USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 20
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The Proprietors therefore humbly pray Yo' Lordps Consideration of the Premises, and that Yo! Lordships will admitt them to a hearing, before Yo" Lordps make any Report upon their last Petition
David Lyell
WI Penn Thomas Harte Tho: Cooper Tho& Barker Clem: Plumsted
John Burnet & for Rob: Burnet Gilbert Molleson for
Wn Dockwra, Peter Sonmans
Walter Benthall
[March 23ª 1698-9]
Robert Barclay Joseph Ormston
Memorial of the Proprietors of East Jersey to the Lords of Trade, asking for a speedy report upon their petitions.
[From P. R. O. B. T., Proprietors, Vol. 3, C 4.]
Mem! of the Proprietors of East New Jersey about a Port at Perth Amboy.
THE PROPRIETORS having (at the last time they attended Yo! Lordpps) suggested, that the allowing a Port in East Jersey upon the conditions then propos'd would be no Detriment But rather an Advantage to New York, doe now in Obedience to Yo! LordPps Com- mands humbly offer the following reasons for it.
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NEW JERSEY COLONIAL DOCUMENTS. [1699
1.ª The people of both Provinces being under Equall Taxes of Importation & Exportation, the Merchants or Inhabitants of New-York will not be tempted to re- move from New-Yorke (wch is a place well setled & abounding with all Conveniency's for Trade) to East Jersey, which has yet few Buildings & not capable of Receiving them till they have spent a great deal of time & money to make the necessary provisions for Trade.
21 Most if not all the Improveable Lands of New Yorke are already taken up & setled, whereby that Province is now as well peopled as it is like to be for many Years; And will therefore return under the same Difficulty's both for Men & Money in time of any future Warr, as they were in the last Warr, and England will still be under a necessity of Supplying them with Men & Money on such Occasions.
31! But if East Jersey have a Port, that Country (wch has a great deal of Fertile Land lying vacant) will soon be peopled from the remoter Barren Collony's, And capable of Furnishing Men and Money in case of any Invasion from the French or Indians. The only Reason which has yet Cramp't that Country from In- creasing in people, being the incapacity of Importing thither what they want, & Exporting from thence the product of their Labours:
41! The Moyety of the Customes arising at East Jersey being paid and applyed to the Support of the Frontieers of New Yorke, that Province will be eased of such part of their present charge, or at least England will be discharg'd from that Expence of Men and Money which it is now forced to be at for that purpose.
51 Whereas it has been Objected that East Jersey was once a part of New York & Contributed to that Revenue in proportion to the Customes that arise upon Goods consumed by the Inhabittants of that Province; If they shall be now permitted to supply themselves
265
E. J. PROPRIETORS ASK FOR A SPEEDY ANSWER.
1690]
by their own Importation then the Customes of New Yorke will proportionally Decrease.
IN ANSWER to which, The Proprietors offer to put themselves under the same Customes with New York, And will pay in, to the Treasury of New-York, Yearly for the support of the Frontieers as much as the Cus- tome of Goods consum'd in East Jersey has amounted to in any Year since the disjoyning of that province from New-York, if their Lordshipps shall be inclinable to accept of that Offer rather than a Moyety of the Customes arising at East Jersey.
THE PROPRIETORS are much surpriz'd at the Objec- tion Yo! LordPps make to their Right of Goverment, which they enjoy'd dureing ye Reign of the late King Charles 2ª not only by an uninterrupted allowance of it, But by a Particular Declaration recognizing their Authority and Commanding the Inhabittants to obey them, And by the late King James, and since by his present Majesty.
THEIR TYTLE TO IT, IS THIS.
King Charles the Second by Letters Pattent granted the powers of Goverment of East Jersey to the Duke of Yorke.
THE DUKE OF YORKe in 1682 granted all the same powers of Goverment to the Proprietors as appears by the Grant now produced to Yo! Lordshipps, which King Charles 2ª back'd with the Declaration above men- tioned.
