USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 23
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But the Subject of that Letter is ye busines of a Committe of the Proprietors who are lately so dis- persed (& Sundry of them in the Country) that indeed a Committe could not be made up since the receipt of yo" first Letter, but am in hopes to gett them together in few days & then so soon as I have their instructions for my Order, an hour shall not be lost, before an Answer be dispatch'd by
Worthy Sir Yo! most humble Serv!
Chief Office Penny Post1 Nov! 14.º 1699.
WM DOCKWRA
Secretary Popple to Attorney Generall Trevor, ask- ing his opinion respecting a new mode of hav- ing Proprietary Governors approved.
[From P. R. O. B. T., Proprietors, Vol. 26, p 130.]
To Sr Thomas Trevor Knt his Majesty's Atturney General.
The Lords Commissioners for Trade & Plantations having under consideration that part of the Act of Parlamt for preventing frauds & regulating Abuses in the Plantation Trade, past in the 7th & 8th of his Majtys Reign, wch relates to his Matys Approbation of the Gov's of his respective Plantations, and observing
1 Mr. Dockwra at one time had the management of the London Penny post .- See Vol. 1 p 378, note .- Ed
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NEW JERSEY COLONIAL DOCUMENTS. [1699
a Difficulty in the Execution thereof with respect to the Proprieties and Charter Goverments, especially such whose Govrs are chosen annually in the said Plantations, They have commanded me to desire you to give them your Opinion, Whether his Maty may not impower the Earle of Bellomont by name, or the Gov- ernor of New England, or the Governor of any other neighbouring Plantation for the time being without name, to approve or Disapprove any of the said Gov- ernors of Proprieties or Charter Goverm's from time to time I am &c
Whitehall Nov! 20th 1699 W. P.
Memorial of the Proprietors of East Jersey to the Lords of Trade, insisting upon a clause in their new charter, establishing Perth Amboy as a Port of Entry.
[From Grants and Concessions, p 597.]
TO THE RIGHT HONOURABLE THE LORDS OF THE COUN- CILL OF TRADE AND FOREIGN PLANTATIONS.
The humble Memorial of the Proprietors of the Province of East New-Jersey in America.
The Proprietors in all their Applications to your Lordships, and particularly in their last Proposals, having expressed a great readiness of complying with his Majesty's Pleasure in relation to their Government, so as their Properties might be preserved to them by such Commissions of his Majesty's Part as are neces- sary to that End, are surprized at the dubious Answer returned by your Lordship's to the Second Article of their Proposals concerning the Establishment of a Port at Perth Amboy, for entering Ships and importing
309
MEMORIAL RESPECTING PERTH AMBOY.
1699]
Goods there, and exporting Goods from thence, with- out being obliged to enter their Ships at any other Place; For the principal objection that has been always made to the allowance of a Port in East-Jersey, aris- ing from the non Payment of Customs there, and the detriment accrueing to the Trade of New-York by reason thereof, the Proprietors conceived that by sub- mitting to pay the same Customs as are paid at New- York, they had effectually answered that Objection, and prevented all others, and that they being his Majesty's Subjects, and equally entitled to his Favour and Protection with the Inhabitants of New-York, might under the Payment of such Duties freely enjoy those Conveniences for Trade, which God and Nature have allotted to their Colony, and they have purchased with their Money, and which has not been denied to any other American Plantations, tho' paying no Cus- tom, but permitted as a natural Right.
The Proprietors therefore crave leave (in pursuance of that Sincerity and Plainness wherewith they have all along addressed to your Lordships on this Occasion) to declare, that the obtaining a Port to be continued for ever was their main inducement to consent to a Surrender of their Government; and therefore they insist, that in the new Charter to be granted to them by his Majesty, there be an express Clause inserted, whereby Perth-Amboy, shall be established a Port for ever for entering all Ships, coming into and going from East-Jersey, for importing and exporting Goods, and that such Port shall not be forfeited or taken away for any misdemeanour whatsoever, but only the Per- sons guilty of the misdemeanour shall be accountable and punishable for it.
