USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 17
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3 Several documents, referring to this and other instances of difficulties between Lewis Morris and the Courts and Governor, will be found in connection with a memorial from William Dockwra to the Lords of Trade, under date of October 31st, 1709 .- ED.
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Proclamation of the Earl of Bellomont, against the establishment of Ports in New Jersey.
From P. R. O. B. T. New York, Vol. 4, C. 17.]
Proclamation by the Earle of Bellomont for main- taining ye Port of New York in its privileges against the Jarzies:
BY HIS EXCELLENCY
Richard Earl of Bellomont, Captain General and Governour in Chief of His Majesties Province of New York, and Territories depending thereon in America, and Vice Admiral of the same, &c.
A PROCLAMATION.
Whereas the Proprietors of East-New-Jersey have been very pressing with the Right Honourable, the Lords Commissioners for Trade and Plantations, to have the Priviledge of a Port at Perth-Amboy within the said Collony of New-Jarsey, assertaining that they have a Right thereunto by virtue of a Grant they obtained from the late King James, dated the 14th of March 1682, though in reality he was then only Duke of York, and derived his Title thereunto from a pre- ceeding Grant from his Royal Brother King Charles the Second; and have thereupon complained, that their Rights and Properties have been invaded by the Government of New York, in compelling their Ships to go up to New-York and denying of them the benefit of a Port at Perth-Amboy. Which Complaint having been taken into the Consideration of the said Right Honourable, the Lords Commissioners for Trade and Plantations, who, with the Advice of his Majesties Attorney and Sollicitor General, gave unto His Majesty their humble Opinion, That by an Act of
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1698]
PROCLAMATION OF THE EARL OF BELLOMONT.
Parliament made in the 25th year of King Charles the second, Cap. 7, entituled, An Act for the better secur- ing the Plantation Trade, That all ports are to be ap- pointed in the Plantations by the Commissioners of the Customs of England, by and under the Authority and Direction of the Lord Treasurer, or Commissioners of the Treasury in the respective Plantations, for the collecting such Customs as are due to his Majesty in these Plantations. And that the aforesaid Power of appointing Ports, granted to the Commissioners of the Customs by the said Act, was not granted to the Duke of York by the said Letters Patents; and also the said Duke of York's Grant to the Lord Berkley and Sir George Carteret could not convey any such power, because he had no such power granted to him by the Crown. Whereupon it appeareth evident, That the said Proprietors have no manner of Right or Power to constitute ports either in East or West New Jarsey, from 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 Customs, under the Directions of the Lords Com- missioners of his Majesty's Treasury.
And the said Right Honourable, the Lords Commis- sioners of Trade and Plantations were further humbly of Opinion, That all priviledges should, as much as possible, be preserved unto the Province of New-York. Which his Majesty was most graciously pleased to Approve; and thereupon was pleased to dismiss the said Petition of the Proprietors of East New-Jarsey and to order, That there be not any Innovation 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 benefit of that Trade may be pre- served to the Inhabitants and Traders of New York
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[1698
and Albany, the same being agreeable to the Laws of his Majesties said Province, and to former Practice, as well as necessary for the collecting of those Customs and other Duties which are to be raised for the support of his Majesties Government in his said Province.
And whereas I am Informed, That notwithstanding of the Declaration of His Majesties Royal Will and pleasure in the premises, the proprietors and other the Inhabitants of the said East New-Jarsey, do contrary thereunto, endeavour to settle and establish a port at Perth-Amboy, to the great Obstruction and Decay of the Trade and Revenue of this His Majesties Province. I have therefore thought fit, by and with the Advice and Consent of His Majesties Council, strictly to charge and command His Majesties Collector and Receiver General of this His Majesties province of New York, and all Custom-House-Officers under him, and all other person and persons whom these presents may or can concern, that all and every of them in their respective places and Circumstances, do take effectual care that no Ship or Vessel be suffered or permitted to go unto Perth-Amboy, or unto any other Port or place within the said East-New-Jarsey with any Goods or Merchandize whereon any Duties or Customs do arise by virtue of the Laws of England and this province, without their first coming and entring the same in his Majesties Custom-House at New York, and paying there the aforesaid Duties established by the Laws, as aforesaid. And if any Ship or Vessel shall, contrary hereunto, go into any port or Harbour in the said New-Jarsey, then his Majesties Collector and Receiver General, or any Officer appointed by him, shall seize and stop the same until discharged by due course of Law. And all Per- sons are hereby strictly Charged and Commanded to take Notice hereof accordingly, as they will answer the contrary at their Peril.