THE PROPRIETORS enjoyed it accordingly, and though in the Commission Granted to Coll. Fletcher late Governor of New York the Jerseys were at first in- certed, Yet upon the Petition of D' Cox then chief proprietor of West-Jersey and a hearing at the Coun- cill Boord, after a long Debate by Councell, wherein the Absigneableness of Goverment was particularly
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NEW JERSEY COLONIAL DOCUMENTS.
[1699
discuss'd It was Ordered that the Jerseys should be struck out of Coll. Fletchers Commission, and they were struck out accordingly.
The proprietors humbly pray Your LordPps Consider- ation of the premises and that Yo! LordPps will be pleased to make a speedy Report upon their Petitions referred to Your Lordshipps.
By Order of ye Proprietors
Wm DOCKWRA S & RR
Aprill iij 1699.
From Secretary Popple to Wm. Dockwra, informing him that the Lords of Trade had concluded to au- thorize a trial at Westminster, to test the Propri- tors' claim to the Port of Perth Amboy, and to their Government of the Province.
[From S. P. O. B. T. Proprieties, Vol. 25, p 399.]
To ME DOCKWRA
Sir,
The Lords Commissioners for Trade and Plantations having taken into consideration the Petition of the Proprietors of East-New-Jersey in America (refer'd unto them by his Majesty's Order in Council of the 9th of March last) relating to a Port at Perth Amboy, in which they pray that for their Vindication against the Clamours of the Inhabitants of East-New-Jersey on that occasion His Majesty's Attorney General be di- rected to consent to a Tryal at Bar in Westminster Hall on a feign'd Issue, whereby their Claim may re- ceive a Judicial Determination, And their Lordships having likewise considered the further Memorials that have been laid before the said Proprietors, or by your-
267
TRIAL IN WESTMINSTER HALL AUTHORIZED.
1699]
self in their behalf, in pursuance of his Majesty's said Order of Reference; They have commanded me to ac- quaint you (for the Information of the said Proprie- tors) that they intend to offer to his Maty in Council, on Thursday next that such a Tyrall be had at the Bar in Westminster Hall, whereby the said Claim together with the Right of Government of the Province of East- New-Jersey, upon which the same is grounded, may accordingly receive a Judicial Determination.
I am &: W P.
Whitehall April the 14th 1699.
Representation from the Lords of Trade to the King, informing him of their determination to have the claim to a Port in East Jersey tried in Westmin- ster Hall.
[From P. R. O. B. T. Proprieties, Vol. 25, p 400.] TO THE KING'S MOST EXCELLENT MAJESTY.
May it Please Your Majesty.
In Obedience to Your Majesty's Order in Council of the 9th of March last upon a petition of the Proprietors of East-New-Jersey in America, relating to a Port at Perth Amboy: We have considered their said Petition with what they have further offered to Us upon that Subject; and finding no reason to alter our former Opinion represented to their Excellencies the Lords Justices the 27th of Octob. 1697 That the granting them the priviledge of that Port would be extremely preju- dicial to Your Majesty's province of New Yorke; But observing that in the close of their said Petition they pray, That in case Your Majesty should not permit them the free use of the said Port of Perth Amboy upon the Terms by them proposed, Your Majesty
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NEW JERSEY COLONIAL DOCUMENTS. [1699
would be pleased for their Vindication against the clamours of the Inhabitants of East New Jersey upon this occasion, to direct Your Attorny Generall to consent to a Tryal at Bar in Westminster Hall upon a feigned Issue, whereby their claim to the sd port may receive a Judicial Determination, We thereupon most humbly offer to Your Majesty, That such a Tryal at Bar be had in Westminster Hall, whereby the Proprietor's said Claim; together with the Right of Government of the said Province, may receive a Determination.
All which neverthelesse is most humbly submitted Signed
J. BRIDGEWATER PHILIP MEADOWS Wm BLATHWAYT JOHN POLLEXFEN ABR. HILL
Whitehall Apr. the 18th 1699.
Memorial of the Proprietors of East Jersey to the Lords of Trade, relative to the proposed trial of their rights to a Port.
[(Indorsed) P. R. O. B. T. Proprieties, Vol. 3, C. 7.]
TO THE RIGHT HONBLE THE LORDS OF THE COMIMTTEE OF TRADE & PLANTATIONS.
