USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 21
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279
LETTER OE COL. QUARY ABOUT PIRATES.
1699]
of the way, I hope to give yo' Ldships a good accot of what is don there in few days; I have in my hands 2000 peeces of eight wch I took from the two first Pirates that I Seazed & Lodged in Burlington Goale. I desir'd to know yor Ldships ord' about it. I have been at Charge in hireing of Boats & Shallops & pay- ing ye men in order to ye Seazeing the Pirats wch I hope to be reimburst out of the Effects in my hands, no man can serve yo" L'dships so efectually in giveing ye true acot of the Piratts mony & Goods as my selfe so that if yor Ldships please to give me yor order of a Power Ile take care that there be no fraud or abuse so Don to those yt have ye Right to ye Piratts mony & Goods of all the Piratts y' shall be Seazed in these Neighbouring Governmts. I have so often troubl'd yor Ldships with Letters giveing an accot of ye Contempts & affronts yt are put upon his Majesty & his authority in this Govermt & also of the Admiralty Comission in opposition to weh they have set up a Court of Admiral- ty of theirs, for ye Seazeing trying Ships but haveing never Recd any order or direction from yor Ldships or ye favour of a Line in answer I am not willing to trouble you more on yt Subject; only will take the freedom to mind y" L'dships yt all ye Gentlemen that are Concern'd for the Kings interest & Service in this Governmt are very uneasy not only upon the accot of their being affronted & threaten'd by those in yr Gov- ernment, but to find there is no notice taken of their complaints in England wch Confirm's what ye Quakers here say of M' Penns haveing so great an Intrest at Court yt no complaints can be heard against the Govermt let them act never so Illegal or Extravigant as for my own part I am easy anough for should this place be allowed to be a free Port I shall receive as much advantage in point of Trade as any man here but I doe assure yor L'dsps this yt if some speedy Course be not taken it will be impossible to get men to serve
280
NEW JERSEY COLONIAL DOCUMENTS. [1699
the King here, especially in what relates to the Ad- miralty there being no Sallerys allow'd to any of them. I have often Writt to yo" Ldships on this and severall other Subjects to wca I humbly begg the favor of an answer wch may be a Guide to me for the future & to render me the more Capable of his Majestie's Service & yo' L'ships wch is the earnest desire of Yo' Lordships most faithfful Servtt
ROBT. QUARY'
From Colonel Quary to the Lords of Trade, about Pirates in Pennsylvania and elsewhere.
[From P. R. O. B. T., Proprieties, Vol. 3, C 31.]
L're from Coll Quary to ye Board, abt the arrival of Kidd & other Pirates at Pennsylvania & other places.
PHILADELPHIA June 6th 1699.
Right Honoble
Since my writing the enclosed I have by the assist- ance of Coll Bass Gov' of the Jerseys apprehended 4 more of the pyrats at Cape May & might have wth ease secured all the rest of them and the ship too, had this Governmt given mee the least ayde or Assistance, but they woud not or soe much as issue out a Proclama-
1 ROBERT QUARY was Governor of South Carolina in 1684 and 1690, and at one period, intervening, was Secretary of the Province. He afterwards was Judge of the Admiralty in New York and Pennsylvania, and was a member of the council of five of the Colonies at the same time. From the character of his communications to the authorities in England, it is evident that he was an emissary of the Govern- ment, charged with the duty of reporting the condition of the respective colonies he visited. While apparently honest in his aims, he was not always wise in his selec- tion of sources of information, and consequently was led sometimes to imbibe erroneous impressions respecting the action of individuals, leading to unexpected difficulties between the officials in England and their subordinates in the colonies. Quary died about 1712 .- ED.
281
1699]
LETTER FROM COL. QUARY ABOUT PIRATES.