1698] EARL OF BELLOMONT TO THE LORDS OF TREASURY. 221
Given at Fort William Henry the Twenty Fourth Day of May, 1698, and in the Tenth Year of the Reign of Our Sovereign Lord, WILLIAM the Third, by the Grace of God, of England, Scotland, France and Ire- land, King, Defender of the Faith, &c.
BELLOMONT. GOD SAVE THE KING.
[Endorsed] Transmitted by ye Earle in his Lett' dated 25th May 1698.
Earl of Bellomont to the Lords of the Treasury, Enclosing the Foregoing Proclamation.
[From New York Col. Docts., Vol. IV., p. 318.]
To the Right Honble the Lords of His Majtys Treasury :
My Lords [Extract]
* * * * I have refused to permit Procla- mations to be printed in this City by the Gov' of the Jerseys publishing that Perth Amboy and Burlington are free ports, because I find that the laws of this Province do raise a considerable Revenue for the sup port of this Govern' from Customes on Goods, which the ports in the Jerseys will be free from, and the port of Amboy being but twenty mile from this, The Merchants will all transport themselves thither, and carry away all the trade to the destruction of this Govern I thought this affair of so great consequence, that I have likewise given this account thereof to the Lords of the Councill of Trade, that I may have His Majtys pleasure therein for my direction. * * *
BELLOMONT.
New York May 25th 1698
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NEW JERSEY COLONIAL DOCUMENTS.
[1698
Earl of Bellomont to the Lords of Trade.
[From New York Col. Docts., Vol. IV, p 314.]
To the Right Honble the Lords Commiss's of Coun- cill of Trade and Plantations.
My Lords [Extract]
* * * * * % Your LordPs representation of the 27th Oct. 1697 and His Majtys order in Councill thereon, relating to the Port of New York, I immediately com- municated to the Councill and have accordingly pub- lished a Proclamation (which I herewith send) declar- ing His Majtys. pleasure in maintenance of the Priviledges of this port against the pretended right of Perth Amboy in East Jersey, which has given great satisfaction here, for, upon a report that the proprie- tors of the Jersies has obtained His Majtys consent, that Perth Amboy in East Jersey and Burlington in West Jersey, should be declared ports, several of the Mer- chants of this Town were going to remove to Perth Amboy, where they proposed to themselves, the advantage of importing all sorts of merchandise free from duty; of this their resolution I writ Your Lordps an account in my letter of the 18th inst: before the receipt of your last letters. * * * % * *
My Lords Your Lordships most faithful humble servant
New York 25 May 1698
BELLOMONT
223
DEPOSITION OF JOHN ELSTON.
1698]
Deposition of John Elston, one of Every's Crew, taken before the Governor of the Jerseys.
[From P. R. O. B. T., New York, No. 4, D. 4.]
John Elston's Affidavit May 27th 1698. Referred to in the Earle of Bellomts lettr of yee 1st of July, 1698.
PERTH AMBOY, May 27th 1698
John Elston aged about 20 yeares Declares that about the yeare 1692 being in London shiped himself with the Lieutenant of Capt Gibson (Averry being then Cheife Mate) they proceeded on the Voyage to the Groyne where (upon some Disorders amongst the Seamen for want of theire pay) they Runn away with the said ship turning said Capt Gibson into a Pinnace after they were under saile with others of the said Capt Gibsons officers. This said Elston being then asleep knew nothing of said Action, till Comeing upon Decke found the Ship under Saile, and then supposed said ship was Goeing for England Capt Gibson being sick they tooke him out of the Cabbin, and as above sent him ashore. Saies that the first Land they made was the Cape de Verd Islands stopping at one of them Called the Isle of May, that there was 3 shipps there supposed Bound for Barbados ffrom thence proceeded to the Coast of Guinea touching at the Gold Coast and severall other places, which he does not Remember; that Dureing the time of theire being on the Coast they tooke two shipps Danes and Swedes Laden with Goods for the Guinea trade takeing as many men out of them as were willing to saile with them turning the Rest on shore on the Island of
Belonging to the Portaguese and turning the shipps a Drift, that in the Acc'on they had a Dispute with
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NEW JERSEY COLONIAL DOCUMENTS. [1698
said shipps for about halfe an hour looseing one man namely Thomas .