This is the only Thing that can make the Province of any value to the Proprietors, or give them hopes of re-imbursing their Purchase-Money and other Ex- penses in Improvements; and if your Lordships think
310
NEW JERSEY COLONIAL DOCUMENTS.
[1699
it too great a Privilege for them, who have been faith- ful Subjects to his Majesty, and contributed to the Defence of the Frontiers during the late War in America, more than they were able to bear; the Pro- prietors cannot be accessary to their own Ruin by a voluntary Surrender but must endeavor to vindicate their Right in a legal manner, and seek redress by such other Measures as they shall be advised to, and are consistent with their Duty to his Majesty.
The Proprietors do further crave leave to mention, that if their desire of a Port is once granted, they do not forsee any great difficulty to adjust with your Lordships the other Articles mentioned in their Memorial.
Signed on the behalf of the said Proprietors and by their Order
LONDON 15th 1699
WILLIAM DOCKWRA Secretary and Register
January 1700
Jeremiah Basse to the Lords of Trade, with an ac- count of his administration of the affairs of New Jersey.
[From P. R. O. B. T. Proprieties, Vol. 4, D 38.]
Lr'e from M: Bass wth Copys of his proceedings re- lating to Pirates and other things during his Execution of ye Govat of East and West New Jersey.
LONDON 1st Feb! 1699 1 1700
May it Please your Hon's
Consonant to my promis when I waited on this
1 Mr. Basse did not wait for the arrival of his successor, Andrew Hamilton, but left New Jersey to be administered by the Council .- ED.
1699]
PETITION TO HOUSE OF COMMONS ABOUT SHIP HESTER. 311
honorable board I have hearein enclosed all my pro- ceedings in the two Governments of the Jersies against the Pyrates with true transcripts of the Proclimations warrants & letters that Passed on that Subject.
If this be in any measure acceptable I shall be em- boldned to present Your Lordships with all other pro- ceedings whilst I continued my Station with an acco! at Large of the rise & progress of that divition & dis- turbance in those provinces that I cannot beleive will be Concluded any other wayes than by his Majestyes mandate to the people to Obey the Governor appointed by the proprietors or takeing them under his oune im- mediate Protection-Which last I am very certaine would be not a little gratefull to all the unprejudissed Sensible men in boath the Jersies. I have also added a Coppy of the East Jersie Assemblys address at the Conclussion of their Session with some of Addresses to the Proprietors of West Jersie that came home this last Conveyance If by this or any other wayes I could be so happy as to promote the Interest of his Majesty or give any light to your Lordships debates I shall thinke it a Suffitient reward to him who Is
Your Lordships very humble Serv!
J BASSE
Petition of Messrs. Basse and Lofting to the House of Commons, relating to the Ship Hester.
[From N. Y. Col. Doc'ts., Vol. IV., p 605.]
TO THE HONORABLE THE KNIGHTS, CITTIZENS AND BURGESSES IN PARLIAMENT ASSEMBLED.
The humble Petition of Jeremiah Basse Esq. and John Lofting Merchant.
Sheweth
That your Petitioners in 1697 being owners and freighters of the Ship Hester, burthen 150 tunns, sent
312
NEW JERSEY COLONIAL DOCUMENTS. [1700
the said ship laden with the product and manafactures of this Kingdome to the Province of East Jersey in America, where she arrived on the 20th day of March 1698, and was duly entered at Perth Amboy a port appointed by the Commissioners of His Majestys Cus- toms in England under the Directions of the Lords Commissioners of His Majesty's Treasury for the deliv. ery of European Goods within that Colony.