tion; but on the contrary the people of this Governmt have entertained the pyratts, convey'd them from place to place, furnished them wth provision & liquors, & given them intelligence & sheltered them from justice: & now the greatest part of them are conveyed away in boats to rhoad Island. all those persons that I have em- ployed in searching for & apprehending these pyratts are abused and affronted & called Enemys of the Countrey, for disturbing and hindring honest men (as they are pleased to call the pyrats) from bringing their money & settling amongst them. Yo" Ld'pps were pleased to send to this Governmt a Copy of an Act formerly past in Jamaica relating to Pyrats & Priva- teers & all ayders & abetters of them weh yor Ld'pps recommended to bee past into an act here, itt lay asleepe till about 3 weekes agoe, when they thought M' Penn might make good use of itt in England to abuse yo" Ld'pps wth itt if possible, but I am sure when yor Ld'pps considrg the act (a copy of wch is herein inclosed) you will find itt all of a peice wh their former Act, & to bee a true representation of themselves'a fayre shew out- wardly but nothing but fraud & deceit within And now wth yor Ld'pps favour I will make some remarks upon this meretorious act of theirs-1st the Jamaica Act hath made itt felony for any of the Kings subjects in an hostile manner to serve under any forreigne prince agt any other prince in Amity with his Majesty wthout Lycence, but this Act of theirs hath made noe such provision tho' all the roguery that hath been com'itted by those Sort of men in the West Indies hath been under colour of forreign Comissions. 2dly_the Ja- maica Act makes all such to bee accessarys & confed- erates that shall knowingly entertaine harbour con- ceale trade or hold correspondence wth any p'rson or p'rsons that shall bee deemed or adjudged to bee priva- teers or pyratts &c. but the Act of this Governmt hath taken care to leave out the word (deemed) soe that now
282
NEW JERSEY COLONIAL DOCUMENTS. [1699
by their construction of this Act the principall must bee first convictd & judged before there can bee any accessarys, & that this is their true intent & meaning appears upon my complaining agt a great number of men that have been confederates wth these pyrats, all the answer I can have is, that they doe not know them to bee pyrats' till they are convict & judged such: Soe that all that soe very necessary a clause is by their act made ineffectuall. 3ly by the Jamaica Act all com'ission officers are impowred upon notice of any privateers or pyrats that are in any place to raise & levy such a number of well armed men, as they shall think needfull for the apprehending &c but the Act of this Governmt impowers the Justices Sheriffs & Con- stables to call to their Assistance such a number of men as they shall thinck needfull &c but not one word of armed men or arms, if the Quaker Justices Sheriffs & Constables wth those of their friends whom they shall call to their Assistance can preach the pyrats into a submission to the Kings Authority, itt is well, if not they may goe about their business; As for Com'ission Officers they did very well to leave them out of their Act, since there is neither Militia nor one Com'ission Officer in the Governmt. 41y by the Jamaica Act in case the pyrats &c shall make resistance or refuse to yield obedience to his Majestys Authority itt shall be lawfull to kill & destroy such p'rson and persons & all p'rsons that shall resist by fyring upon any of the com'anded party shall be adjudged as felons without benefit of Clergy, but all & every part of this soe neces- sary a clause is altogether left out of this Act made here. 5ly the Jamaica Act provides that in case any p'rson shall refuse to appeare att such place as shall bee appointed with his arms well fixed & amunition, & being there shall refuse to obey his Commission Officer such person shall bee lyable to such fines or corporall punishment as by a Regimentall Court Marshall shall
283
1699]
LETTER FROM COL. QUARY ABOUT PIRATES.
bee thought fitt, but by the Act of this Governmt there is noe care taken for their appearing wth armes or amunition, & in case they refuse to appeare att all, they are only fined 51d wch they very well know will never bee recovered of any for that cause in their Courts. 61y They have by their act taken care to impower the persons that they doe associate wh the Judge of the Admiralty; but have made no provision to impower him; Soe that if hee hath noe power to try pyracy with- out their act, that gives him none & my Com'ission from L'ds of the Admiralty gives mee no such power: but may it please your Ld'pps that wch most sticks wth mee is, how I can wth safety according to Law con- science or reason sitt & judge the lives of the King's sub- jects when all the Judges in the Com'ission & on the bench besides myselfe are men that will not take the Oaths of Allegiance &c to his Majty or take the Oath of a Judge to give judgment indifferently betwixt the King & his subjects, or how can I give judgment for takeing the life of a Subject on the verdict of a jury not sworne, or on the Evidence of witnesses not sworne & this is what hath been practiced here. I am sure noe man liveing is more zealous to serve his Majesty in all things wthin my power, but I hope yor Ld'pps will ex- cuse mee if I joyne not wth them in this arbitrary illegal & arbitrary way of judging mens lives. I hope yo' Ld'ps will give some speedy orders & directions in this matter either by sending a Com'ission under the great Seale or by ordring the pyrats to bee sent for England (wch in my opinion will bee much the better & easier way) for those 2 Pyrats that are in the Goale of this Governm' must bee tryed by this defective law or not at all & by judges & jurys not qualifyed for the other 6 that are in the Goale of the West Jerseys they cannot bee tryed there, being noe Act of that nature past there as yett. I will trouble yo" Ld'ps noe further wh a Com'ent on that false deceiptfull Act, weh serves