The Humble Memoriall of the Proprietors of the Province of East New Jersey in America. Sheweth
That the Proprietors having by Y! LordPps command Received Notice from M' Popple of Y". Lordpps intention to offer Yor. Opinion to his Majty that a Tryall at Barr be had in Westminster Hall, for bringing their Claim
1699] PROPRIETORS OF E. J. RELATIVE TO PROPOSED TRIAL. 269
of a Port in East-Jersey, together with the Right of Government of that Province, upon which (Yo! LordPps conceive) their said Claim is Grounded, to a Judiciall Determination, Doe humbly crave leave to Represent to Represent to Yor Lordshipps.
That their proposall to have such a Tryall of their Claim to a Port was intended only as their last resort to Justify themselves against the Clamours of the In- habittants, but their principall Design & Desire in the Petic'on was & is to avoid all Controversy with his Majty And to remove the Objection made by New- York in putting the Trade of East Jersey under the same Duties of Importation & Exportation and there- fore they humbly pray that Yo'. LordPps will together [with] Yo' Report lay before his Majt their Memorialls delivered to Yo! LordPps upon this Occasion.
That the Proprietors made no offer to try their Right of Government in such feigned Issue, and are advised their right to a Port doth not depend upon their Right of Government, And the Law having prescrib'd a proper Method of trying the Right to Royall Fran- chises, claimed by Subjects-The Proprietors conceive they cannot without Injustice to themselves and the Inhabittants of that country, Submitt their Right of Government to be part of such an Issue,-Nor can the Omission of it be any prejudice to his Maty since if the right of a Port should depend upon the right of Government his Majty will have the benefitt of that Point in evidence at the Tryall, as much as if it were part of the Issue itselfe .-
All which they humbly submitt to Yo'. LordPps Con- sideration
By Order & on behalf of the Proprietors
Apr. 19th 1699
Wm DOCKWRA S! & R!
270
NEW JERSEY COLONIAL DOCUMENTS.
[1699
Letter from the Town of Newark to the other Towns in East New Jersey, in reference to a certain Act of the Legislature, and reflecting upon the conduct of Governor Basse.
[From the Original among the Manuscripts of the N. J. Hist. Society.] To ye Townes of Perth Amboy Elizabethtowne Woodbridge ffreehold Bergen Shrewsbury Middletowne Piscataqua Aquechenonck &c.
Gentlemen.
The meetings of our towne have considered an Act entitled an act for redressing a force of our Neighbor Province;1 and we find yt ye money Ordered to be raised by that act is put into such hands as we have no reason to trust nor are we any waies secured yt ye money will be applyed for ye countrys good: but have great reason to believe ye contrary which has made us resolve not to pay it, but to resist all force that shall be used for ye gathering of it and because the taking away of ye Ship Hester has been made the only pretence for rais- ing ye money mentioned in that act we have thought fit to let ye Proprietors know yt the country was ready enough to have deffended her and that we are owing only to ye cowardess of ye Govern" for her Loss and we have also thought fit to Acquaint ym how he has In- vaded our rights and Priviledges.
1 Printed in Grants and Concessions p 376: raising £675 by tax, to meet the ex- penses likely to be incurred in resisting the encroachments of New York. The money was to be remitted through "Mr. Edward Earl, Mr. John Cooper, Capt. Samuel Walker, Mr.William Lawrence Jun'r and Peter Vanest, being chosen by the Deputies; Captain Andrew Bowne, Mr. John Royse, Captain John Bishop, Mr Thomas Warne and Mr. Samuel Dennis, appointed by the Council, seven whereof shall be a Quorum " acting as Commissioners, to Sir Thomas Lane, Knight, our present Governor Jeremiah Basse, Esq. Mr. Thomas Hart Mr. Robert Waley, and Mr. John Loften, Merchants in London who were appointed Agents to act accord- ing to such instructions as they might receive from the Commissioners .- ED.
1699]
EARL OF BELLOMONT ON LETTER OF GOV. DONGAN. 271
These be things friends and neighbours we thought fit to write unto you Hoping youle Joyne wth us in Hindering the execution of so unreasonable an act and to remonstrate our Grievances.
