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repare where they may live more easy and by that means weaken the strength of so usefull a Province to his Majesty. And by maintaining the port of New Yorke there can be no greater violence done to the subject then there is in the river of Thames, but being found more for the King and Nation's service that London should be the port then any other place in the River of Thames (tho there be many convenient places for ports on both sides the river) yet it would be in prejudice of the improvements of London; and soe debarred. And by the same motive the lesser ought to yield to the greater, being in like manner the more for the King's service and interest that 200 yield to 5000, and four or five saile of vessells come to Yorke and pay duties then that the navigation of 100 sail that come to New York should goe to Amboy & loose not only the trade of the Province but the revenue that depends thereon. Many more arguments can be offered but this in the meantime for your Lordships present information is humbly submitted by

May it please your Lordship

Your Lordships most obedient
and most faithfull servant

JA: GRAHAM

New Yorke

June the 30th 1698

Earl of Bellomont to the Lords of Trade.

[From New York Col. Docts., Vol. IV, p. 332.]

To the Right Honble the Lords Commissioners for

MY LORDS.

Trade.

In my last of the 25th of May I gave your Lordships an account of my receipt of His Majtys orders in rela

tion to the Port of New Yorke and the Jerseys and send your Lord's the Proclamt I published thereon; but I finde since my proclamation Coll: Bass published a Counter proclamt" in the Jersey's which I now send· you; he likewise hath wrot several letters to me on that subject, much disputing my orders and ascerting the right of the Port of Perth Amboy; but he hath since been with me and seen the Kings orders, and I thought he was so well satisfied that there would be no dispute but that the Jerseys should submitt to the Court of Admiralty of New Yorke: and soon after a ship was seized there by Mr. Randolph and tryed in the Court of Admiralty here, but sometime since two Pirates of Every's crew being seized in the Jerseys a precept issued out of the Court of Admiralty here to demand them and. to bring them prisoners thither. On this Coll: Bass called his Council and they were unanimous not to deliver, until the Commission for the Court of Admiralty was published and recorded in the Jerseys as appears by Coll: Bass his letter now sent of the 17 June last. On the receit of this I call His Majty Councill, and by their advice sent a command to Coll: Bass (which I now likewise sent you) with which Coll: Bass being startled, he ventured without the consent of his Councill to send me the two prisoners supposed to be Every's crew. I herewith send their examinations taken before Coll: Bass. I can find no evidence here against them, so that they would be cleared on a tryall here, and I have no instructions to send them for England so that I must admitt them to bail. One of them is not now above nineteen years old, his name is John Alston, was about 12 or 13 years old and was a boy in the ship when Every run away with her, and as he said forced him away too for a cabin boy, that he had no share with the rest, but a small part which they voluntarily gave them, that he acted no ill thing with his owne hand, and could not avoid being in the ship,

being forced away: his account appeared to me probable, and inclines me to represent this circumstance to your Lords that if you think fitt he may be represented as an object of His Majtys mercy, he is not named in the Proclamation. *

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My Lords—I am with respect Your Lords
most humble and faithful servant

*

New York July the 1st 1698.

BELLOMONT.

Earl of Bellomont to the Lords of the Admiralty.

[From N. Y. Col. Docts., Vol. 4, p 359.]

To the Right Honble the Lords of the Admiralty.

MY LORDS

(Extract.)

* * P. S. I had omitted to acquaint your Lords that a precept issued out of the Court of Admiralty of New Yorke, to take two supposed Pirates out of the custody of the Gov' of Jerseys, but he by advice of the Council (as he said) did not obey it on pretence that my commission of Vice Admirall (which as yet I have not) was not published and recorded in the Jerseys, nor the other Commissions of that Court. But I sent him a commanding letter, which he obeyed, and sent the Prisoners, as your Lord" will perceive by the letters which shall be laid before your Lords by the Agent. [New York July 6th 1698]

Minutes of the Council of New York, relating to the clearance of a vessel from New York to Perth Amboy.

[From P. R. O. B. T., N. Y., Vol 4, D 31.]

Minute of the Council of N: Yorke of ye 23rd July 1698 abt a Port at Perth Amboy.

At a Councill at New Yorke the 23th July 1698.

Prsent. Capt: JOHN NASSAU Lieu! Governo!

STEP. CORTLANDT

NICH: BAYARD

GABR MONVIELE

Esq! JOHN LAWRENCES

EsqR

Coll Cortlandt Did inform the board that this Day the Governo of the Jerseys Accompanied Stephen Jerom Master of the Ship Dispatch and Demanded Clearings for Amboy, in order to Unload Goods without paying the Duty, and upon Argument Tendred to give Security in £1000 to abide by all at Westminsterhall, and to pay the Duty and Charges in Case they shall be Cast in his Maj'ties Courts.

The Governo! of the Jerseys and Mr. Willock were called in, and his Excellencies proclamation read to which the Governo! of the Jerseys did answer that they Did not Claime theire right to a Port from the Duke of Yorks Grant but from the Act of Parliament of the 25th King Charles the Second Chapter the Seventh. Amboy being Established a Port by the Comissioners of the Customes, under the Directions of the Lords of the Treasury, That My Lords Proclamation could not Oblige them to part with their Right whereof they were possessed, unlesse they Did understand, that it was Destroyed by the same power that Gave it, That it was unreasonable and Contrary to the Law of the Province of New York to levy money upon his Maj'ties

Free Subjects of East Jersey, by virtue of the Acts of Assembly of this Province, while the Subjects of East Jersey had no person to Rep'sent them in those Assemblyes.

That the Master had Signed Bills of Loading to Deliver Goods at Amboy, and that the Commissioners of the Customs had signed to Cocketts of that Town.That the Councill of the Jerseys were Resolved to protect any Ships Coming thither and to Repell force by force, but to p'vent force and violence they Doe tender to Give Security as Coll Cortlandt Did already Inform.

The Governo of the Jerseys Gave in Coppies of Mr. Cokers Comission to be Collector of the Jerseys; King Charles the second's Proclamation, King William's Letter to the proprietors of East Jersey, the ComTM of the Customes Report upon the Proprietors petition, and the order of the Comissioners of the Customs to Mr. Randolph about a port at Perth Amboy. It is the opinion of the Councill, that a Coppy of these Minutes, and other papers be sent up to his Excellency.

P order

DAVID JAMISON Ck Council.

Deposition of Ducie Hungerford, about the seizure of a Vessel at Perth Amboy.

[From P. R. O. B. T., New York, No. 4, D. 34.]

The Deposition of Ducie Hungerford Esq' Coll of his Majts Majts Customes Att New Yorke in

America.

WHO being duely sworn upon the holy Evangelists of God deposeth and saith that having intelligence of a Sloops entring and unloading severall goods and

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