That the cargoe being there unladen and disposed of the said ship continued in the same port till November then next following, when she being refitted, victualled and laden by your Petitioners with Pipe staves and Provisions ready to sail for the Island of Maderas, and seamens wages paid; Richard Earle of Bellomont then and now Governor of New York in America, usurping an Arbitrary power over His Majesty's Subjects of East Jersey, which is independent and no part of the Province of New Yorke, sent down fifty armed men to Perth Amboy to seize the said ship, who forcibly entred on board, desperately wounded several of the Mariners and carryed her up to New Yorke, where he caused an Information to be exhibited in the Mayor's Court of New Yorke, and the said ship to be condemned and sold at £315 New Yorke money, for not entring at New Yorke, the goods she imported to East Jersey, and for not paying the duties imposed on such goods by an Act of Assembly of New Yorke, though no duties are payable for goods imported to East Jersey, nor is East Jersey subject to the laws made by the Assembly of New Yorke. By which illegal proceedings your Petitioners are not only de- prived of the said ship, then worth above twelve hun- dred pounds sterling, but of the Cargoe then on board amounting to a further considerable value, and can obtain no satisfaction at New Yorke from the Earle of Bellomont, nor from the Officers and Soldiers who ex- ecuted his orders, by reason of his Interest and
1700]
PETITION TO HOUSE OF COMMONS ABOUT SHIP HESTER. 313
Authority there as Governor, and his protection of those Instruments of his oppression.
That your Petitioner Jeremiah Basse being lately Governor of East Jersey seized there John Elston and William Merrick who confessed themselves of Every the Pirates crew, who your Petitioner as it was his duty, refused to bayle. But the said Earle of Bellomont by a pretended Admiralty power forced them out of your said petitioners hands, and set them at liberty upon insufficient bayle, to the great hazard and danger of your Petitioner and the said Merrick has since made his escape.
Your Petitioners therefore most humbly pray this honourable House to take the premisses into their gracious consideration, and to give them such relief therein as to their Justice and wisdome shall seem meet. . And your Petitioners shall ever pray &c.
23 Feb. 1700
JERE: BASSE: JOHN LOFTING
Minutes of Essex County Court at a meeting held at Elizabethtown, relating to Samuel Carter.
[From P. R. O. B. T. Proprieties, Vol. 6, G 28.]
AT A COURT OF SESSIONS or County Court held in Elizabeth Towne for ye County of Essex on Tuesday ye 12th day of March 1699 1700 Pr'sent MR W" SANDFORD Psed! CAPT. JOHN CURTIS MR ELIAS MCKEILSON
Justs MR JOHN TREATE & MR THEOPHULES PEARSON J
THE Court according to Adjournmt Being opened one Samuell Carter appeared in the behalfe (as he said) of himself and his Neighbours by whome he was Im-
314
NEW JERSEY COLONIAL DOCUMENTS. [1700
ployed and in an Insolent and contemptious maner Railed and disowned the authority and power of the Court and of the P'sident' and Justices there sitting, calling the Prsident Wm Rascall and challenging him and the Rest of the Justices out of the Court severall times often giving the Prsident the Lye and Bidding him Kiss his arse, and grossly abused the Kings At- torney Generall and the foreman of the Grand Jury, and used and uttered words and Actions wholly unfitt to be mentioned with his sentences ushered in by many oaths soe that the Court by Reason thereof could not proceed in the hearing trying and Determining of the Matters before them.
Whereupon it was ordered that the high Sheriff of the County doe take the Body of the sd Sam !! Carter into his Custody for his Insolency and contempt aforesaid And the Prsident and Justices are vnani- mously of opinion (not one dissenting) that this matter (being a violence and Irruption of the Laws and soe high a Contempt and so Impudent Behaviour to the dignity and Authority of the Court then sitting, which may if not timely prevented turn to a Convolsion in Govermt to the Ruine of the Collony) ought to be Rep- resented to the Honourble the Govern". and Council of this Province that such care may be taken by them as they in their prudence shall think fitt, that the Dignity of
1
appears to have come Pfandora to the Province from the West Indies. He became owner of most of the land between the Passaic and Hacken- sack rivers, He is first named as "Captain " (of the militia) in 1675, he then residing in New York, and served subsequently in the councills of both Governors Rudyard and Lawrie. When the office of President of the Court of Ses- sions was conferred upon him it is not known. He died in 1692, leaving several children by Mrs. Sarah Whartman, to whom he had been legally married, as he acknowledged in his will, but who "for some considerable reasons had not been allowed to bear his name."