. . , they Creaned their ship on the Coast at the Island of
from thence they went for the Cape of Good hope but stopped not there but at the Island Madagascar arriving at the Port of in said Island where they tooke in provisions and water, ffrom thence, we went for the Islands of Johanna and Comaro where they went on shore and traded with the Indians who Informed them that there was theire [three ?] ships on the other side of said Island two of which appeared in sight and both came within the space of two Gunns shott which made us to sigh and Run from thence we Directed our Course for the Bight Stopping a very little space at a Portaguese Island, not Going ashore nor within a Gunns shott yett the ffort fired one or two Gunns towards us, from thence to the aforesaid Islands of Johanna and Comero to heare what newes the aforesaid ships had Brought and where we had left one of ships Comp? (sicke of the Dry Belly Ake) from thence we sayled for the Cape that makes the Gulph of Arabia on the Redd Sea where we Gott in fresh provisions as Goates &cª the Inhabitants being very Civill to us that about two dayes afterwards sayleing along shore, we came to an Arabian Mosque, to which our Company blew [drew?] up, from thence to the Entrance of the Redd Sea, where we came to an Anchor waiting for ships and Juncks Comeing from Mova, that we lay there about a fort- night or 3 weeks without takeing any purchasse. That in the time of our soe lying and Continueing amongst said Islands, we sent our Pinnace up to Mova, and at her Returne they brought us word that the fleet was Ready to saile as I heard, for the next night after the ffleet sayled and passed us undiscovered. The Day following we saw a small vessel or Junck without of the Port of Mova which Caused us to weigh Anchor and Chased her about an hour then tooke her with our
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DEPOSITION OF JOHN ELSTON.
Pinnace, That at this time there was added to our Company 4 or 5 sayle more we tooke the Master of said small Vessel and some of his men and examined them, whether the ffleet was sayled or not. Theire Answer was that they sayled the night before, we tooke nothiug out of her but some Locus and provisions and such Greene Trade keeping the Master of the Vessell on Board for a Pilott, and his Vessell following us. We made the best of our way after the afore- said ffleet as Did the Rest of our Consorts, but there was but one of them that Could Keep us Company. When we came into the Bay of Bengall, and finding that we had out Run the ffleet, We hawled up all our sayles and lay by. A Little before Day a ship Came by us within about a Pistoll shott after which we made sayle and after Day fired at her, whome we tooke being a ship of about six hundred Tunns a slight ship haveing only their Money on board the Quantity Re- puted to be about (or more then) Twenty thousand pounds Wee kept her in Company about 24 hours takeing out what we thought proper for our own use, and then lett her Goe. We proceeded further in to the Bay. Capt: . Wake Master of a small Barke of about 80 Tunns with 8 or 10 Gunns supposed one that came from New Yorke within said Bay, we Discovered theire sayle supposeing them to be Dutch- men of Warr we stood away from them fireing a Gun to Leeward letting them know that we were freinds. Standing out of the Bay aforesaid wee mett with another Ship which we fought about an hour and a halfe, she being about sixteen hundred Tunns fforty or ffifty Gunns mounted and others in hold. That we had then in Company the aforesaid Capt: Wake, and Capt Tew's Sloop Burthen about 70 Tunns 6 or 8 Gunns who Both Assisted us in the Engagement, on our part we had one or two men wounded we Entred her and kept her about .twenty-four hours That we
16
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NEW JERSEY COLONIAL DOCUMENTS. [1698
Esteemed her worth about two hundred thousand pounds the said John Elston was not aboard of the ship, but as he heard there was some women on board of her: The next place we went to was further on the Coast of India where we bought fresh provision Rack &cª and from thence touched at a ffrench Island neare Madagascar where we took in more fresh provisions from thence we Directed our Course to the West Indies touching at some other Islands but tooke no other pur- chase, at last Arrived at providence one of the Bahama Islands where the Governor gave us leave to Come in for which we gave him a Considerable sume of money, but what Quantity Cannot say. That the ship was Delivered to the Governor to take Care of her to the use of the owners, but before they came away she Drove ashore and was lost. Capt: Every with about 16 of his men bought a Sloop, and as he believed went for England the Rest of the men Dispersed themselves as they thought fitt. The persons that Came with the aforesaid John Elston as he Remembers namely John Baker, Edward Lacy, William Merrick, the Boatswaine Doctor and some others who went a shore at ffishers Island. That the persons above menc'oned were Assist- ing and Acting at the takeing of both the shipps in the Bay aforesaid of Bengall That the aforesaid William at the Groyne belonged to the Ship Dove and Came on Board the ship Charles alias ffrancis with Severall others from other ships there and Came with us to the Island of Providence and from thence by way of ffishers Island to East Jersey.
Jurat Coram nobis JERE: BASSE JNº. BISHOP
JOHN ELSTON
a True Copy BELLOMONT.
1698]
PROCLAMATION OF GOVERNOR BASSE.
