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

such an order was against law, were it really soe. To 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 M' 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 Lords 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.

What you write about equalizing the Duties on Commodities in the Severall plantations by an Act of Parliament here is a Matter of great weight upon which I presume not to make any Judgement. But as I know that the Suppression of Pirats and the discouragement of them in the Plantations, either by preventing their fitting out from thence or apprehending and punishing those that return thither, is absolutely necessary not only in respect of England, but for all honest Men even in the plantations themselves, I cannot therefore but commend the Zeal you have many times expressed in that matter, and remain confident that you will omit nothing in your power that may contribute to so good a Work, whether it be by intelligence and advices hither or by the care full Execution of what is required from you in the place of your residence there I heartily wish you all manner of happiness in the Post where you are placed, And am &

Whitehall

Octob! ye 25th 1698.

W. P.

Secretary Popple to Mr. Lownds, Secretary of the Commissioners of the Treasury, inquiring whether any directions had been given by them relative to the Port of Perth Amboy.

S

[From P. R. O. B. T. Proprietors, Vol. 25. p. 262.]

To Mr Lownds.

The Lords Com's of y Council of Trade and plantations having lately received Lett's from the E of Bellomont wherein he writes that M Bass at p'sent Gov' of

East & West New Jersey, notwithstanding his Majtys Ord in Council of the 25th Novemb! 1697 (whereof I send you here enclosed a copy) had Controverted before the Council at New Yorke the Right of the proprietors of the Jersey's to have a Port at Perth Amboy, directly contrary to his Majts fores Order in Councill and to all y Instructions that have been constantly given to the Gov's of New Yorke and pretended to maintain that Right by Force; Their Lordships being highly sensible of how pernicious consequence the allowance of the priviledge to y Jersey's would be to the Trade of his Maj prove of N. Yorke & to his Maj's Revenues there, have comand me to Desire you would please to inform y whether y1 matt! have been before y R Honble y Lords of ye Trea" & wt directions their Lord's have been pleased to give about it I am &

Whitehall

Decemb! the 14th 1698.

W. P.

Earl of Bellomont to the Lords of Trade.

[From New York Col. Docts., Vol. IV.,

p 438.]

To the Right Honorable the Lords Commissioners for Trade and Plantations.

Mr. Basse the Governour of the Jerseys in contempt of the orders your Lordships formerly sent me, loaded the ship Hester at Perth Amboy in East Jersey and was sending her on a voyage; on notice whereof I sent M' Hungerford one of the present Collectors, and one

of my Lieutenants with forty soldiers and seized and brought the ship away. I have since offered to restore the ship provided Basse would have her cleared at this Port, but he refusing so to do we are going to have her tried. The whole proceeding about the said ship is contained in the papers herewith sent (No. 1) viz1 two minutes of Council and two letters, one whereof writ by Mr. Cozens, Clerk of the Council to Basse, by order of myself and Council, and Basse's answer to that letter. M' Basse sent me word he had positive orders from the Proprietors not to yield upon no account to any orders I had received, and he threatens to try in Westminster Hall whether Perth Amboy be a port or no, and to sue me for damages for bringing away the ship Hester.' She is a leaky ship of about 120 tun and her loading is 28,000 barrel staves. Now that I speak of the Jerseys it will be proper to acquaint your Lordships that I have not yet complied with his Majesty's instruction which orders my regulating the Militia of the Jerseys, because there is no civill government there, for Basse having not the King's approbation, as the Act of Parliament of the seventh & eighth of the King obliges all governours of Plantations to have, the people do not own Basse's authority, and for fear they should call it more publickly in question, he dares not call an Assembly. Besides 'tis said he has been formerly in very mean circumstances in that country, and his carriage now is very foolish, which makes him contemptible to the people.

* * I am with respect My Lords Your Lordships most humble New Yorke and obedient Servant December 14th 1698

BELLOMONT

1 Governor Basse did, as he threatened he would do. The case was taken into Westminster Hall, and its thorough discussion resulted in the establishment of Perth Amboy as a free port, and a verdict was rendered in favor of Governor Basse, for several hundreds of pounds sterling. See East Jersey under the Propri. Govts., 2d Edition, pp. 205-207. Proceedings of N. J. Hist, Society, Vol. X, p 144.-ED.