We are your ffriends
Signed by order of ye Towne of NEWARKE
Aprill y: 21: anno: 1669: NATHANIELL WARD, Clerk.
Aprill ye 21st 1699 Signed By Order of ELIZA: TOWNE SAML WHITEHEAD Clerke
Aprill 25th 1699 Signed By order of PERTH AMBOY .
JOHN BARCLAY Clerk.
Earl of Bellomont to the Lords of Trade. [From N. Y. Col. Docts., Vol. IV, p 521.]
To the Right Honourable the Lords Commissioners for Trade and Plantations.
My Lords
[Extract.]
* To confirme your Lordships in the mainten- ance of the Port of New Yorke against the pretentions of the Proprietors of East Jersey, I send your Lord- ships the copy of the Duke of York's letter to Colonel Dongan when Governour of New Yorke' which acci- dentally has fallen into my hands. 'Tis copyed by M. Spragg then Secretary of this Province, and I believe it is a true one. This letter shows that the Duke of Yorke was tender of the priviledges of New York in that respect and that he rejected the pretensions of the said Prorietors to have freedome of Port at Perth Amboy, in East Jersey * BELLOMONT.
New Yorke May the 15th 1699.
1 See Page 475 of Volume I of this series .- ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1699
Proclamation of Governor Basse against certain im- migrants from Scotland.
[From P. R. O. B. T., among West Indies, Vol. 383.]
By yeHon ble Jeremiah Basse Esqr Gov" of his Majes- ties Provinces of East & West Jersies.
A PROCLAMATION.
WHEREAS by a Letter from White Hall dated ye 2ª of January last past directed to me from ye Honble James Vernon Esqr one of his Majesties principal Sec- retaries of State, I am given to understand that sever- all Shipps of force have been fitted out in Scotland, with design, (as some of ye Adventurers therein have declared) to settle themselves in some part of America, and that the Enterprise hath bin laid and Contrived, & is now effectually carried on by Projectors and Undertakers without their Acquainting of his Majesty with their Intentions; So that his Majesty cannot but look upon such an undertaking to tend to ye Breach of Peace with his ffriend & Ally ye King of Spain, & to Militate against ye Treaties his Majesty hath entered into with that Crown, & of dangerous consequence also to his Majesties Colonies in ye West Indies;
These are therefore in his Majesties name, & in pur- suance of his Majesties Commands signifyed to me in ye said Letter strictly to prohibit & forbid all & every his Majesties Subjects, & others Inhabiting within this Gov'mnt to hold any Correspondence or to give any Assistance, Aid, or Reliefe whatsoever to any of said Shipps, or to any Person, or Persons concerned therein while they are engaged in ye aforesd Enterprise; or to Transport, or carry, or cause, or suffer to be Trans- ported, or carried any Armes Ammunition, Provisions
273
1699] LETTER FROM TOWNS CONDEMNING GOV. BASSE.
or other necessaries whatsoever out of this Province either in their own Vessells, or in any other Shipps, or vessells for ye use of ye said Shipps, or Persons, or any of them, as they do tender his Majesties Pleasure & Service, and will answer ye Contrary at their Peril.
Given at Burlington ye 25 !! day of May Anno R R Gulielmi Tertij Angt &c Undecimo: Annoq Dom1 1699.
Letter from the Towns of Newark, Elizabethtown, Perth Amboy and Freehold to the Proprietors, con- demning Governor Basse.
[From P. R. O. B. T., Proprieties, Vol 6, D 28.]
Worthy Gentl.
