USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 19
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Unto which I am commanded to add that their Lord- ships observing that M". Bass now waves the former pretence of a Right derived from the Duke of York and builds chiefly upon the commissions granted by the Commissioners of his Majesties customes to their Officers at Perth Amboy from whence he seems to in- fer either a direct Establishment or at least Tacit Sup- position of a Right to a Port in that place by vertue of the act of Parliament of the 25th Ch: 2ª They are desirous to know if the Commissioners of the Customes have received the like Informations from the Earl of Bellomont about this Business and what Order they have taken therein; Or if they had not received So full Information before, Their lordships desire they would now please to consider the Papers I send You, and let them know their thoughts thereupon; Because it seems much for his Majesties Interest, and of great import- ance to the province of New York, and consequently to the Security of his Majesties other plantations in America, (of which New York is the most considera- ble frontier) that his Majesties forsaid Order in Council and the Instruction constantly given to all the Gover- nors of New York upon that Subject, be punctually observed.
Their Lordships observing also that the Earl of Bello- mont in his Letter of the First of July last makes mention of a vessel Seized by M. Randolp in the Jerseys and afterwards Tryed in the Court of AdrIty of New York, they desire you would let them know the Subject and Success of that Tryall, I am &c
W. P.
Whitehall
Decemb". the 22ª 1698.
1
1698] PETITION FOR ANDREW HAMILTON AS GOVERNOR. 249
Petition of the Proprietors of East Jersey, that An- drew Hamilton may be approved of as Governor.
[From P. R. O. B. T., Proprietors, Vol. 2, A 42.]
Petition of the Proprietors of East New Jersey.
TO THE KINGS MOST EXCELLENT MAJTIE
The humble Petic'on of y: Proprietors of the Province of East-New-Jersey in America.
Sheweth
That Andrew Hamilton Esq' by appointment of your Peticoners hath been Governor of East-New- Jersey for many yeares last past, In which Office he behav'd himself wth so much Zeal & affection to your Majtes Service dureing the late War agt the French of Canada, and wth so much justice & Prudence towards yo! Majties Subjects the Inhabitants of that Collony, that your Petic'oners at the generall request of that People have again nominated him to be Governor of the same Province: as a person most acceptable to the Country, and thereby most capable of serving ye Crown both in Peace & War.
Your Pet's doe therefore most humbly beseech yo". Majte to allow & approve of their choice of the said Andrew Hamilton to be Governour of the said Province of East New Jersey.
And yo". Pet's as in duty bound shall ever pray &c :.
Signed by Order of the Proprietors on behalf of the whole
WM DOCKWRA
. One of ye Prop"s & Secr. & Reg"
of the Provincee
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NEW JERSEY COLONIAL DOCUMENTS.
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Secretary Popple to Attorney Generall Trevor, ask- ing his opinion as to the qualification of Andrew Hamilton, as Governor of East Jersey, he being a Scotchman.
[From P. R. O. B. T. Proprieties, Vol. 25, p. 303.]
TO SIR THOMAS TREVOR, Knight,
His Majestys Attorney Generall. ST.
His Majesty having been pleased to Refer unto the Consideration of the Lords Commissioners of the Council of Trade and Plantations a Petition of the Proprietors of East New Jersey in America, Praying that Andrew Hamilton Esq" whom they have nomi- nated to be Governor of that Province may have his Majesties Royall allowance and approbation for that Employment, Their Lordships have commanded me to acquaint you that the said Hamilton is a Scotchman born, and thereupon, to desire your Opinion whether he be qualified for that Employment, in respect of the Act for preventing frauds and regulating abuses in the plantation Trade, or any other Law of this Realm. I am &c W. P.
Whitehall Jan. 7
the 17th 1698 9
Attorney General Trevor to Secretary Popple, in answer to the foregoing letter. [From P. R. O. B. T. Proprieties Vol. 2, B. 44.] Lr'e from M! Attny Gen! in answer to one writ him abt Mr Hamilton, a Scotchman, propounded to be Govt of the Jerseys.