227
Proclamation of Governor Basse, establishing Perth Amboy as a Port.
[From P. R. O. B. T., New York Vol. IV., C 51.]
Gov! Bass, his Proclamation abt ye Ports of ye Jerseys.
BY THE GOVERNOUR OF EAST NEW JERSEY &C. A PROCLAMATION.
WHEREAS by an Act of Parliment made In the 25th yeare of King Charles 2ª The Power of Establishing Ports In All his Majesties Collonies and Plantations are Invested In the Comissioners of the Customes of England, under the directione and Authoritie of the Lord Treasurer or the Comissioners of the Treasurie for the time being, And whereas the sayd Comission- ers under the directione and Authoritie Aforesª pur- suant to those Powers, Have constituted & Appoynted PERTH AMBOY In East New Jersey to bee A Port & Have Accordingly Comissionated officers & delivered them Instructiones and necessarie orders for the secure- ing and receiveing his Majesties Dueties & customes upon All Merchandies Imported and Exported to & from the sª Port, and to Act & do whatsoever besides doeth Appertaine to theire respective officers & trusts, And the Governour being charged, both by Oath & for the tender whereof A Dedimus Potestatem was sent under the great Seale of England. And a particular precept signed by his Majestie under the Privie Seale, And by Large orders & Instructiones from the Lord's Justices to the Governour of the sª Province for the time being, which is subscribed by the Lords Comis- siones of the Treasurie to take effectual care, that All matters & things Relateing to the Acts of Trade &
+
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NEW JERSEY COLONIAL DOCUMENTS.
[1698
Navigation bee duely observed & Effectually executed & to cause Due prosecution of such persones as shall any wayes hinder or Resist any of the sª officers of the Customes. In the performance of theire Duetie. And the sª Port of Perth Amboy being further named & declared by the sª Comissioners of the Customes to bee an Appoynted & Priviledged Port In A particular Letter of Instructiones from the Comissioners Afores! directed to Edward Randolph Esq' Surveyor Generall of his Majesties Customes In America Requiring him to oblidge All Merchants Masters of Ships & others to Loade & unloade at the Appoynted & priviledged Port of Perth Amboy In the sª Province & that there may bee no pretence of goeing Elsewhere, that the officers do Attend theire Respective Ports for the dis- patch of All business &c:
I DO THEREFORE with the Advice & consent of the Councill of sª Province (answerable to the trust re- posed In mee) declare to make knowen that by the Authorities aforest Perth Amboy In East New Jersey is A Port duely Established & Appoynted whereto All persones lawfully tradeing cannot fayle of protection by the Authorities of the Act of Parliment & other Powers before Recited, The sayd Act Certifieing by whome & by what methods Ports are to be constituted Given under my hand and the Seale of the s! Province At Perth Amboy this thirtieth day of May Anno Dom: 1698. In the tenth yeare of the Raigne of our Sover- aigne Lord William the third over England &c:
KING.
229
GOVERNOR BASSE TO EARL BELLOMONT.
1698]
Correspondence between Governor Basse and the Earl of Bellomont, relative to the delivery of two privates to the latter.
[From P. R. O. B. T., New York, Vol. 4, D 3.]
L're from M! Bass Gov! of ye Jerseys to ye E. of Bellomont abt two of Every's Crew, wth the E of Bellomont's answer.
PERTH AMBOY. ye 17th June 1698. My Lord,
I noe sooner received the Precept Signed by m" Tuder for the delivery of the two prisoners for pyracy and Dep'dation super altum mare but I Imediately Convened the Councill of the Provence, it being the first writt of this kind that ever came into this Province. I found them unanimous in their opinion that p"cepts from the Admiralty board on Admiralty affairs ought to be obeyed, but withall they Judged it highly Reason- able that the Com'on, [ ? ] should be recorded in this prov- ince to which they give obedience they otherwise Acting by an Implicite faith, Your Lordships Commission of Vice Admirall Superceding the prtentions the Proprie- tors had to that Right (they are Informed by . . . of the like Usage in other cases) ought to bee published in every provence where it takes place together with those other Comm'ons by which ye Court is held, These my Lord were the Reasons that Induced me to stop a p'cept ready drawne to the Sherriff for the De- livery of the prisoners to your Marsh! not thinking it Safe to act by my own opinion & knowledge of your L'dships Authority Contrary to the Generall adjudg- ment of my Councill untill I receive farther Orders together with a publication of your L'dships and the Judge Admirall Commissions, which I could wish were in as litle time as possible the Expence of the Country
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NEW JERSEY COLONIAL DOCUMENTS.