East Jersey Under the Prop'rs, 2d Edition, p 116 .- ED.
315
MINUTES OF MIDDLESEX COUNTY COURT.
1700]
the Governm. and the Authority of the Lawes may be supported and maintained, And Ordered that the high Sheriff do safely keepe the Body of the s! Sam! Carter without Bayle or mainprize untill he shall be Delivered according to Law, Then the Court were forced to ad- journe themselves till tomorrow morning nine of the clock: which was done accordingly, but attended with almost a Generall noise and hollowing with vnseemly actions and Insolent Gestures, which seemed Rather to Looke like a Rebellion than otherwise, The Persons most forward in this Contempt were Sam1! Whitehead: Benjamin Price: Ephram Clarke: Sam1! Potter: John Luke: William Luke-Joseph Haines: Jonathan Haines & John Willes etca
A true coppie of the Record of Court given by me GEO: POWELL [GEORGE JEWELL] Clarke A true copie taken out of ye Records of ye sd County Court Geo: Jewell clerk thereof & therewith Compared & Examined & me
THOMAS GORDON D Sec'y
Minutes of the County Court of Middlesex, held at Piscataway. [From P. R. O. B. T. Proprietors, Vol. 6. G. 28.]
A Record of ye Justices of Midlsex Proceedings for Piscataway ye 3rd of March 1699. 1700.
ATT A MEETING OF YE JUSTICES OF Y.F COURT OR COURT OF SESSIONS FOR SP COUNTY OF MIDDLESEX IN YE TOWN OF PISCATAWAY THIS 19TH MARCH 1699.
Present SAMUEL DENNIS Capt JOHN BISHOP SAMLL HALE BENJ GRIFFITH MACHIELL VANWEGHTIE 1 Justices
WHEREAS this day being ye day appointed by Act of
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NEW JERSEY COLONIAL DOCUMENTS. [1700
ye Generall Assembly of this province for holding ye County Courts for ye sd Town of Piscataway in ye Publick meeting house there they ye sd Justices went to ye sª publick meeting house And finding ye dooer thereof shutt they Inquired who had the Keyes of it Answer was made by Some of ye Inhabitants of sd Town yt sd house belonged to their Town & yt they had nayled the doores thereof to wch ye Justices Re- plyed the house belonged to ye Country so as to keep Court there by Act of Generall Assembly & so de- manded Entrance wch being Refused ye sd Justices commanded ye Sheriff to break open ye doore of sd house wch he attempting & Endeavouring to do Edward Slater of sd Towne layd violent hands on him & John Longstaff wth other Persons of sª Town stood close by ye doore to hinder ye Sheriff to Obey ye Justices Com- mand, and the Sheriff & sª Edward Slater wrestling together ye people Called out let them have room & fair play, & ye Sheriff geting Clear of sd Edward Slater went to ye house doore & pushed it up with his foot & went into ye house & Severall others crouded in after him amongst whom were John Langstaffe Thomas Higgens Joseph & Benjamin Mannen with others of sd town and ye sd John Langstaff said let us turn ye Sheriff out again for wee are men Ennough here to do it and there being a great noise & confusion in ye house Severall persons said to Justice Dennes will you stand here and lett ye Sheriff be murdered in ye house, upon wch ye sd Justice went to another doore of ye sd house & pnshed it open with his foot & Entring in Some per- sons of sª Towne whom he knew not layd hold on him & Edward Slater Came to him & took him by the Coller wth design as he Supposed to Strick him & said what do you come here for to whom ye sd Justice answered only in peace to keep his Majties Court but finding yt not acceptable he called Yelverton Crowell & W" Englie to his Assistance who accordingly Re-
317
1700]
MINUTES OF MIDDLESEX COUNTY COURT.
lieved him from ye sª Edward Slater. Also John Keyse & Sam1 Walker asked Severall times by what author- itie they came to keep Court there and when it was answered to them by ye Kings authoritie they Replyed yt they had no Lawfull authoritie to keep any Courts there & yt ye house was ye towns & ye Justices had nothing to do with it, and so ye Justices finding such Resistance & opposition withdrew from ye sd house and went to ye Constables house of sd towne & made this Record of their proceedings
Samtalennes Form Bishop. Sanit ffalo Benj Griffith.