284
NEW JERSEY COLONIAL DOCUMENTS. [1699
their turne well enough to make a noyse & if possible to abuse his Majesty, they have now sent itt home in great tryumph to M' Penn, who knows how to make use of itt to serve his ends; the generallity of the people here that are not of the Government exclaimed agt them, to see them pass an Act but 3 weeks agoe & now that there is soe good an occasion offered to putt itt in execution that they will take noe notice of itt, but act quite contrary to itt. I am confident yo" Ld'pps will never find them act here in anything re- lating to the Kings interest but after this false deceit- full rate I am sure it will be impossible for them to impose on yo" Ld'pps wisdom, whatever they may fancy, and wee are not out of hopes, since that the wisedom of the Parliament hath not thought fitt to qualifye or permitt Quakers to give Evidence in any criminall cause, or come on any jurys, or beare any office or place of profitt in ye Government they will in their due time extend their Charity & consider the Un- happy circumstances of this place, & make the like provisions for Us Especially if recomended to them by yor Lordships
I am Yo! Lordships
Most Obedient and most humble
Servt
ROBT QUARY
Since my writting this Capt" Kidd is come into this Bay hee hath beene here aboute ten dayes hee sends his boats ashore to the Hore Kills in this Governm' where he is supplyed with what hee wants & the People fre- quently goe on board him hee is in a Sloope with about 40 men with a vast treasure I hope the express wch I sent to his Exclly Governor Nicholson will be time enough to send aboute the man of Warr to come up with Kidd, the messenger I sent to the Govern" of Maryland came very seasonable. hee hath secured some
L
1699]
285
LETTER FROM COL. QUARY ABOUT PIRATES.
of the Pyrats and is in search of the rest. Cap'n Shelley that brought all these Pyrats from Madegascar after hee had Landed and Secured all the Goods & mon'y, run the Shipe ashore neere New Yorke and then the merchants conserned went to the Governor and In- formed against theire Shipe. the Pyrats that I brought to this Governmt have the Liberty to confine themselves to a taverne wch is what I expected, the six other Pyrats that are in the Governm' of West Jersey are at Liberty, for the Quakers there will not suffer the Governo! to send them to Goale. Thus his Majty may expect to be obeyed in all Places where the Gov- ernt is in Quakers hands I hope yor Lordship will send some Speedy orders in this & other consernes wch I have at Large represented to yor Lordship.
Abstract of ye Pennsylvania Act against Pirates &c. All Piracies &c. committed upon ye Sea within ye. Adm"'s Jurisdiction, shall be tryed in ye Province as if they had been committed on Land.
Three Com's shall be authorized by ye Gov' & Council to Assist ye Judge of ye Admty appointed in Englª for whose absence ye Govr & Council shall appoint one from time to time. which shall have ye same power as is allowed to any in Englª by ye 28th of H. ye 8.
The Offenders shall be liable to such process &c. as if they were proceeded agst in Englª
All who shall abet & correspond &c with such as shall be judged Pirates within ye Construction of this Act & not readily endeavour to apprehend them &c. shall be esteemed Accessories &c. and suffer as in such case is provided.
All Justices, Sherrifs &c upon notice of any pirates being within their Precincts, shall take such a number of men as they think needfull for ye seizing & commit- ting them.
Who ever refuses Assistance shall forfeit 51b Every officer neglecting his duty shall forfeit 201b for every offence.
286
NEW JERSEY COLONIAL DOCUMENTS.
[1699
From Governor Basse to Secretary Popple, about Pirates and Illegal Traders.
[From P. R. O. B. T., Proprieties. C 29, Vol. 3.] L're from M !. Basse Gov! of ye Jerseys abt Pirates and Illegal Traders.
Sr
Burlington Ye 9th June 1699
I Rece'd yours dated some time in August last but not beinge with my papers Remember not the perticu- lar date. I am sorry I have received no directions from your honorable board about the two pirates by me secured in East Jersie, but afterwards bayled by his Excellencie the Earl of Bellomont whose confes- sions with the inventory of their estates were boath transmitted you by severall Conveyances many months since they boath belonged to Auery & one of them I find to be principaly concerned in some of the horidest vilanies that those pirates ware Guilty of.
I am now to acquaint you that on the 29th of May last Capt Shelly in a Ship called the Nassau that aboutt some months since went out from New Yorke for the Island of St Laurance arived at Cape May in this Gov- ernment & that eveninge put on board of one Graven- rate [?] a Sloope belongeinge to New Yorke eight pirates that haveinge committed severall hostilitys in the Indias and made their Voyage returned in him. he also lande [landed?] at Cape May fourteene Men passengers from the aforesaide Island eight of Which with their effects escaped away before I obtained any notis of their arivall which was not until the 1st Instant & then haveinge an acc. of their endeavors to escape by a Letter from Col Quary Judge of the Admiralty I Im- mediately manned out a Sloope & in person went
1
.