For W? Popple Esq" SR
According to the Comands of the Lords Com"s of the Council of Trade Signified to me by yo! L're of the
251
SECRETARY SANSOM TO SECRETARY POPPLE,
1699]
17th of Jan'y last I have considered of the matter wherein my Opinion is required by their Lords'ps, and am humbly of Opinion That a Scotchman borne is by Law capable of being appointed Governor of any of the Plantac'ons, he being a natural born-Subject of England in Judgm! and Construcc'on of Law, as much as if he had been born in England.
Your most humble Serv!
2.ª Febry 1698. [1698-9]
THO: TREVOR
Letter from Secretary Sansom to Secretary Popple, transmitting a report of the Commissioners of the Customs, about Perth Amboy.
[From P. R. O., B. T .; Proprieties, Vol. B 2, 52.]
Lr'e from M! Sansom in answer to one writ him ye 22th of Decr last ab! Perth Amboy, with ye Copy of a Report of ye Com's of ye Cus- toms to ye Lds of ye Treasury npon ye same subject.
SR
I received your Letter dated thie day-For answer to which You will please to be Informed That the Comm's haveing perused the severall Papers Trans- mitted in yours to me of the 22th of December Last Re- lating to the Business of Perth Amboy, and such others as They had before them concerning that matter Have this day Finished a Report to the R! Honble the Lords Comm's of his Ma's Trea'ry from whome Papers to the like purpose were Referred to them, to Consider of, and have sent the same forward their Lordpe of which
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NEW JERSEY COLONIAL DOCUMENTS.
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For the more speedy Information of the Rt Honoble the Lords Comm's of the Councill of Trade, I herewith send you Copy.
As to the Later part of your said Letter of the 22th of December Touching a vessel seized by M' Randolph in the Jerseys and afterwards Try'd in the Court of Admiralty of New Yorke, Desireing to know the Sub- ject and Success of that Tryall. The Comm's have spoke to the mast" of the Ship, By whome They were In- formed Mr" Randolph had sent them Accots of thie matter, And are Told by the said Mast". That being in Distress in his Passage home, he Threw Mr. Randolphs Pacquet over board, amongst other things, Soe that the Comm's are yet without Notices from MY Randolph in that business. I am
Sr You most humble servant
Custome house, London 21th February 1698 [-9].
JNO SANSOM
MR. POPPLE.
Copy of a Report from the Comm's of the Customs to the Lords of the Trea'ry About the Settle- ment of a Port at Perth Amboy. [Transmitted with the foregoing.]
MAY IT PLEASE YOUR LORDS'PS
In obedience to your Lords'ps com'ands Signified to Us at Our late Attendance on your Lordships on a Letter from M' Popple to M' Lownds of the 14 Decem- ber last Concerning the Dispute between his Excellency the Earle of Bellomont Governour of New York &c? and Coll! Bass Governour of East and West Jersey about the Settlement of a Port at Perth Amboy Wee do humbly report to Your Lords'ps that Wee have Considered the said Letter and other Papers therewith Referred to us on this Subject And do Humbly Report to Your Lords'ps That besides the Act made in the 25th
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1699]
REPORT OF THE COMMISSIONERS OF CUSTOMS.
