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1 The people of both Provinces being under Equall Taxes of Importation & Exportation, the Merchants or Inhabittants of New-York will not be tempted to remove from New-Yorke (wch is a place well setled & abounding with all Conveniency's for Trade) to East Jersey, which has yet few Buildings & not capable of Receiving them till they have spent a great deal of time & money to make the necessary provisions for Trade.
2! Most if not all the Improveable Lands of New Yorke are already taken up & setled, whereby that Province is now as well peopled as it is like to be for many Years; And will therefore return under the same Difficulty's both for Men & Money in time of any future Warr, as they were in the last Warr, and England will still be under a necessity of Supplying them with Men & Money on such Occasions.
3! But if East Jersey have a Port, that Country (wch has a great deal of Fertile Land lying vacant) will soon be peopled from the remoter Barren Collony's, And capable of Furnishing Men and Money in case of any Invasion from the French or Indians. The only Reason which has yet Cramp't that Country from Increasing in people, being the incapacity of Importing thither what they want, & Exporting from thence the product of their Labours:
4 The Moyety of the Customes arising at East Jersey being paid and applyed to the Support of the Frontieers of New Yorke, that Province will be eased of such part of their present charge, or at least England will be discharg'd from that Expence of Men and Money which it is now forced to be at for that purpose.
5Whereas it has been Objected that East Jersey was once a part of New York & Contributed to that Revenue in proportion to the Customes that arise upon Goods consumed by the Inhabittants of that Province; If they shall be now permitted to supply themselves by their own Importation then the Customes of New Yorke will proportionally Decrease.
IN ANSWER to which, The Proprietors offer to put themselves under the same Customes with New York, And will pay in, to the Treasury of New York, Yearly for the support of the Frontieers as much as the Custome of Goods consum'd in East Jersey has amounted to in any Year since the disjoyning of that province from New-York, if their Lordshipps shall be inclinable to accept of that Offer rather than a Moyety of the Customes arising at East Jersey.
THE PROPRIETORS are much surpriz'd at the Objection Yo? Lordpps make to their Right. of Goverment, which they enjoy'd dureing y? Reign of the late King Charles 2d not only by an uninterrupted allowance of it, But by a Particular Declaration recognizing their Authority and Commanding the Inhabittants to obey them, And by the late King James, and since by his present Majesty.
THEIR TYTLE TO IT, IS THIS. King Charles the Second by Letters Pattent granted the powers of Goverment of East Jersey to the Duke of Yorke.
THE DUKE OF YORKe in 1682 granted all the same powers of Goverment to the Proprietors as appears by the Grant now produced to Yo? Lordshipps, which King Charles 29 back'd with the Declaration above mentioned.
THE PROPRIETORS enjoyed it accordingly, and though in the Commission Granted to Coll. Fletcher late Governor of New York the Jerseys were at first incerted, Yet upon the Petition of D? Cox then chief proprietor of West-Jersey and a hearing at the Councill Boord, after a long Debate by Councell, wherein the Absigneableness of Goverment was particularly discuss'd It was Ordered that the Jerseys should be struck out of Coll. Fletchers Commission, and they were · struck out accordingly.
The proprietors humbly pray Your Lordpps Consideration of the premises and that Yo! Lordpps will be pleased to make a speedy Report upon their Petitions referred to Your Lordshipps. By Order of yo Proprietors
S & RE Aprill iij 1699.
From Secretary Popple to Wm. Dockwra, informing
him that the Lords of Trade had concluded to authorize a trial at Westminster, to test the Propritors' claim to the Port of Perth Amboy, and to their Government of the Province.
The Lords Commissioners for Trade and Plantations having taken into consideration the Petition of the Proprietors of East-New-Jersey in America (refer'd unto them by his Majesty's Order in Council of the gth of March last) relating to a Port at Perth Amboy, in which they pray that for their Vindication against the Clamours of the Inhabitants of East-New-Jersey on that occasion His Majesty's Attorney General be directed to consent to a Tryal at Bar in Westminster Hall on a feign'd Issue, whereby their Claim may receive a Judicial Determination, And their Lordships having likewise considered the further Memorials that have been laid before the said Proprietors, or by yourself in their behalf, in pursuance of his Majesty's said Order of Reference; They have commanded me to acquaint you (for the Information of the said Proprietors) that they intend to offer to his Ma'y in Council, on Thursday next that such a Tyrall be had at the Bar in Westminster Hall, whereby the said Claim together with the Right of Government of the Province of EastNew Jersey, upon which the same is grounded, may accordingly receive a Judicial Determination.
I am &
W P. Whitehall April the 14th 1699.
Representation from the Lords of Trade to the King,
informing him of their determination to have the
[From P. R. O. B. T. Proprieties, Vol. 25, p 400.]
May it Please Your Majesty. In Obedience to Your Majesty's Order in Council of the 9th of March last upon a petition of the Proprietors of East-New-Jersey in America, relating to a Port at Perth Amboy: We have considered their said Petition with what they have further offered to Us upon that Subject; and finding no reason to alter .our former Opinion represented to their Excellencies the Lords Justices the 27th of Octob. 1697 That the granting them the priviledge of that Port would be extremely prejudicial to Your Majesty's province of New Yorke; But observing that in the close of their said Petition they pray, That in case Your Majesty should not permit them the free use of the said Port of Perth Amboy upon the Terms by them proposed, Your Majesty would be pleased for their Vindication against the clamours of the Inhabitants of East New Jersey upon this occasion, to direct Your Attorny Generall to consent to a Tryal at Bar in Westminster Hall upon a feigned Issue, whereby their claim to the sd port may receive a Judicial Determination, We thereupon most humbly offer to Your Majesty, That such a Tryal at Bar be had in Westminster Hall, whereby the Proprietor's said Claim; together with the Right of Government of the said Province, may receive a Determination. All which neverthelesse is most humbly submitted
Memorial of the Proprietors of East Jersey to the
Lords of Trade, relative to the proposed trial of their rights to a Port.
[(Indorsed) P. R. O. B. T. Proprieties, Vol. 3, C. 7.) TO THE RIGHT HONBLE THE LORDS OF THE COMITTEE
OF TRADE & PLANTATIONS. The Humble Memoriall of the Proprietors of the
Province of East New Jersey in America. Sheweth
That the Proprietors having by Y' Lordpps command Received Notice from M: Popple of Y? Lordpps intention to offer Yo'. Opinion to his Majty that a Tryall at Barr be had in Westminster Hall, for bringing their Claim