[1698.
in Securing them being Still uneasy, & our Goale being not soe secure as that in your Citty of New York I hope y" Lordship will excuse what is amiss, and be- lieve me to be- -
Your Ldships very humble Serv
JER: BASSE.
[Earl of Bellomont in answer to the foregoing.] SR.
I have Communicated yours of the 17th of Instant to the Gentlemen of the Coucill of this Province who Joyne with me in opinion that your disobeying the p'cept of his Majesty's Court of Admiralty of New York is a high Contempt of his Majesties Authority, & that your Councills opinion Cannot Justify you in it, who acknowledge in your letter to be fully aprized of the said authority which you acknowledged to Coll. Smith Judge of the Admiralty who offered you further satis- faction if you desired it, at your last being at New York to which you replyed you were full Satisfyed, and would give obedience to the p'cepts when offered to you.
The Jerseys being subjected by his Majestie to the Court of Admiralty of New York and the powers & the Authorities of sd Court being upon record there Access may be had to the sd Records by any that please which is a Sufficient publication to the Jersies and will take away all Excuse for the disobedience to its author- ity the records of a Court being always kept where it is held, Therefore by advice and Consent of the Coun- cill I doe hereby require you to give all due obedience to such precepts as shall Issue out of the said Court of Admiralty of New York as you will answer the Con- trary at your Perill which I accordingly hereby Signi- fye to you.
Your humble Servant,
New York June 18th 1698, BELLOMONT.
231
ATTORNEY GENERAL OF N. Y. ON AMBOY PORT.
1698]
-
Reasons of the Attorney General of New York, why Perth Amboy should not be a Free Port.
[From N. Y. Col. Doc'ts., Vol. IV., p 382.]
To His Excellency the Right Honourable the Earl of Bellomont.
May it Please your Lordship.
In the yeare 1664 King Charles grants to the Duke of York all the lands betwixt Connecticut and Dela- ware River. In the same yeare the Duke of York grants all the lands betwixt Hudson's River and Dela- ware River to S' George Carteret and John Lord Bar- clay.
Sir George Carteret appoints in the year 1665 [Philip] Carteret, his Governour to settle East New Jersey part of the said grant.
In the year 1672 the Dutch take this Province and the East and West Jerseys. In the year 1774 S! Ed- mund Andros by articles of peace receives this province from the Dutch with orders to deliver unto his Royall Highness the Duke of Yorke who had a new grant for the same from King Charles the Second.
The Duke of York gives a new grant to Sir George Carteret for East New Jersey in the said year 1674, another to John Lord Barclay.
Sir Edmund Andros confirms all things done by the Dutch: New Yorke made a free port: Sir Edmª An- dros confirms the duties laid by the Dutch upon trade, takes of in the year 1675 the Burgers pack or Excise at New York, but exacts the other duties. In 1676 Colonel Carteret pretends to clear a sloop at [for?] Carolina, was obstructed by S' Edmund Andros.
In the year 1678 put a duty of twenty shillings p". hogshead upon rumm.
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NEW JERSEY COLONIAL DOCUMENTS. 2 [1698
In the year 1679, Governour Carteret declares that all vessels that will come and trade to East New Jersey shall be free.
One Mr Hooper orders a Ketch from Barbadoes to goe thither upon that proclamation: the Ketch was brought up to New Yorke and made to enter here & pay the dutys before she could carry her rumm to New Jersey. In the same year S' Edmund Andros seized upon the Governour and Government, calls an Assembly there, comes to no conclusion. In the year 1681 the executors of S! George Carteret sell East Jersey the purchasers send over Thomas Rudyard, Samuell Groom to be Governours, they erect a town at Amboy, pretend to great priviledges, make some settlements there, but brings noe shipping further than Staten Island, where they were permitted to convey household gooods.
In the time of Colonel Dongan a ship goes to Amboy without reporting at New York, was afterwards brought hither and permitted to load from this port. Complaint was made home thereupon and the King ordered they might have a port at Amboy upon con- dition that his collector at New York should appoint and take security that all ships that should come and load or unload at Amboy should pay the duties arising to His Majesty in New York; upon which terms they accepted a Collector, and was accordingly sworn to execute that office. And in this state continued untill the time of the happy Revolu- tion. Since which time there hath been noe preten- tions unto a freedome of a port until now.
Reasons humbly offered why Amboy ought not to be a free Port:
Imprimis the Province of New York hath a revenue established upon the trade to and from the Province by which his Majesty is enabled to defray the charge of his government, which cannot be duely paid if
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