Yeare of the Reign of King Charles the Second for better Securing the plantac'on Trade whereby the man- ageing and collecting the Rates and Duties payable by that Act is Lodged in the comm's of the customs under Your Lords'ps Authority. There is another Act in the 7th and 8th Year of his present Matys Reign for prevent- ing Frauds and Regulating Abuses in the Plantac'on Trade which for the better execution the Severall Acts of Parliament relating thereunto doth provide That the Lords Comm's of the Treasury and Comm's of the cus- tomes in England for ye time being Shall and may con- stitute and appoint Such and So many Officers of the Customes in any City, Town, River, Port, Harbour, or Creek of or belonging to any of the Islands Tracts of Land and Proprieties when and as often as to them Shall seem needfull Pursuant to which Law (not men- c'oned by the Rt Honble the Lords Com's of the Councill of Trade in their Representation to Their Excellencies the Lords Justices of the 27 of October 1697) Your Lords'ps were pleased by Your Warrant of the 20h of November 1696 to approve of a Collector at Perth Amboy in East Jersey and another at Bridlington in West Jersey which Constitution in those places was proposed with others to Your Lordship's from the Opinion of the Surveyor Generall of the Customes in his Majesties Plantacions. That it would be a Reason- able Accommodation to the Traders in those Provinces as well for the Security of the Revenue as for the more Effectual Observance of the Severall Acts relating to the Plantac'on Trade to which Purpose the Officers have Instructions from this Board to Collect the Rates and Duties Imposed by the aforesaid Act in the 25 Yeare of the Reign of King Charles ye Second upon Tobacco and other Plantation Comodities therein Enu- merated which shall be Shipt or Loaden from thence for any other of his Ma's Plantac'ons .- as also to in- spect the like Com'odities which shall be Laden in ships bound directly to this Kingdom And to attend the De-
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NEW JERSEY COLONIAL DOCUMENTS.
[1699
livery of all European Goods brought from home and prevent the Importation thereof from other places and likewise to take Care That all Goods be Imported and Exported in Ships Qualified according to Law which are the Chiefe Matters those Officers are charged with Nor was Establishment of a Collector at Perth Amboy any wages intended (nor can it in our humble Opinion be understood) to exempt those inhabitants of New Jersey from the Payment of any Dutyes they were before chargeable with to the Government of New York and are wholly different from those which the Collector of the Customes is charged with at Perth Amboy and are not under Our'Direction as may appear from Our Report to Your Lords'ps of 31 August 1697 upon this Subject Copy whereof is hereunto annexed All which is humbly Submitted to Your Lords'ps Consideration
CHARLES GODOLPHIN SAMUEL CLARK
WALTER YONGE
BENJ A OVERTON
WILL" ST QUINTIN
CustomhouseLondon 21 Feby 1698. | 1698-9.]
Order of Council referring to the Lords of Trade a Petition from the Proprietors of East Jersey. [From P. R. O. B. T. Prop., Vol. 2, B 56.]
Order of Council upon a Petition of Ye Proprietors of East New Jersey, about a port at Perth Amboy.
At the Court at Kensington the 9th of March 1698 [1698-9] Present THE KINGS MOST EXCELLENT MATY IN COUNCILL UPON reading this day at the Board the Petition of
255
ORDER OF COUNCIL TO THE LORDS OF TRADE.
1698]
the Proprietors of the Province of East New Jersey in America, concerning the Port of Perth Amboy in the said province It is Ordered by His Maty in Councill that it be and it is hereby Refered to the Rt Honble the Councill of Trade to examine the matter of the said Petition, a Copy whereof is hereto annexed, And to Report to this Board what they conceive fit to be done therein And it is further Ordered that M". Atturny Generall and M' Solicitor Generall do attend the Councill of Trade at the said Examination.
JOHN POVEY
[Enclosed in the foregoing.]
TO THE KINGS MOST EXCELLENT MATY
The humble Petition of the Proprietors of the Province of East New Jersey in America.
Humbly Sheweth
THAT the Earle of Bellomont Your Matys Governor of New York in America in November last, Commanded Thirty or Forty Armed Men to Seize the Ship Hester, then Riding at Anchor within the Harbor of Perth Amboy in East Jersey (ready to sail with the product of that Country to the Maderas) and to carry the said Ship up to New York, where his Excellency caused an Information to be fil'd, in Order to her Condemnation, for not Entring and clearing at that Port.1
1 At a Council held at Perth Amboy the 26th of November 1698.
Present GOVERNOR BASSE JOHN ROYSE JOHN BISHOP (SAM'LL DENNIS
The Governor did Inform this Board that yesterday in the afternoon Capt. Mathews & Mr. Hungerford with between fifty and Sixty men in Arms did come from New York & by Surprise forcibly entr'd the Ship Hester & forcibiy detain'd her, and also forcibly do keep & retain Capt Richard Wise Com'ander of the s'd Ship & all the Seamen & Mariners (to her belonging) prisoners aboard the Said
256
NEW JERSEY COLONIAL DOCUMENTS.