287
GOVERNOR BASSE RELATING TO PIRATES.
1699]
downe to Cape May tooke four of the persons suspected of pyracie who confest that have been on the Coast of India & have taken severall prises theare two more of them ware taken with their efects on the River and are now committed to the Jaile of Burlington in their Chestes are about seaven thousand eight hundred Rix dollars & Venetians. about thirty pound of melted Sil- ver a parcell of Arabian & Christian Gold, some neck- lases of Amber & Corrall sundry peaces of India silkes which are all secured untill some course be taken with the prisoners. What the other four may be possessed of I cannot yet informe you they not beinge arived at Bur- lington but shall transmit boath their examinations & inventorys to You p' the first opertunity I find by them that theare are some hundreads of men On the Island of St Laurance that haveinge by Robery gained consid- erable sums are now desireous of Returninge to spend their ill gotten goods. Since the Arival of Shelly I am credibly informed Capt Kid in a large sloope with about sixty hands hath been seene & spoake with betwixt the two Capes of Delaware I had a sight of the sloope when I was downe but found he sayled to swift for me to speake with otherwise should have ventured to have Reduced him to submision but indeed I can- not but complaine that I am too much discoraged & Chequed in my zeale for the Common good & his Majestys servis in that I have nothinge beyond a Pro- prietory Commission to support me & even them persons semeinge to desert me for no other reason alledged that ear I could yet hear of then those that are but of so many instances of my faithfulness to the interest of the crowne Vizt My discountenanceinge the Scoch & pirates in their illegall trades.
On our Assembly in East Jersie we passed the act Called the Jamaica Act against Privaters & Pyrates the pest & bane of trade against whom no lawes can be to severe Which I shall also take care shall be dili-
288
NEW JERSEY COLONIAL DOCUMENTS. [1699
gently put into execution. It met with no meane oposition from the Scotch Gentlemen who amongst us are growne to a very great hight from the prospect of a Gentleman of their own Nations filleinge the seat of Government in these provinces by his Majestyes apro- bation & and the succes that their Countrymen meet withall in their settlement of the Island Gorda or Golden Island called by them by the name of Caledonia I cannot see but that the English interest & trade must of nessecity fall if some spedy course be not taken for their spopeinge [?] of their Groath the principall traders in East West Jersie & Pensilvania are Scotch who some of them have publiquely asserted that his Majesty dare not interrupt them in their settlement of Golden Island least It should make a breach betwixt the two nations publiquely (contrary to a Proclamation set out by express order from his Majesty holdeinge cor- respondence with them incorageinge the Inhabitants of these Colonies to goe thither boath to trade & settle on the proposals made them by the Councill of those now resideinge in Calidonia I cannot but beg of you to give your selfe the liberty of thinkeinge whaether these things give not some grounds to fear that in time the evill may be so universall to be esily remedied the trade of England to these Colonies Wholy discour- aged & that of the Scoch nation advanced. If the sweates of profit be once tasted by our Inhabitants by giveinge the least encoragement to this trade it will Not be suppressed without extraordinary expense & diligence And I cannot but offer itt as my humble opinion that no way will prove more effectuall then a totall exclusion of them from any share in the govern- ment of these plantations I cannot but begg your pardon for my teadousness & Remaine
S!
Your most faithfull servtt
J. BASSE
1699] LETTER FROM GILES SHELLEY ON ILLEGAL TRADING. 289
The enclosed letter comeing accidentally into my hands I thought it might no unservisable to send you a Copy of itt: that you might see what trade is caried on att New Yorke.
Idem J. BASSE
To WM. POPPLE ESQR
[Enclosed in the foregoing.]
To Mr. Delancie or in his absens to Mr. John Barbarie Mechtt [Merchant?] IN NEW YORKE
M. Delancy &. Cape May: May 27th 1699
S!