The Representatives of this Province of East New Jersey, haveing made an address to Jeremiah Bass Wherein as we are informed, they Tell him he has Spent his Estate in Endeavouring the good of the Province, and they hope he will long continue theire Governour; with much more the like fullsome fflat- teries. Wee think it our duty to Informe Your Hon"; That address was made and Passed, by A Number of his own Creatures in the house, and that it is Very Farr, from being the Sentiments of the Generallity of y: Province, that he has Spent any money for their good; and as farr from their desires, that he may con- tinue their govern! for instead of Keeping up the hon" of Governmt as was his duty, he has upon all Occasions basely Prossituted it; Which to Instance were but to recount all his Acts of Governmt Wherein it was Pos- sible for him So to do. Wee owe the Unhappy circum- stances Our Port lies under to his Cowardize and
19
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NEW JERSEY COLONIAL DOCUMENTS. [1699
Sloath; who when he knew of a Force, comeing to take the Ship Hester, an houre before their arrivall, took no care to prevent her being Surprized and when he had Force Enough to Retake her; being Earnestly desired by them to head'em himselfe, or to Comic'onate Some other; he refused & Trembling left them. the Ship Lay two days before the Town of Perth Amboy; the Souldiers ridiculeing the Governm' of the Jerseys; Calling for their Govern' all their Continued Insults, he no other ways resented, then by desiring Them not to be angry, and Presenting their Capt with Brandy and oy" Provisions and drinking the Earl of Bellomonts health to them. were the Ill Effects of these Proceed- ings, our only Sufferings; We might Prhaps, have been Patient under our Pressures; but as meanness of Spiritt, is Seldome Unaccompanied with other Vices So are we no less oweing to his Malice, then his Folly for our hurt, Our Rights and Priviledges, are by him invaded in the highest degree; and in lieu of the Free Electing Representatives, we are Forc't to Submitt, to the Arbi- trary Will of himselfe, and his Councill; by whose advice (Tho unminuted) he took the Writt from the Constable, the people being met to Elect, Pretending informality in it, and because one of his own Faction could not be Chosen, he appointed the Election two days after; tho the same methods were at first took, as ever had been Since East Jersey has been a Province, and he has not only Stuck, by advice of his Councill, to Violate Our Libertys, and Privilidges, but Likewise Your Possitive Instrucc'ons remaining upon the Pub- lick Records, Which by his Commic'on he is tied Up to Obey. One Instance Shall Serve Viz' Instrucc'on 8℃! To Lay no Tax upon uncultivated Land, &c. The Proceedings of the last Assembly, Will Sufficiently In- forme Yor Hon's, That no Govern" has had a Councill, that could better Suite and Answer his Sinister designes then That of Mr. Basses.
275
ORDER OF COUNCIL.
1699]
These things Much hono.ª we thought fitt to let you know that you may take Such Prudent Measures, as may be most Conducive for your owne and Our good. By Ord' of the Town of New Worke Aprill, 21th 1699 NATH: WARD CIK Aprill 21th 1699 By Ord' of Elizas Towne SAM !! WHITEHEAD CIK
Aprill 25th 1699
By Ordr of Perth Amboy JNO BARCLAY CIK
June 1st 1699
Copia Veria
By Order of Freehold WM Laing Clk
Order of King in Council, referring a petition of the Proprietors of West Jersey for an approval of Andrew Hamilton as Governor, to the Lords of Trade.
[P. R. O. B. T. Proprieties, Vol. 3, C. 21.]
At the Court at Kensington the 31th day of May 1699.
Present
THE KING'S MOST EXCELLENT MATY IN COUNCILL.
Upon reading this day at the Board the Petition of the Proprietors of the province of West New Jersey in America Humbly praying His Maty to allow and Ap- prove of their Choice of Andrew Hamilton Esqre to be Governor of the said province of West New Jersey. It Ordered by His Maty in Councill that it be Referr'd to the Lords Comm's of Trade and plantations to examine the matter of the said Petition, a Copy whereof is hereunto annexed, And to Report to this Board what They conceive fit to be done & thereupon.
EDWARD SOUTHWELL
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NEW JERSEY COLONIAL DOCUMENTS.
[1699
[Petition enclosed in the foregoing order.]
To the Kings most Excell' Matie
The humble Petic'on of the Proprietors of the Province of West New Jersey in America.
Sheweth
That Andrew Hamilton Esq" by appointment of yo" Pet's having Executed the Office of Governour of the province of West New Jersey in America for severall yeares past with great Fidelity and Reputation Yo". Pet's at the Generall Request of that people have againe Nominated him to be Governor of the same Province; as a person the most acceptable to the Country, and thereby most capable of serving the Crown both in Peace and Warr .-
Yo! Pet's therefore doe most humbly beseech Yo! Matie to allow and approve of their Choice of the said Andrew Hamilton to be Governor of the said province of West New Jersey.
