successfull, and Brought the People to have Raised a sum for Clearing the Ports, and another for Maintenance of the Government, for Prosecuting the Publick affairs here, hath been with the Expence of much time, and Large sums of money, the Burthen whereof Lyeth only upon a few in and about this City. We heartily wish our Labours may have their desired effect, So Respectively Saluting you.
We remain Your Loving friends,
THOS: HART THOMAS BARKER
DAVID LYELL
PETER SONMANS
WALTER BENTHALL
JOSEPH ORMSTON
THOMAS . COOPER JOSEPH WRIGHT JR.
GEORGE WILLOCKS.
Answer of Attorney General and Solicitor General, to the Enquiries of the Lords of Trade.
[From P. R. O. B. T. Proprieties, Vol. 2, B 1.]
The Attny & Soll! Gen's answer to ye Queries sent them the 6th Inst relating to ports in East New Jersey.
1st We are humbly of opinion that a Port in our Law is understood to be a place appointed for the lading and unlading of Goods and Merchandise, for the better Collecting his Majesties Customes & other Duties, And that Such Ports (by an Act made the 25th Car 2ª Chap': 7th For better Securing ye Plantac'on Trade) are to be appointed in the plantac'ons by the Commisoners of the Customes in England by and under the authority and directions of the Lord Treasurer or Com'issioners of the Treasury, in the 13
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respective plantations, for the Collecting Such Cus- tomes as are due to his Majestie in those plantac'ons.
21 That the aforesaid power of appointing ports granted to the Commissioners of the Customes by the Said Act, was not granted to the Duke of York by the said Letters patents
3ły The Duke of York's Grant to the Lord Berkley and S. George Carteret, could not convey any such power because he had no Such power granted to him by the Crowne.
The 4th 5'h & 651 queries are answeured before in the Answears to the former queries: for if the Duke of York had not such a power granted to him (as we conceive he had not,) Then his Assignees nor any de- riving under them Cannot have such a power.
[Oct. 18, 1697]
THO: TREVOR. Jo HAWLES.
Letter from the Commissioners of Customs to Mr. Randolph, Surveyor General of Customs in America, relative to the establishment of the Ports of Perth Amboy and Burlington.
[From P. R. O. B. T., New York Vol. IV., D 33, No. 3.]
The Commissioners of the Customs order to Mr. Randolph about Port of Perth Amboy.1
Mª RANDOLPH:
Having Received Intimations that some persons trading to East and West Jersies are not Content with the Priviledges allowed for the Loading and unloading
1Produced by Mr. Bass, Gov'r. of the Jerseys to the Councill of New York ye 23th July, 1698 in defence of a Port at Perth Amboy. Referred to in ye Earl of Bello- mont's L're of ye 21st Sept. 1698.
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1697] COMMISSIONERS OF CUSTOMS TO EDW. RANDOLPH.
of Goods and Merchandizes at Perth Amboy in East Jersey and in Birdlington [Burlington] in West Jersey, Whereby Directions from the Right Honoble the Lords Comissioners of his Maj'ties Treasury we have Estab- lished Officers to Collect the Duties Imposed by the Act made the 25th yeare of the Reigne of King Charles the Second to inspect the Enumerated plantation Com'o- dities which shall be laden upon shipps bound Directly to this Kingdome and likewise to Attend the Delivery of all European Goods brought from thence, but that such persons will attempt to Runn into private Creeks and harbours where there are noe officers, the better to Cover their Indirect practices. Wee direct that at y! Arrivall in those parts you make it one Cheife part of yo! Care and Endeavour for the Kinge's Service to Oblige all Merchants Masters of Ships and others to load and unload at those appointed and priviledged Ports of Perth Amboy and Birdlington aforesaid, being owned and agreed upon by severall of the proprietors in yo" heareing to be sufficient for the trade of both places, and that there may be noe prtence for Goeing Elsewhere, lett the Officers be Cautioned to give theire Constant and Diligent attendance in those Respective ports for the Dispatch of all Businesse both Inwards and outwards.
We rest yo! Loveing friends, JO AUSTIN SAM CLARK
ROBT HENLY BEN: OVERBON
Custom house, London 21th October, 97.
To Edward Randolph Esqre Surveyor Generall of his Maj'ties Customs in America.
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Representation from the Lords of Trade to the Lords Justices, against the right of the Proprietors of East Jersey to establish Ports.
[From P. R. O. B. T. Proprietors, Vol. 25. p. 176.]
TO THEIR EXCELLENCIES Y.R LD.8 JUSTICES.
May it please your Excellencies.
In Obedience to your Excelleys order in Council dated ye 23".ª of the last Month, that we should Examine the matter of a Petition of the Proprietors of East New Jersey thereunto annexed, and Report to your Ex- celley how we find the same, with our Opinion there- upon; We humbly represent to your Excellencies.
