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Secretary Popple to Secretary Sansom, transmitting sundry documents referring to the Controversy about the Ports of New Jersey, for the consideration of the Commisssoners of the Customs.

[From P. R. O. B. T. Proprieties, Vol. 25, page 282.1

TO JOHN SANSOM, ESQ"

Sir:

The Lords Commissioners of the Councill of Trade and plantations having been lately informed by the Earle of Bellomont from New York of some opposition made by M Bass Governor of the Jersy's, to his Majesties Order in Councill of the Twenty fifth of Novemb! 1697; relating to a Port at Perth Amboy; they have commanded me to send you the following papers for the information of the Commissioners of his Majesties Customs in that matter Viz.

(') [*] Copy of their Representation to the Lords Justices Dated the 27th October 1697.

[*] Copy of his Majesties order in council upon their said Representation dated the 25th Nov! 97.

Copy of the Earl of Bellomonts proclamation in Pursuance of the forementioned Representation and Order Dated at N. Yorke the 4th of May 1698.

[*] Copy of M: Bass's proclamation challenging the Right of a Port at Perth Amboy in opposition to his Majesty's foresaid Order in counc! dat at perth Amboy ye 30th May 1698.

[*] Copy of a Minute of his Majesties Council of New York upon a Dispute about the clearing of a Ship for Perth Amboy, without paying customes at New York. Dated the 23rd of July 1698.

[*] Copy of Ducy Hungerford's Affidavit relating to the opposition made to him at Perth Amboy, upon a

(1) [*] The documents thus marked will be found under their respective dates on preceding pages. -ED.

seizure that he endeavoured to make there in pursuance of his Majesty's forsaid Order in Councill and the Earl of Bellomonts proclamation upon it. Dated the 18!" September 1698.

Unto which I am commanded to add that their Lordships observing that M Bass now waves the former pretence of a Right derived from the Duke of York and builds chiefly upon the commissions granted by the Commissioners of his Majesties customes to their Officers at Perth Amboy from whence he seems to infer either a direct Establishment or at least Tacit Supposition of a Right to a Port in that place by vertue of the act of Parliament of the 25th Ch: 2 They are desirous to know if the Commissioners of the Customes have received the like Informations from the Earl of Bellomont about this Business and what Order they have taken therein; Or if they had not received So full Information before, Their lordships desire they would now please to consider the Papers I send You, and let them know their thoughts thereupon; Because it seems much for his Majesties Interest, and of great importance to the province of New York, and consequently to the Security of his Majesties other plantations in America, (of which New York is the most considerable frontier) that his Majesties forsaid Order in Council and the Instruction constantly given to all the Governors of New York upon that Subject, be punctually observed.

Their Lordships observing also that the Earl of Bellomont in his Letter of the First of July last makes mention of a vessel Seized by M Randolp in the Jerseys and afterwards Tryed in the Court of Ad" of New York, they desire you would let them know the Subject and Success of that Tryall, I am &

Whitehall

Decemb the 22 1698.

W. P.

Petition of the Proprietors of East Jersey, that Andrew Hamilton may be approved of as Governor.

[From P. R. O. B. T., Proprietors, Vol. 2, A 42.]

Petition of the Proprietors of East New Jersey.

TO THE KINGS MOST EXCELLENT MAJTIE

The humble Petic'on of y: Proprietors of the Province of East-New-Jersey in America.

Sheweth

That Andrew Hamilton Esq! by appointment of your Peticoners hath been Governor of East-NewJersey for many yeares last past, In which Office he behav'd himself wth so much Zeal & affection to your Majtles Service dureing the late War ag! the French of Canada, and wth so much justice & Prudence towards yo! Majties Subjects the Inhabitants of that Collony, that your Petic'oners at the generall request of that People have again nominated him to be Governor of the same Province: as a person most acceptable to the Country, and thereby most capable of serving yo Crown both in Peace & War.

Your Pet' doe therefore most humbly beseech yo Majte to allow & approve of their choice of the said Andrew Hamilton to be Governour of the said Province of East New Jersey.

And yo' Pet as in duty bound shall ever pray &c. Signed by Order of the Proprietors on behalf of the whole

WM DOCKWRA

One of y Props & Secr. & Reg

of the Province

Secretary Popple to Attorney Generall Trevor, asking his opinion as to the qualification of Andrew Hamilton, as Governor of East Jersey, he being a Scotchman.

[From P. R. O. B. T. Proprieties, Vol. 25, p. 303.]

TO SIR THOMAS TREVOR, Knight,

S

His Majestys Attorney Generall.

His Majesty having been pleased to Refer unto the Consideration of the Lords Commissioners of the Council of Trade and Plantations a Petition of the Proprietors of East New Jersey in America, Praying that Andrew Hamilton Esq' whom they have nominated to be Governor of that Province may have his Majesties Royall allowance and approbation for that Employment, Their Lordships have commanded me to acquaint you that the said Hamilton is a Scotchman born, and thereupon, to desire your Opinion whether he be qualified for that Employment, in respect of the Act for preventing frauds and regulating abuses in the plantation Trade, or any other Law of this Realm. I am &c W. P.

Whitehall Jan. 7) the 17th 1698 9 ད

Attorney General Trevor to Secretary Popple, in answer to the foregoing letter.

[From P. R. O. B. T. Proprieties Vol. 2, B. 44.]

Lre from M: Atty Gen! in answer to one writ him abt Mr Hamilton, a Scotchman, propounded to be Gov of the Jerseys.

For W Popple Esq

SR

According to the Comands of the Lords Com of the Council of Trade Signified to me by yo! L're of the

17th of Jan'y last I have considered of the matter wherein my Opinion is required by their Lords'ps, and am humbly of Opinion That a Scotchman borne is by Law capable of being appointed Governor of any of the Plantac'ons, he being a natural born-Subject of England in Judgm! and Construcc'on of Law, as much as if he had been born in England.

Your most humble Serv

THO: TREVOR

2 Feb'y 1698. [1698-9]

Letter from Secretary Sansom to Secretary Popple, transmitting a report of the Commissioners of the Customs, about Perth Amboy.

[From P. R. O., B. T.; Proprieties, Vol. B 2, 52.]

Lr'e from Mr Sansom in answer to one writ him ye 22th of Dec last ab Perth Amboy, with ye Copy of a a Report of ye Com's of ye Cus toms to ye Lds of ye Treasury upon ye same subject.

SR

I received your Letter dated thie day-For answer to which You will please to be Informed That the Comms haveing perused the severall Papers Transmitted in yours to me of the 22th of December Last Relating to the Business of Perth Amboy, and such others as They had before them concerning that matter Have this day Finished a Report to the R Honble the Lords Comms of his Mats Trea'ry from whome Papers to the like purpose were Referred to them, to Consider of, and have sent the same forward their Lorde of which

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