[1698
That the Earl of Bellomont Justifies his Proccedings by vertue of your Matys Order in Councill made the twenty fifth day of November 1697, in Confirmation of a Report of the Rt Honoble the Councill of Trade, wherein ther Lopps declare their Opinion that your Petitioners have no Grant of any Port in East Jersey, And that the Allowance of such a Port will be Detri- mentall to New Yorke.
That the said Report is grounded upon Severall mis- Informations of matters of Fact, and the Proprietors had no Notice of the said Report or of your Matys con- firmation of it, till the same were published by the Earl of Bellomont in America, whereby yo" Pet's lost all opportunity of asserting their Right of Entring and Clearing Ships in East Jersey.
That your Pet's are advised by Eminent Councell that they have an undoubted Right of Entring and Clearing Ships immediately at East Jersey, and if they are deprived of a Common benefit of a Port (enjoyed by all other English Colonies) that fertile Country will be Deserted by the Inhabitants and return to a Wilder- ness, and your Pet's Estates there (which have lost them great Summs of Mony to purchase and Improve) will be totally lost.
That to obviate all objections which have been or can reasonably be made by the Inhabitants of New York against a Port in East Jersey, your Pet's will oblige themselves to procure an Act of Assembly of that Province for Imposing the same Dutys upon Goods,
Ship, and have hurt & wounded Several of the sd Marriners: His Honour the Gov- ern'r doth desire the Opinion & advice of this Board, whether he shall convene the Country & forcibly retake the Said Ship, or forbear & Suffer those people to do what they please.
It is the positive & unanimous Opinion of this Board that there be no force to re- take the Said Ship Hester." At a subsequent meeting December 12th the following was recorded "It is the positive and uanimous Opinion of this Board, the Governor do not medle or concern any further with the Ship Hester any manner or way, in Complyance with the Govern'r or Goverm't of New York."-Records of Governor and Council 1682-1703 pp 201, 202 .- ED.
1699]
MEMORIAL FÖR ANDREW HAMILTON AS GOVERNOR. 257
to be Imported into and exported from East Jersey as are or from time to time shall be payable for the Goods at New York, and to be applyed to the like uses as the Customes of that Port are applyed.
Your Pet's therefore most humbly pray that your Maty will be graciously pleased to permitt the free use of the Port of Perth Amboy, upon their procuring such Act of Assembly for Imposing the like Customs as aforesaid, Or that (for yo" Pet's vindication against the clamor of the Inhabitants of East Jersey, upon this oc- casion) your Maty will direct Your Attorney Generall, to Consent to a Tryall at Barr in West Minister Hall, upon a faign'd Issue, whereby yo" Pet": claim may re- ceive a Judiciall Determination.
And yo" Pet's as in duty bound, shall ever pray &c. WM DOCKWRA THO: COOPER THOS LANE
JOHN BURNET for
THO. BARKER P SONMANS
Robert Burnet JOSEPH ORMSTON WAL: BENTHALL
Wm BINGLEY for
GILB'T MOLLESEN for himself &
myself and and for THO: HARTE
Anthony Sharpe
Robert Barclay
J. COFFTING
E. RICHIER.
A true Copy JOHN POVEY.
Memorial from the Proprietors of West Jersey, ask- ing for the appointment of Andrew Hamilton as Governor.
[From P. R. O. B. T., Proprieties, Vol. (2) B 57.1
TO THE RIGHT HONOURABLE THE COUNCILL OF TRADE AND PLANTATIONS.
The humble Memoriall of the Proprietors of West Jersey in America.
May it please Your Lordshipps
Collonell Andrew Hamilton having executed the Office of Governour of the provinces of East and West
18
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NEW JERSEY COLONIAL DOCUMENTS.
