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Letter from Secretary Popple, to the Attorney General
and Solicitor General, Enquiring as to the Authority of the Proprietors of East Jersey to constitute ports in their Province.
[From P. R. O. B. T. Proprieties, Vol. 25, p. 164.)
To S. Thomas Trevor Kn? his Majts Attor: Gen!!
and SR JOHN HAWLES KN? his Majesties Sollicitor Generall
The Lords Com'ssioners of the Councill of Trade and Plantations having been required by the Lords Justices to examine into and Report their opinion upon a Petition of the Proprietors of East New Jersey in America, wherein they claim a Right to constitute Ports in that Province, and pray that the Earl of Bellemont may be prohibited to disturb their Priviledges of Trade in their Port of Perth Amboy: And the said Proprieta: having produced to their Lordships, as the Ground of their said Rights and Priviledges, the late Duke of York's Conveyance of that Countrey to the Earl of Perth and others, dated the 14!h of March 1682, together with a Copy of K: Ch; the Second's Grant to the said Duke of York of a larger Tract of Land in America, wherein the said Province of East New Jersey is included; Their Lordships after the carefull perusal of the said Conveyance and Grant, have directed them to wait upon you therewithal: and have thereupon Com'anded me to desire your Opinion
1 What a Port is; And by what means any place in his Majests Plantations in America may become a Port.
2. Whether by K. Ch: y? 24's Patent to y? Duke of
York, Power was given to the said Duke to constitute a Port or Ports in any of the Territaries granted to him.
3. Whether the Duke of York by his Conveyance to the Lord Berkley and S? George Carteret did or could convey the Right of constituting Ports in any of the Lands thereby conveyed.
4. Whether upon the Division which the said Lord Berkley and S! Geo: Carteret afterwards made of the Lands conveyed to them, they could convey any such Power or Right to the respective Proprietors to whom they sold their several shares.'
5. Supposing the Territories of East & West New Jersey, now divided from New York, were formerly united with it under one Government, and that the Citty of N. York was then the Port for that whole Province so United, Whether upon seperating of East New Jersey from New York, by the said Duke of York's Conveyance to the Earl of Perth and others, there be any right conveyed to them or their assigns, of constituting a Port at Perth Amboy or elsewhere at their pleasure.
6. Whether upon any further Divisions that may hereafter be made of the said Province by the said Proprietors, each of the Severall Assignees will also have a Right of Constituting a Port or Ports in each of their Divisions. I am &
W: P: Whitehall. 6. October :97
From the Proprietors in England, to Governor Ham
ilton and Council in East Jersey.
[From a copy of its record in Book C of Commissioners, p. 273, in the Secretary's
Office, Perth Amboy, among the Manuscripts of W. A. Whitehead.)
To the Hon ble Coll: Andrew Hamilton Governor
and His Council for the Province of East New Jersey in America. These
LONDON the 12th gmo 1697 GENTLEMEN
We have Received Several of yours, which we would sooner have answered, but Could not give any Certain advice about the Weighty affairs of our Province, which we are now with the utmost deligence Pursuing and have very Great Reason to hope that the issue shall be to our Content.
We have been Obliged (against our Inclination) to dismiss Coll: Hamilton from the Government, Because of a late Act of Parliament disabling all Scotsmen to serve in places of Publick Trust or Profit, and Obliging all Proprietors of Colonies to Present their Respective Governors to the King for his approbation, so we have appointed our Friend Jeremiah Bass, to succeed Coll: Hamilton in Government, whom we have also presented to the King, and he is by him Owned and approved of. He will give you a further account of our Proceedings for the good and Welfare of the Province and we desire that Each of you in your Respective Stations, to act according to your several Capacities for Promoting the Interest of the said Province. Assuring you that we shall not here be wanting on our Parts.
We must not forget to mention to you our Gratitude for the several Good Offices you have done the pub
lick, tho' we wish Your hearty Endeavors had been
JOSEPH WRIGHT JR.
Answer of Attorney General and Solicitor General, to the Enquiries of the Lords of Trade.
[From P. R. O. B. T. Proprieties, Vol. 2, B 1.1 The Atthy & Soll? Gens answer to ye Queries sent
them the 6th Inst relating to ports in East
New Jersey. 16 We are humbly of opinion that a Port in our Law is understood to be a place appointed for the lading and unlading of Goods and Merchandise, for the better Collecting his Majesties Customes & other Duties, And that Such Ports (by an Act made the 25 Car 29 Chap': 7h For better Securing ye Plantacion Trade) are to be appointed in the plantacions by the Commisoners of the Customes in England by and under the authority and directions of the Lord Treasurer or Com’issioners of the Treasury, in the
respective plantations, for the Collecting Such Customes as are due to his Majestie in those plantacions.
2!! That the aforesaid power of appointing ports granted to the Commissioners of the Customes by the Said Act, was not granted to the Duke of York by the said Letters patents
3!! The Duke of York's Grant to the Lord Berkley and Sp George Carteret, could not convey any such power because he had no Such power granted to him by the Crowne.
The 411 51 & 6! queries are answeured before in the Answears to the former queries: for if the Duke of York had not such a power granted to him (as we conceive he had not,) Then his Assignees nor any deriving under them Cannot have such a power.
Tho: TREVOR. [Oct. 18, 1697]
Letter from the Commissioners of Customs to Mr.
Randolph, Surveyor General of Customs in America, relative to the establishment of the Ports of Perth Amboy and Burlington.
[From P. R. O. B. T., New York Vol. IV., D 33, No. 3.] The Commissioners of the Customs order to Mr.
Randolph about Port of Perth Amboy." M? RANDOLPH:
Having Received Intimations that some persons trading to East and West Jersies are not Content with the Priviledges allowed for the Loading and unloading
Produced by Mr. Bass, Gov'r. of the Jerseys to the Councill of New York ye 23th July, 1698 in defence of a Port at Perth Amboy. Referred to in ye Earl of Bellomont's L're of ye 21st Sept. 1698.