Page images
PDF
EPUB

Merchandise att Perth Amboy in East Jersey wthout first duely entring the same att his Majts Custome house in New Yorke, He this Deponent did on the 23d July last repair to Amboy taking to his Assistance M1 John Parmyter in order to seize the s Sloope to the Kings use, according to Law and Severall Acts of Parliament, and Pursuant to Proclamation issued forth by his Excellency the Earl of Bellomont dated the 24th May last directing and commanding every officer of the Custome house in their respective places and dutys to stop, seise, or hinder any vessel w'soever that contrary to said Proclamacon should go to Perth Amboy, there to break bulke and unload any goods and Merchandise whatever without due entry first made att his Majesties said Custome house in New Yorke of said vessell and Goods Att this Depon's arrivall att Amboy he found by search in the Coll's office there, that there had been entred and landed sundry goods and merchandise from on board the said sloope Vizt a hh Tyoll wine drinking glasses &c. whereupon this Deponent endeavoured to gett on board the said vessell in order to seise her as aforesaid, But coming nearer found severall of the Inhabitants of Amboy had gotton on board of her amongst whom were M' Cole and one M Leveridge and two men belonging to M' Basse Captain Richard Wise and Mr. Joseph Heron, who wth Clubbs Oars, handspikes &c Stood on her Side to Keep this Deponent from coming on board the said vessell-And this Deponent further saith that on his approaching and coming near the said sloope the said Heron swore God dam him he would knock this Deponents brains out if he offered to come there or words to that purpose, and they all bid this Depot keep of att his Perill by wch means he this sd Depon' was hindred and prevented from doing his duty according to his office in seising the Vessell aforesaid And this Deponent further saith that some time after being on the shore in

Company wth Mr Parmyter the said Wise from on board called to this Deponent and asked, if he had a mind to come and sink by her side, and after many threatning words, The said Wise, Heron, and others to a great number came from on board the said Sloope up to this Depn' in a violent and tumultuous manner with clubbs oars &c and put this Depon' in great danger and fear, whereupon he and Mr. Parmyter both went back as farr as safely they might, but the said numbers of people suddenly rushing on them they were att last forced to stand with their swords in their hands to keep them off in their own defence but offered no assault or violence to any, and were at length constrain'd to deliver up their swords, and then was by the Constable of the place rudely seised on and violently hailed before a Justice of Peace by name Samuell Dennis, after he had kept this Depon' in Custody about two hours wthout order, or warrant as he himself owned, and was after kept in Custody by the said Justice or by his order about two hours longer to whom this Depon shewed his Commis'ion, and told him by whose and what authority he came to seise the said sloope and that it was according to his duty and place, and pursuant to his Excellency's said Proclamac'on, but the said Justice Dennis denyed that his Excellency's said Proclamation had any force there, nor could they Take any notice of it But charged this Deponent with comitting a Ryott tho in truth there was none save the said M' Parmyter and this Deponent, nor did they offer any force or violence to any w'ever And this Depon' further saith that he desiring the said Justice not to admitt the said Wise to give Evidence for that he was somewhat in drink, as plainly appeared to this Deponent, upon wh the said Wise loudly swore God dam him he would knock out this Depon's brains if he did not hold his Tongue, or words to that effect, and was then comeing towards this Deponent to strike him, but was hindred by some people Standing by.

And this Depon' further saith that after he had been kept in Custody by both Constable and Justice from about six a clock in the Evening till about half an hour after tenn att night he was sett att liberty, and soon after returned to New Yorke not being able to make the intended seisure being violently hindred and prevented as aforesaid

Jurat Coram nobis the 18th day

DUCIE HUNGERFORD.

BELLOMONT

JA: GRAHAM

Septemb! 1698.

Earl of Bellomont to the Lords of Trade.

[From New York Col. Docts., Vol. IV, p 380.]

To the Right Honourable the Lords Commissioners of the Council of Trade.

[blocks in formation]

Your Lordships formerly sent me orders to maintein the priviledges of this port against Perth Amboy in East Jersey: upon which I issued a Proclamation signifying his Majesty's order in Councill thereupon; and Colonel Basse, Governor of the Jerseys setting forth a counter proclamation, I sent for him and shewed him the Orders your Lordships had sent me, and that in the presence of the Attorney Generall; yet this man has since had the impudence and folly to deny that he ever saw my orders and pretends he will by force maintain the port of Perth Amboy. When I was at Albany he appeared before my Lieutenant Governor and the

Councill and controverted the right that place had to be a port and produced severall coppies of papers (but not one original) to prove that the Lords of the Treasury & Commissioners of the Customes allowed it a Port. My Lieutenant Governour's letter to me at Albany, and the minutes of Councill will inform your Lordships of this matter, they are (No 6) and with them are bound up coppies of all Colonel Basse's papers, which he produced before my Lieutenant Governor and Councill, as evidences of Perth Amboy being allowed a Port. I must not forget to acquaint your Lordships that when I shewed Colonel Basse the orders you sent me, he urging the validity of those papers, I now come from mentioning, and that the Act of Parliament of the 25th Car. the 2d gave the sole power of constituting Ports to the Lords of the Treasury and under them to the Commissioners of the Customes; I told him if he could produce an authentick originall order from the Lords of the Treasury or the Commission ers of the Customes, erecting Perth Amboy into a Port, I would pay that defference to their orders as not to disturb any ships going in there, provided security were given that all goods landed there should afterwards pay the duty claimed by the port of New York in case upon my writing to the Ministers in England the matters should again be determined in favour of the port of New York: and I remember I argued with Colonel Basse the impossibility of the King's making such an order in Councill without the concurrence of some of the Lords of the Treasury, who as members of the Privy Councill would have sett his Majesty right if the matter had been wholly under the direction of their Lordships of the Treasury by that clause in the Act of Parliament. Besides I told him it could not be imagined that such eminent lawyers as my Lord Chancellour and Lord Chief Justice of England would sitt at Councill and not inform his Majesty that

To

such an order was against law, were it really soe. shew what little respect Colonel Basse paid to the orders of the government I send your Lordships an affidavit made by M Hungerford who together with Colonel Cortlandt is appointed to execute the office of Collector and Receiver Generall in Mr Brookes his stead, which is bound up with the above said paper I conclude with much respect, My Lords Your Lordship's most humble

and obedient servant,

New York Sept 21st 1698.

*

*

BELLOMONT

Secretary Popple to Governor Basse, commending him for his zeal in suppressing Piracy.

[From P. R. O. B. T. Proprieties, Vol. 25, p 256.]

TO JERIMIAH BASS Esq Gov! of his Majesties province of East and West New Jersey in America.

S:

I communicated the letter which you were pleased to write me, dated in Aprill last, to the Lords Commissioners of the Councill of Trade and Plantations: upon which their LordPs have comand me to Acquaint you, that your advices are very Acceptable to them, and to desire the continuance thereof, The Method which you say you have proposed to M Randolph for preventing Smuggling and illegal Trade, will I suppose come under the Consideration of the Commissioners of the Customes, to whose province it particularly belongs.

« PreviousContinue »