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Correspondence between Governor Basse and the Earl of Bellomont, relative to the delivery of two privates to the latter.

[From P. R. O. B. T., New York, Vol. 4, D 3.]

L're from Mr Bass Gov! of y Jerseys to ye E. of Bellomont ab two of Every's Crew, wth the E of Bellomont's answer.

My Lord,

PERTH AMBOY. y 17th June 1698.

I noe sooner received the Precept Signed by m Tuder for the delivery of the two prisoners for pyracy and Dep❜dation super altum mare but I Imediately Convened the Councill of the Provence, it being the first writt of this kind that ever came into this Province. I found them unanimous in their opinion that p'cepts from the Admiralty board on Admiralty affairs ought to be obeyed, but withall they Judged it highly Reasonable that the Com'on, [?] should be recorded in this province to which they give obedience they otherwise Acting by an Implicite faith, Your Lordships Commission of Vice Admirall Superceding the p'tentions the Proprietors had to that Right (they are Informed by . . . of the like Usage in other cases) ought to bee published in every provence where it takes place together with those other Comm'ons by which y Court is held, These my Lord were the Reasons that Induced me to stop a p'cept ready drawne to the Sherriff for the Delivery of the prisoners to your Marsh!! not thinking it Safe to act by my own opinion & knowledge of your L'dship Authority Contrary to the Generall adjudgment of my Councill untill I receive farther Orders together with a publication of your L'dships and the Judge Admirall Commissions, which I could wish were in as litle time as possible the Expence of the Country

in Securing them being Still uneasy, & our Goale being not soe secure as that in your Citty of New York I hope y' Lordship will excuse what is amiss, and believe me to be

Your Ldships very humble Serv

JER: BASSE.

[Earl of Bellomont in answer to the foregoing.] SR.

I have Communicated yours of the 17th of Instant to the Gentlemen of the Coucill of this Province who Joyne with me in opinion that your disobeying the p'cept of his Majesty's Court of Admiralty of New York is a high Contempt of his Majesties Authority, & that your Councills opinion Cannot Justify you in it, who acknowledge in your letter to be fully aprized of the said authority which you acknowledged to Coll. Smith Judge of the Admiralty who offered you further satisfaction if you desired it, at your last being at New York to which you replyed you were full Satisfyed, and would give obedience to the p'cepts when offered to you.

The Jerseys being subjected by his Majestie to the Court of Admiralty of New York and the powers & the Authorities of s Court being upon record there Access may be had to the s Records by any that please which is a Sufficient publication to the Jersies and will take away all Excuse for the disobedience to its authority the records of a Court being always kept where it is held, Therefore by advice and Consent of the Councill I doe hereby require you to give all due obedience to such precepts as shall Issue out of the said Court of Admiralty of New York as you will answer the Contrary at your Perill which I accordingly hereby Signifye to you.

Your humble Servant, New York June 18th 1698,

BELLOMONT.

Reasons of the Attorney General of New York, why Perth Amboy should not be a Free Port.

[From N. Y. Col. Doc'ts., Vol. IV., p 382.]

To His Excellency the Right Honourable the Earl of Bellomont.

May it Please your Lordship.

In the yeare 1664 King Charles grants to the Duke of York all the lands betwixt Connecticut and Delaware River. In the same yeare the Duke of York grants all the lands betwixt Hudson's River and Delaware River to St George Carteret and John Lord Barclay.

Sir George Carteret appoints in the year 1665 [Philip] Carteret, his Governour to settle East New Jersey part of the said grant.

In the year 1672 the Dutch take this Province and the East and West Jerseys. In the year 1774 S Edmund Andros by articles of peace receives this province from the Dutch with orders to deliver unto his Royall Highness the Duke of Yorke who had a new grant for the same from King Charles the Second.

The Duke of York gives a new grant to Sir George Carteret for East New Jersey in the said year 1674, another to John Lord Barclay.

Sir Edmund Andros confirms all things done by the Dutch: New Yorke made a free port: Sir Edm Andros confirms the duties laid by the Dutch upon trade, takes of in the year 1675 the Burgers pack or Excise at New York, but exacts the other duties. In 1676 Colonel Carteret pretends to clear a sloop at [for?] Carolina, was obstructed by St Edmund Andros.

In the year 1678 put a duty of twenty shillings p hogshead upon rumm,

In the year 1679, Governour Carteret declares that all vessels that will come and trade to East New Jersey shall be free.

One M' Hooper orders a Ketch from Barbadoes to goe thither upon that proclamation: the Ketch was brought up to New Yorke and made to enter here & pay the dutys before she could carry her rumm to New Jersey. In the same year S! Edmund Andros seized upon the Governour and Government, calls an Assembly there, comes to no conclusion. In the year 1681 the executors of S George Carteret sell East Jersey the purchasers send over Thomas Rudyard, Samuell Groom to be Governours, they erect a town at Amboy, pretend to great priviledges, make some settlements there, but brings noe shipping further than Staten Island, where they were permitted to convey household gooods.

In the time of Colonel Dongan a ship goes to Amboy without reporting at New York, was afterwards brought hither and permitted to load from this port. Complaint was made home thereupon and the King ordered they might have a port at Amboy upon condition that his collector at New York should appoint and take security that all ships that should come and load or unload at Amboy should pay the duties arising to His Majesty in New York; upon which terms they accepted a Collector, and was accordingly sworn to execute that office. And in this state continued untill the time of the happy Revolution. Since which time there hath been noe pretentions unto a freedome of a port until now.

Reasons humbly offered why Amboy ought not to be a free Port:

Imprimis the Province of New York hath a revenue established upon the trade to and from the Province by which his Majesty is enabled to defray the charge of his government, which cannot be duely paid if

Amboy be admitted a free port, because the scituation of Amboy is nearest to Sandy Hook where ships enter from the sea and if they can goe twelve miles to a Port and be free from all duties, they will never come twenty-four miles to pay considerable duties, so that the revenue will certainly fall.

If it should be permitted to be a free Port albeit they have officers appointed by the Custom house, yet they are not able to avoid the abuses that will be committed against the Act of Trade, because the inhabitants of that Province will always preferr their private gaine to the generall good of the Nation of England, and there being no force of government to suppress such unlawfull dealing, it will become (by being a free Port) a nursery to all the unlawfull trade of America: because at New-York who hath a strong garrison and Ships of War to attend, yet it is with great difficulty that the said unlawfull trade is suppressed, and if not by your Lordships strict diligence, would fall into great disorder and confusion.

It is also against the policy of England; for Hudson's River is the same with the River of Thames; for altho' there is not so great a breadth between the East and West side of Hudson River as there is between the mouth of the River of Thames, yet there is no other Port appointed in the said River butt the Citty of London, and from the same reason the greatest distance between Amboy and Yorke not exceeding thirty miles, all the inhabitants of New Jersey cannot exceed by a moderate computation twelve thousand [hundred] families, who lay upon themselves a considerable burthen for the supporting the King's government, and therefore more reasonable that New York should be the port, as London is to the River of Thames, then that Amboy should be a port, and not only destroy so great a revenue to the King, but also force the inhabitants of this Province, who depend upon trade to

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