MACHIELL VANWEGHTIE
Thomas Gordon &
Attor. Gen !!
John Barclay
A true Copie taken from the originall & therewith Compared & Examined P me
THOMAS GORDON D Secry.
318
NEW JERSEY COLONIAL DOCUMENTS.
[1700
Letter from William Penn to Samuel Leonard.1
[From Penna. Archives, Vol. I., p 129.]
Unknown Friend.
In answer to thyne of 20th ye last month, please to take wt follows2 [I need not transcribe ye ques. to ye first I say I am humbly of opinion that if every quere is not answered he'l think they are puzling questions, pardon me s'. if I offer my own & beg you to improve them & thro them into your own Mold.
1st The prop's being strangers to the Method of ob- taining approbations Gr B.3 pretending to know it, They committed the management of that affair to him, who reported to those that he was approved as the Law directs & as an evidence of it produced the Dedimus Potestatem, wch he called his Commission of approba- tion but they afterwards discovered that he had overated his interests & hopes, & are therefore excusa- ble if they told the proper he was approved, believing he would not have been so positive to his own hurt and theirs.
2d The want of an approbation doth not unquallyfy a man to be a Gov! but only lays him under a penalty if (neglecting to pursue the means of obtaining it), he act without it, for otherwise the act of Parl gives the King a Negative, there needing no more to break the prop's commission or any other of the like nature, than for the King to refuse to approve, let the person be
Game Lonally
is first mentioned as one of Gov. Hamilton's Coun- cil 1700. In
1718 he was one
of the Aldermen of Perth Amboy.
2 At this point in the original Wm. Penn's handwriting gives place to that of. Andrew Hamilton, which coutinues to and includes his signature when Penn's writing is resumed .- EDITOR OF PENNA. ARCHIVES.
Penn merely transmits to his " unknown friend " an opinion previously received from Governor Hamilton .- ED.
3 Governor Basse, See East Jersey under the Proprietors, 2d Edition, p 193 .- ED.
1700]
WM. PENN TO SAM. LEONARD ABOUT N. J. AFFAIRS. 319
never so well qualified wch the Act could never intend, Besides if an approbation were indispensablie necessary there lyes a Quo Warranto against the prop's Charter, & the Kings not useing it, as an argument it is not indispensablie necessary, the tryall he offers them being upon an other Topic viz. whether governmt is assigna- ble, for it would not be on the foot of the approbation all means haveing been used to obtain it and the L& of trade granting an allowance to A. H.1 to act till the tryall was issued and it cannot be charged as a crime on them or him wt ye Lds refused to grant.
3d This depends upon the forms for if the prop"s Commission be good without an approbation Gr. B. superseded A. H.
4th And this also answers the 9th
5th It is certainly the Kings busines not the peoples to dispute the powers of the prop". Commission or in- quire into the qualifications of a Gov! They know the prop's did not set up a governmt at their own hands but were authorized by King Charles & the Inhabitants Commanded to yield their obedience to them as abso- lute gov", and the King only is Judge when its proper to recall that order, Nor have they any colour to ap- point a Gov" either by any grant from the Crown, or by the neglect of the prop"s of appointing none.
6th We are not to be wiser in matters of State than our Superiors. The Kings Counsel learned in the Law have resolved it some years agoe in tne negative, that the Natives of Scotland are not disabled and all the succeeding parlts have acquiesced in' that opinion. Besides the people might easily imagine that if A. H. were disabled on that head, a Quo Warranto lyes and that is the prop's business to mind.
Sr pardon this freedom. We have an assembly to sit in East Jersey, next week & I set out hence on Mun- day some time of the day. If your Letter to Mr. Leo.2
1 Andrew Hamilton.
2 Evidently an abbreviation for Leonard .- ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1700
is sent me betwixt now and then it will come in best season & I'll take care of the delivery. Our Assembly breaks up to day.