[1699
Jerseys for severall yeares past with great Fidelity & reputation and the Prop"s of East Jersey having againe made choise of him to serve in the same Station, and humbly besought his Majesties Approbation of him by their Petition which is referred to Lour Lordsp: Wee humbly represent to LordsP.8 That wee have likewise elected Collonell Hamilton Governour of West Jersey, as the fittest Person in our Judgment to serve the King's Interest, and give satisfaction to his Ma'ties Subjects in that Colony And do therefore humbly re- quest Your Lords !. 8 That in the Report which Your Lordps shall think fitt to make upon that Petic'on of the Prop's of East Jersey, Your LordsPs will be pleased to certifye to his. Majesty Our Election of the said Collonell Hamilton to be Governour of West Jersey and Our humble desire of his Majesties Appro- bation of him.
[March 13th 1698-9] a
THOS LANE PAUL DOCMINIQUE E. RICHIER JOHN MOORE MICHAEL WATTS JOHN BRIDGES ROBT MICHEL WM HAMOND
Andrew Hamilton to Secretary Popple, relative to the action of the Lords of Trade on his appoint- ment as Governor of New Jersey.
[From P. R. O. B. T., Proprieties No. 1, B. 59.]
Lr'e from Mr. Andrew Hamilton to ye Secry desiring a speedy Report upon the Petic'on & Meml! of of ye Jersies abt his being appointed Gov!
Being inform'd that their Ld'ps have been taken up with multiplicity of affairs, I was unwilling to inter- rupt their Ld'ps with any motion of mine.
259
MEMORIAL OF THE PROPRIETORS.
1699]
But now for the Season of the year disposing those concerned in Shipping bound to New York & Boston, to dispatch them speedily, & the latest to sail 14 dayes hence, puts me under a necessity to remind their Ld'ps of the petition & Memorial of the Proprietors of the Jerseys concerning me, which lyes before the Board.
The State also of the Post in America which is un- der my care,' doth call for my speedy repair thither, The Acts of Assembly of those Colonies which ascer- tain the Rates upon letters being near expired, & will not be easily renewed without my personall applica- tion.
I humbly therefor move their Ld'ps by you Sr that a Report may be made against next Council day if it may suit with their Ld'ps convenience
Sr Your most obedient servant
23ª March 98 [98-99] AND: HAMILTON
Memorial of the Proprietors of East Jersey to the Lords of Trade, in relation to the seizure of the ship Hester, & their claim to free ports.
[P. R. O. B. T., Proprieties, Vol. 3, C 1.]
TO THE RIGHT HONBLE THE LORDS OF THE COUNCILL OF TRADE AND PLANTATIONS.
The Humble Memorial of the Proprietors of East New Jersey in America.
THE said Proprietors having lately presented their humble Petic'on to his Majesty in Councell, since re- ferred to, and lying before your Lordshipps, wherein
1 Col. Hamilton, at that time, was Postmaster General for New Jersey and some of the other colonies. See Vol. I., p 509, Note .- ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1699
they complain of the Governor of New-Yorke his seizure of the Shipp Hester within the Harbour of Perth-Amboy in East Jersey, which his Excellency Justifyes by virtue of his Majesties Order in Councill made in Confirmation of a Report from Yo! Lordps declaring Your Opinion that the Proprietors have no Grant of any Port in East-Jersey; And the Proprietors having in their said Petic'on sett forth that Your LordPs Report was grounded upon Severall misinform- ations given your Lordps of matters of Fact; They humbly crave leave to Explain themselves therein.
Whereas Your Lordshipps in that Report declare that the Prop'tors have no manner of right or power to constitute ports in East Jersey from K: Charles 2ª, the Duke of Yorke, or any other person deriving Authority from either of them, They humbly Declare that the right claimed by them is but the Com'on & Naturall Right of coming into & going out of that Province with Shipps for the necessary Support of the Inhabittants (A priviledge which every other Collony of America doth enjoy to this day.)
And that no Customes being payable there for any Goods Imported from Europe thither, or for the pro- duct of that Collony to Europe, the West Indies or elsewhere, They conceive and are advised they have power to Import and Export such Goods from any part of that Province without Interruption, And for the Enumerated Goods of the growth of the Planta- tions and Transported from one Plantation to another upon which a duty is Imposed by the Statute of the 25 of K: Ch: 2ª The Proprietors insist that the Comm's of the Customes under the Direction of the Lords Comm".s of the Trea'ry had Constituted Perth Amboy a Port for that purpose before Yo! Lordps late Report, which the Proprietors are willing shall be the Port for Importing & Exporting all Goods whatsoever to and from the said Collony.