That the said Petitioners having set forth their Title to the said Province, togeth! with all Rivers, Bays, Harbours, Waters &e leading unto the same, for the free use of Navigation, free Trade and Commerce, as grounded upon a Grant from the late King James, dated the 14th of March 1682, Tho in reallity he were then only Duke of York, and derived his Title there- unto from a preceding Grant from the then King Charles the Second; they do im'ediately in the next words insert the Priviledge of Ports, as a property purchased by them, and as if it had been expressly before mentioned, tho it be not. And thereupon they proceed to complain of their Rights and Properties being invaded by the Govern' of New York in com- pelling their Ships to go up to New York, and deny- ing them the benefit of a Port at Perth Amboy Where- upon they pray for remedy
That in order to Our Information in this whole Mat- ter, we have perused not only the fore mentioned Deed of ye said Duke of York, but a Copy also (which they produced to Us) of the fore mentioned Grant of King Charles the second, for a large Tract of Land, in which
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the Province of East New Jersey is included, and which Grant of King Charles the Second is recited in the foresaid Deed of the said Duke of York, as the ground and foundation thereof; But not having found in either of the Said Writings any mention of the Priviledge of constituting Ports in the Province of East New Jersey; We then directed the said Proprie- tors to attend his Majesties attorney & Solicitor Gen- erall therewithall, And we thereupon propounded to his Majesty's said Attorney and Sollicitor Generall the following Queries Vizt
1.º What a Port is; and by what means any Place in his Majts Plantations in America may become a Port.
2. Whether by King Charles the Second's Patent to the Duke of York, Power was given to the said Duke, to constitute a Port or Ports in any of the Territories Granted to him.
3. Whether the Duke of York by his Conveyance to the Lord Berkley & S' George Carteret, did or could convey the Right of constituting Ports in any of the Lands thereby conveyed.
4. Whether upon the Division which the said Lord Berkley and S. George Carteret afterwards made of the Lands conveyed to them, they could convey any such power or right to the respective Proprietors to whom they told their Severall Shares.
5. Supposing the Territories of East and West New Jersey, now divided from New York were formerly united with it under one Government, and that the Citty of New York was then the Port for that whole Province so United; Whether upon Seperating of East New Jersey from New York, by the sª Duke of York's conveyance to the Earle of Perth and others, there be any right convey'd to them, or their Assignes, of con- stitut& a Port at Perth Amboy or elsewhere at their Pleasure.
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6. . Whether upon any further Divisions that may hereafter be made of the said Province, by the said Proprietors, each of the Severall Assignees, will also have a Right of constituting a Port or Ports in each of their Divisions?
Unto which Queries we received from his Majes- ties Atturney and Sollicitor Generall the following Answers Vizt
"1st We are humbly of Opinion That a Port in Our "Law is understood to be a place appointed for the "lading and unlading of Goods and Merchandizes, for "the better Collecting his Majesties Customes and "other duties; and that such Ports (by an Act made "the 25th Carl. 2ª Chapter 7th For better Securing the "Plantation Trade) are to be appointed in the Planta- "tions by the Commission"s of the Customs in Eng- "land by & under the authority and directions of the "Treasurer or Commissioners of the Treasury in the "respective Plantations, for the Collecting Such Cus- "tomes as are due to his Majesty in those Plantations. "2. That the aforesaid power of appointing Ports "granted to the Com'is"s of the Customes by the said "Act was not granted to the Duke of York by the said " Letters Patent.
"3. The Duke of York's grant to the Lord Berkley "and S' George Carteret, could not convey any such "Power, because he had no such power granted to "him by the Crown.
"The 4th 5 & 6 Queries are answered before in the " Answers to the former Queries: For if the Duke of "York had not Such a Power granted to him (as we " conceive he had not) Then his Assignees or any de- "riving und" them can'ot have such a power.
Upon this it appearing evident to Us that the said Proprietors have no manner of Right or power to con- stitute Ports either in East or West New Jersey from
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REPRESENTATION FROM THE LORDS OF TRADE.
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the late King Charles the second, the then Duke of York or any other person deriving authority from either of them; But that a Power of Constituting such Ports in any of his Majesties Plantations is vested by Act of Parliament in the Commissioners of his Majes- ties Customes, under the direction of the Lords Com- mission's of his Majesties Treasury; We humbly offer to your Excellencies in Order to a determination upon the Expediency of the thing, these following consid- erations vizt
That before the Seperation of the Jerseys from the Province of New York, the Citty of New York was the Com'on Port for both
That it is in no place (that we know of) either in England or elsewhere, usual to have two Ports inde- pendent on each other in one and the same River or within the same Capes or outlet into the sea, such a practice being manifestly lyable to great inconveni- encies.
That Perth Amboy lies on one side of the mouth of the same River wch runs by the Citty of New York, (that River being divided in the Mouth of it by an Island called Staten Island) and is within the same Capes.
That upon the Seperation of the Jerseys from the Province of New York the Magistrats of that Citty & Govern's of that Province have Severall times com- plained of the prejudice arising or apprehended to arise from thence unto that Province, Particularly the loss of their Trade; Consequently the loss of their Inhabi- tants; and the great diminution if not entire loss of his Majesties Customes there.