I am just now come to Anchor at Cape May: Since I left you to Cape Bon-Esperance, from thence I went to St Maries on Madicascar: There I sold yo1 goods for 17 Bales of Muslin fine & Course; and 24 Bales of White Callicues: one Ton of Elephants Teeth: about 2 or 3 hundred wt of Opium; 1 Bale painted Callicues &c Which goods I have now on Board. Sometime after- ward I took on board 75 Passengers: And went to Port Dolphin, there 24 went a shore: I victualed ye Shyip and bought a few negroes: & some Pigs of tooth & Egg:1 from thence I went to Cyan and Landed 22 Pas- sengers: The remainder are now on board: and most of them designe for Virginia: & the Horekills with Andrew Graverard who is here with us, I have for their Passages vzt about Twelve thousand peices of Eight: and about Three Thousand Lyon Dollars: I heare M". Godfray is not here by M' Graverard and that
1 Tusenay: a metal,
20
290
NEW JERSEY COLONIAL DOCUMENTS. [1699
there is no Man of Warr at New York: and expect to meet no Letter here from you, which if I do shall follow yor order, otherwise designe to come to Sandy Hook, where I shall expect your diligence & Care for ye securing the Goods vz': My Carpenter, The Taylor & one man more is dead: Tho: Pringle & 3 men more left me at Madigascar; If you think fitt you may acquaint my Wife of my Arrivall, for I have not writt to her. Edward Burkmaster is on board here. Capt Burges Arrived at St Maries that day I saild from thence hath sold his goods very well. No other Vessell Arrived whilst I was there: I have but 23 Negroes on board for Accot of ye Owners. Each Bale of Musline One with ye other, I bought for 100 pes in a Bale. The Callicue for 120 pces in a Bale. I desire you to send by ye Bearer to me to Cape May. If I should be stopt by Contrary Winds here, Otherwise shall be very soon at Sandy Hooke Our Shyip is very fowle & Leaky. Make what dispatch you can for fear some of my pas- sengers should discover us. I have hindred M. Graverard on his Voyage to Virginia to Pylott us in here, It being a dangerous place & verry foggy rainy weather, for which I must pay him. I think it need- lesse to Enlarge any more at p'sent, But wish all was safe a Shore, Then doubt not but ye voyage would prove to content, which hath been ye utmost care of S! Yo! Humble Servant GILES SHELLEY1
A true Copie J. BASSE
1 The Lords of Trade, in transmitting a copy of this letter to the Lords Justices, under date of Aug. 10th, commenting upon its contents, observe :- "The foresaid Shelley is one of the four former-mentioned ships fitted out from New York in June, 1698, and his cargo outwards, according to an extract of the Books of Entries there, transmitted to us by the Earl of Bellomont, seems to be but of very small and in- considerable value; but the returns mentioned in the same letter, and especially the freight for twenty-nine men (which seems to be the number brought by him to America, after the landing of forty-six others in India) viz .: 12,000 pieces of Eight, and 3,000 Lion dollars for their passage, are exceeding great, and must needes
291
LETTER FROM COLLECTOR GOODMAN.
1699]
From Collector Goodman at Perth Amboy, to the Commissioners of the Customs; Goods seized by him had been rescued by armed men.
[From P. R. O. B. T. Proprieties Vol. 4, D. 15.]
Perth Amboy: June 27th 1699 May it Please your Hon's
In mine to Your hon's the 10th of December I gave Your hon's an Account of the Carrying away of the Ship hester to York and the generall discouragement Wee have mett with here (Since that Time) in matter of Trade; I am now to inform Your hon"s That the Ship Nassaw Capt Shelly Commander lately come from Madagascar, & since run a ground on Long Island Shoare near York, Landed some goods in this Province of which having Informac'on Saturday the 24th Instant I went and obtained a Warrant from a Justice of Peace and took with me a Constable in Order to search the house where the goods lay in the Town of Woodbridge The Master of the house abused the Constable & denyed my Authority & refused to lett the Constable break open the Door to search, which he would not suffer him to do. I immediately gott a Warrant from
be computed in the whole to be of many thousand pounds, Which evidently proves the nature of that trade in which such exorbitant advantages are made."
"That Captain Burgess named in the said letter is another of the four fore- mentioned ships." "That Mr. Stephen Delancy, to whom the said letter is directed, is one of the merchants concerned in the ship Fortune. Capt. Thos. Morton, Commander, mentioned in our foresaid Representation, as seized by the Earl of Bellomont with great difficulty, for the like illegal trade, after that the greatest part of her cargo had been privately conveyed away and so appears to be a person used to those practices." [They notice also the receipt of the two foregoing letters from Colonel Quary and comment upon them and say] "were also informed by the said Colonel Quary that there is no act in force in West New Jersey by which those seized in that Province can be tryed and punished there. We humbly offer unto your Excellencies that all the pirates which have been seized or may be seized in Pennsylvania and West New Jersey be sent hither, together with the evidences upon which they have been seized, and which may be of any use for their convic- tion here, that so they may be tryed and punished according to law." New York Col. Docts. IV., pp 542-544-ED
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