261
MEMORIAL OF THE PROPRIETORS.
1699]
That the separation of the Jerseys from New Yorke (being in the year 1664) was before the Statute that Impowered the Com's of the Customes to Constitute Ports in America, or before any Customes were paya- ble at New York; so, That as the people were under no limitation from England of Using the most convenient Harbours in their Collony for Importation & Ex- portation; New York cannot pretend that by the separation of the Jerseys any Revenue or Customes are lopp'd off which were formerly payed out of those Provinces to the Province or Port of New York.
And whereas Yo'. LordPps in Yo" said Report sett forth that New York and Perth Amboy lye within the same Capes & River, and that it is not usuall to admitt of two Independant Ports within the same River, The Proprietors humbly insist that Yo'. Lordpps are misin- formed in that particular, for tho' Virginia and Mary- land lye within the same Capes & River they have different Ports, and every Creek is permitted to be so; and the same is practised in New England. And tho' the entrance from the Sea to New York and Perth Amboy be through the same Channnell close by Sandy- Hooke because of Shoals and Banks that lye along to Nassau or Long Island, yet being once within the said Channell the courses flowings & Ebbings, are different, for New York lying North from Sandy Hook upon Hudsons River, and Perth Amboy lying West upon Rariton River, (as will appear by the Mapp) if Ships bound for Perth Amboy must first enter at New Yorke they will be subject to the Inconveniences following.
They must first goe down again to Sandy Hook be- fore they can fall into the Channell of Rariton-River, and are subject to be driven to Sea as often Pilots have been, conveying Shipps down to Sandy Hook, one in- stance whereof is now in England; The Pilot in 8br or gbr last conveying down the Kings Shipp the Fuoy to Sandy Hooke, a Gale Sprung up that the Capt could
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NEW JERSEY COLONIAL DOCUMENTS. [1699
not put him ashoar and was forced to bring him to England.
If a Ship bound outward from Perth Amboy with the product of that Collony shall be obliged to clear at New York She may be blown off in going round, and so is seizable in any of the Kings Ports for want of Coquets.
A Northerly Wind is a fair wind to goe to Sea from Perth Amboy but blows quite down Hudsons River, that Shipps with that wind cannot come at New- York & so lose a fair wind:
In the wintertime Shipps can goe to Sea from Perth- Amboy, once in two or three Tides, but it is impossible to goe to New York, because of the running Ice in that River, and therefore must lose their Season till the Winter is over.
East Jersey affords great store of Horses fitt to be Transported to the West Indies, They are never put aboard till the Wind offers fair to goe to Sea; And should Vessels loaded with Horses be obliged to Clear at New York, they may lose the Wind that might carry them to Sea, and be the loss of their Voyage, besides many inconveniences too tedious to trouble Your Lordshipps with.
The Proprietors hoping Yo' Lordps are satisfied they intended no disrespect to your Lord's by that Allega- tion in their Petition, They humbly represent to yo! Lord'ps that the Chief design of their present Petition, is to take away the principall Objection made by Yo". Lord's against a Free Port in East-Jersey, vizt the Det- riment it will bring to New York, and therefore the Proprietors made the proposall, and will still undertake to perform it, of obtaining an Act of Assembly for the same duties at Perth Amboy, as are and shall be paid at New York.
And though they have further pray'd that a Tryall at Bar may be granted for a finall decision of their
263
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E. J. PROPRIETORS ASK FOR A SPEEDY ANSWER.
Right, The Proprietors doe only thereby intend, that if their proposall of obtaining the like Customes be not accepted, to be vindicated against the clamours of the Inhabittants upon that Occasion, who unless the Case receive a Judiciall Determination have and will Impute the want of a Free Port wholly to the Proprietors remissness of Asserting their Right in a due course of Law.
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