1
That in our humble Opinion, if the Proprietors of East new Jersey Should be allowed a free Port (either at Perth Amboy or else where in that Province) their Trade lying up the Same River and into the same Country, amongst the same Indians, as that used by
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the Inhabitants of New York, all the forementioned consequences would evidently follow
And that in consequence of these and such like con- siderations, we conceive it hath come to pass, that the most that ever has been granted (that we can find) unto the said Proprietors, has been by an Order of the late King James dated the 14th of August 1687. whereby the then Gouvernour of New York was re- quir'd untill further Order; to permit Ships to goe directly to Perth in East new Jersey; Tho' that also upon Condition only, That Officers to be appointed by the said Gov's or the Receiver Generall of New York should be there permitted peaceably & quietly to receive and Collect for his Majesties use, the same Customes and Imposts as are usually paid at N: York.
But the Constant Instruction which hath been always given to the Governours of New York upon that Subject both before and since, has been in the following form, which carrying with it the reason of the thing, We humbly crave leave here to insert viz!
"AND WHEREAS we are informed y' some of ye "Colonies adjoyning to Our said Province, under "Colour of grants from our self or upon some other "groundless pretences, endeavour all they can to "obstruct the Trade of New York. & Albany. Our " Will & Pleasure therefore is, That you do not suffer "any Inovation within the River of New York nor "any goods to pass up the same but what shall have " paid the duties at New York to the end the chief " benefit of that Trade may be preserved to the In- "habitants and Traders of New York and Albany, the "same being agreeable to the Laws of our sª Province, "and to former practice, as well as necessary for the "Collecting of those Customes & other duties wch are "to be raised for the support of Our Governm' there; "And if you find ye Inhabitants of E: Jersey have "any other way of Trading with the Indians than by
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" ye sd Riv! of N: York, you are to use your endeav's "to prevent y.e same, & to give us advice there of " wth yo! opinion w! is proper to do therein.
WHEREUPON we humbly crave leave to offer to your Excellencies this one further consideration vizt That the Province of New York being the Frontier of all his Majesties Territories in those parts, the most ex- posed to the French and their Indians, and upon that account the said Province having been obliged during all the late War to be at a very great charge for the maintaining of his Majesties Forces there, with very little assistance from any of their Neighbours, We are humbly of Opinion that it is reasonable all priviledges of this kind which do not infringe the Rights of others, Should as much as possible be preserved unto the said Province of New York.
All which never the less
is most humbly submitted.
Whitehall October y: 27. 1697.
J: BRIDGEWATER PH: MEADOWS JOHN POLLEXFEN JOHN LOCKE ABR HILL GEORGE STEPNEY
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Authority to George Willocks from the Proprietors of both East and West Jersey, to receive Quit Rents.
[From Grants and Concessions, p. 214.]
Proprietors to George Willocks.1 A power to re- ceive Quit Rents, also to sell them under cer- tain restrictions.
THIS INDENTURE made the first Day of December, in the 9th Year of the Reign of our Sovereign Lord WILLIAM the Third, of England, &c. King, Anno Domini 1697. Between William Penn. Thomas Hart, Thomas Barker, Walter Benthal, Joseph Ormston, Joseph Wright, Peter Sonmans, William Dockwra, Thomas Cooper, Clement Plumstead, David Lyell, Archibald Campbel, Esq; Walter Riddel, Sir Thomas Lane, Paul Dockminique, Robert Mitchel, John
Pro: Willocks 1 originally of Scotland, having inherited the proprietary right of his brother, James Wil- locks, "Doctor of Medicine in Kennay," came to the province in 1684, bringing with him two servants; but after a few years he returned to England, and nothing is heard of him until his return clothed with the authority vested in him by this commission, and in charge of a vessel and cargo to be disposed of for the benefit of the proprietors. Soon after his arrival he was appointed Chief Ranger, the duties of which office are not definitely known, and also one of the Commissioners for the Court of Small Causes. He made Amboy, at first, his place of residence, but afterward removed to Monmouth County, where he married Mrs. Winder, the widow of Samuel Winder, and daughter of Deputy Gov- Rudyard. In 1701, having been appointed Deputy Surveyor under John Reid, he again made Amboy his place of residence, and with some intermissions,-being stiled of "Elizabethtown " in 1711; of " Philadelphia," in 1724, and of London, in 1726 ;- he continued to reside there until his death in 1729. The possession of con. siderable business ability may account for the various stations to which he was appointed, but there is nothing to indicate that any very exalted opinion of him was entertained by his fellow citizens. Influenced by his wife, he left considerable property to St. Peter's Church, Perth Amboy, and a tablet to their joint memories was erected in the church some years since. Mr. Willocks left no children. The bulk of his property went to a nephew and niece, George Leslie, and Anna, wife of John Ritchie, who removed to the province in consequence. See Contributions to the history of Perth Amboy and the Surrounding Country-pp. 80 -- 84 .- ED,
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