And Yor Pet's (as in Duty bound) shall ever pray &f
JOHN MOORE
PAUL DOCMINIQUE
JAMES BODDINGTON ROB: MICHEL
MICHAEL WATTS '
John BRIDGES
JOSEPH BROOKSBANKS
FRAN: MINSHULL
A true Copy EDWARD SOUTHWELL
277
LETTER OF COL. QUARY ABOUT PIRATES.
1699]
Letter from Colonel Quary, Judge of the Admiralty in Pennsylvania, to the Lords of Trade, about Pirates.
[From P. R. O. B. T., Proprieties, Vol. 3, C. 30.]
L're from Coll Quary to ye Board, abt Pirates ar- rived in Pennsylvania & other places.1
Right Honble
June 1st 1699
The Inclos'd is a Coppie of my last since wch there is arrived into this Governmt about 60 Pirates in a Ship directly from Malligasco, they are part of Kids Gang about 20 of them have quitted ye Ship & are Landed in this Govermt about 16 more of them are Landed at Cape May in ye Govermt of West Jersey, the rest of them are still on board the Ship wch lies at Anchor near ye Cape of this Govermt waiteing for Sloops from New- Yorke to unload her. She is very rich Ship all hur Loading is rich East India Baile Goods to a very great vallue, besides abundance of money ye Capt of the Ship is one Shelly of New Yorke & the Ship belong to mer- chants of that place, the Goods are all purchased from the Pyrats at Malligasco which pernitious trade is yt wch gives encouragemt to ye Pirats to continue in those parts haveing a Market for all the Goods they Plunder & Robb in the Red Sea & severall other parts of East India; I had yerly notice of their arrival & went down the River. I quickly Seased two of these Pirats & Convey'd them safe to Burlington Goale in ye Prov- ince of West Jersey where they will be secure, had I brought them to this Govermt I could not expect but that they would have been set at liberty as several of
1 As recorded, this and the two succeeding letters are preceded by abstracts, in which, under different headings, designated by the letters of the alphabet, the sub- jects treated of are briefly pointed out. These abstracts it has not been thought necessary to print .- ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1699
ye Pirats of Averys Crew ware; as soon as ever I had Lodged them two men in ye Goale: I went in pursute of two more of those Rogues & followed them so close yt I Lodged them in Philadelpha went Immediately to ye Lieftenant Gover". Markham. I gave his hon" a p'ticuler accot of these Pirates I told him how many was Lodged in this Government & that p'ticularly there was two of them in this Town wch I would Ime- diately apprehend in case he would order ye Constables to assist me wch he did & accordingly I went & seased them & Lodged them safe in the Goale, how Long they will be kept there I know not I likewise discover'd their mony & Goods wch he hath taken into his hands. I did on behalfe of the Lds of the Admiralty desire that ye Pirates Goods might be Lodged in the posession & Jurisdiction of ye Admiralty it being granted by the Crowne to ye Lord high Admiral of England, but he refus'd it, nor would he so much as let me take an accot of the money & Goods, though I secur'd both it & and the Pirats wthout any trouble of ye Govermt I tould him wch way all the rest of ye Rogues might be Secur'd & wth all propos'd to him that if he would press one of the Vessells that then lay before the Town & raise me forty men I would Immediately Seize the Ship & bring hur & all in her up to ye Town or forffit my life, but all I said would not prevaile wth him, its a very miserable thing to live under a Govermt Consist- ing of upwards of Seven thousand men capable to bear Arms where there is no Militia or any other means to defend the Kings Subjects or serve his Majestie let the occasion be never so great. I have sent express to ye Gover's of Virginia & Maryland and also to all ye Gover's to the Northwards, the Gover" of the Jerseys is very ready & active on this occation he hath provided a Sloop & hath man'd & fited hur very well & is now going to Cape May in order to secure the Pirats yt are landed there, I goe Downe wth him ye next Tide part
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