I kiss your Lady's hands & am Your most obedient servant,
Burlington, 25 May, 1700 AND. HAMILTON. ]
But Gov! H could have put ye out of doubt by showing ye opinion of ye present councill.
I am sorry for ye love I have to ye poor American colonys, & ye service I have freely Done to see soe many of y™ ready to do felo de see & set fire to their own comforts, so much their interest to preserve with all caution & Zeal. The Prop's will always be too hard for you at home, and 'tis a vanity in any to think they can vacate their Quit-rents by offering yt weh is none of theirs to give, viz: ye Governmt. I was ever for taking wht I could get, knowing yt § a loaf is better than no bread, & if they would be persuaded by me, yt am also a Proprietor, it should be to concurr wth ye Proprietors in their Gov. & by an easy and engageing way to draw from y" what privileges or benefits they wanted & the Govment could graunt without any notable damage to their interest.
Last of all the Gentleman they have named is no stranger, sharper nor morose person, but one of very good qualities & in good esteem both here & at home. I have said in service to Jersey, justice to him & civility to thyself, improve it to those ends for I mean what I say, & am that Colonys and
Thy assured Friend
Indorsed
Gov! to SAML. LEONARD
of East New Jersey 26th 3d mo. 1700."
321
GOV. HAMILTON TO THE SECRETARY OF STATE.
1700]
From Governor Andrew Hamilton [to the Secretary of State ?]
[From P. R. O., among West Indies, Vol. 385.] Letter from Governor Hamilton.
Sr
I was honoured by yo's of the 30th of November di- rected to Jeremiah Basse Esq' Gov" of East & West Jerseys by conveyance of his Exc'ie the Earl of Bello- mont, M' Basses Commisssion being superseded by one to me, He embarqued at New York for Engl'd in December last before I had an opportunity of speaking with him after my arrivall in the Jerseys, he will be heard of at S! Thomas Lanes & will no doubt give an account of what money or other effects he seized of pyrates while he was in the administration.
Since my arrivall I have taken 4 into Custody that came from Madagascar, Their names are James How, Nicholas Churchill, Robert Hickman, & John Eldridge. Eldridges treasure is in the hands of Coll. Quary of Philadelphia, if the other three have any its hid in the Woods or else where, for there's none to be found about them How is a sensible man & I presume if he is promised a pardon, can make considerable discoveries, I shall pursuant to his Ma'ties orders to My Lord Bello- mont deliver up to his Exc'ie the befor named persons & what treasure I can at any time discover belonging to them or any other such sort of people who I am sen- sible are a pest among man kind
Sı Your most humble servant
[May 1700]
AND: HAMILTON
22
322
NEW JERSEY COLONIAL DOCUMENTS.
[1700
Remonstrance of the Inhabitants of East Jersey to the King, against the acts of the Proprietors, and asking for the appointment of a competent Gover- nor.
[From P. R. O. Proprieties. Vol. V, p 42.]
TO THE KINGS MOST EXCELLENT MATY
The Remonstrance and Humble Petition of your Matys Loyal Subjects Inhabiting in your Matys Province of East New-Jersey in America.1
Humbly Sheweth.
That Whereas your Matys humble Petitioners did Remove and Settle themselves into the said Province of East New Jersey, and by Vertue of a Licence from the Honob!e Coll: Richard Nicholls Governour of the said Province under his then Royal Highness the Duke of Yorke, to purchase Lands of the Native Pagans, did according to the said Licence, Purchase Lands of the said Natives at their own Proper Coasts and Charges: And Whereas since his said Royall High- ness did sell and Transfer all his Right and Interest to the said Province of East New Jersey to certain Pro- prietors; by whose Licence severall other your Matys Loyall Subjects have also since purchased Lands at their own proper Costs and Charges of the Native Pagans of the same Place, whereby they humbly Con- ceive they have Acquired and Gain'd a Right and Property to the said Lands so purchased; Yet notwith- standing your Matys Loyall Subjects are Molested Dis- turbed, and Disposessed of their said Lands, by the
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