never so well qualified wch the Act could never intend, Besides if an approbation were indispensablie necessary there lyes a Quo Warranto against the prop's Charter, & the Kings not useing it, as an argument it is not indispensablie necessary, the tryall he offers them being upon an other Topic viz. whether governm1 is assignable, for it would not be on the foot of the approbation all means haveing been used to obtain it and the L of trade granting an allowance to A. H.' to act till the tryall was issued and it cannot be charged as a crime on them or him wt ye Lds refused to grant.

3d This depends upon the forms for if the propr Commission be good without an approbation G' B. superseded A. H.

4th And this also answers the 9th

5th It is certainly the Kings busines not the peoples to dispute the powers of the prop's Commission or inquire into the qualifications of a Gov! They know the props did not set up a governm' at their own hands. but were authorized by King Charles & the Inhabitants Commanded to yield their obedience to them as absolute gov, and the King only is Judge when its proper to recall that order, Nor have they any colour to appoint a Gov! either by any grant from the Crown, or by the neglect of the prop's of appointing none.

6th We are not to be wiser in matters of State than our Superiors. The Kings Counsel learned in the Law have resolved it some years agoe in tne negative, that the Natives of Scotland are not disabled and all the succeeding parls have acquiesced in that opinion. Besides the people might easily imagine that if A. H. were disabled on that head, a Quo Warranto lyes and that is the prop" business to mind.

S pardon this freedom. We have an assembly to sit in East Jersey, next week & I set out hence on Munday some time of the day. If your Letter to Mr. Leo."

1 Andrew Hamilton.

2 Evidently an abbreviation for Leonard.-ED.

is sent me betwixt now and then it will come in best season & I'll take care of the delivery. Our Assembly breaks up to day.

I kiss your Lady's hands & am

Your most obedient servant,

Burlington, 25 May, 1700

AND. HAMILTON.] But Gov H could have put ye out of doubt by showing y opinion of ye present councill.

I am sorry for ye love I have to ye poor American colonys, & ye service I have freely Done to see soe many of y ready to do felo de see & set fire to their own comforts, so much their interest to preserve with all caution & Zeal. The Props will always be too hard for you at home, and 'tis a vanity in any to think they can vacate their Quit-rents by offering yt wch is none of theirs to give, viz: ye Governm. I was ever for taking wht I could get, knowing y'a loaf is better than no bread, & if they would be persuaded by me, y1 am also a Proprietor, it should be to concurr wth ye Proprietors in their Gov. & by an easy and engageing way to draw from ym what privileges or benefits they wanted & the Govment could graunt without any notable damage to their interest.

Last of all the Gentleman they have named is no stranger, sharper nor morose person, but one of very good qualities & in good esteem both here & at home, I have said in service to Jersey, justice to him & civility to thyself, improve it to those ends for I mean what I say, & am that Colonys and

Indorsed

Thy assured Friend

M

Gov to SAML. LEONARD

of East New Jersey 26th 3d mo. 1700."

From Governor Andrew Hamilton [to the Secretary of State?]

Sr

[From P. R. O., among West Indies, Vol. 385.]

Letter from Governor Hamilton.

I was honoured by yo's of the 30th of November directed to Jeremiah Basse Esq: Gov! of East & West Jerseys by conveyance of his Exc'ie the Earl of Bellomont, M Basses Commisssion being superseded by one to me, He embarqued at New York for Engl'd in December last before I had an opportunity of speaking with him after my arrivall in the Jerseys, he will be heard of at S Thomas Lanes & will no doubt give an account of what money or other effects he seized of pyrates while he was in the administration.

Since my arrivall I have taken 4 into Custody that came from Madagascar, Their names are James How, Nicholas Churchill, Robert Hickman, & John Eldridge. Eldridges treasure is in the hands of Coll. Quary of Philadelphia, if the other three have any its hid in the Woods or else where, for there's none to be found about them How is a sensible man & I presume if he is promised a pardon, can make considerable discoveries, I shall pursuant to his Ma'ties orders to My Lord Bellomont deliver up to his Exc'ie the befor named persons & what treasure I can at any time discover belonging to them or any other such sort of people who I am sensible are a pest among man kind

Sr

Your most humble servant

[May 1700]

AND: HAMILTON

Remonstrance of the Inhabitants of East Jersey to the King, against the acts of the Proprietors, and asking for the appointment of a competent Gover

nor.

[From P. R. O. Proprieties. Vol. V, p 42.]

TO THE KINGS MOST EXCELLENT MATY

The Remonstrance and Humble Petition of your Maty's Loyal Subjects Inhabiting in your Matys Province of East New-Jersey in America.1

Humbly Sheweth.

That Whereas your Matys humble Petitioners did Remove and Settle themselves into the said Province of East New Jersey, and by Vertue of a Licence from the Honoble Coll: Richard Nicholls Governour of the said Province under his then Royal Highness the Duke of Yorke, to purchase Lands of the Native Pagans, did according to the said Licence, Purchase Lands of the said Natives at their own Proper Coasts and Charges: And Whereas since his said Royall Highness did sell and Transfer all his Right and Interest to the said Province of East New Jersey to certain Proprietors; by whose Licence severall other your Mas Loyal Subjects have also since purchased Lands at their own proper Costs and Charges of the Native Pagans of the same Place, whereby they humbly Conceive they have Acquired and Gain'd a Right and Property to the said Lands so purchased; Yet notwithstanding your May Loyall Subjects are Molested Disturbed, and Disposessed of their said Lands, by the

Referred to the Lords Commissioners for Trade and Plantations, and by them. on the 16th November, sent to the Proprietors, through Wm. Dockwra.-ED

said Proprietors or their Agents, who under pretence and Colour of having bought the Government with the Soile, have distrained from, and Ejected severall Persons for and under pretence of Quitt Rent and Lords Rent, whereby your Matys Liege Subjects have been sued and put to great Trouble and Charges, and have been Compelled to Answer to vexatious Actions and after they have defended their own Rights and obtained Judgement in their favour, could not have their Charges as according to Law they ought to have, but have been forced to sitt down under the loss of severall Hundreds of Pounds sustained by their unjust Molestations.

And further notwitstanding your Mat Liege Sub jects have Purchased their Lands at their own Proper Costs and Charges, by Vertue of the aforesaid Licences; Yet the said Proprietors, Gov's or Agents without any pretended Process of Law have given and Granted Great part of the said Lands by Pattent to severall of the s Proprietors and others as to them seemed fitt.

And notwithstanding their Pretence to Government, Yet they left us from the latter end of June 1689, till about the latter end of August 1692, without any Government, and that too in time of Actual War; so that had the Enemy made a Descent upon Us, wee were without any Military officers to Command or Give Directions, in Order to Our Defence, or Magistrates to put the Laws in Execution, and dureing the whole time the said Proprietors have Governed this your Mat Province, they have never taken Care to preserve or Defend us from the Native Pagans or other Enimys, by sending or Providing any Arms, Amunition or Stores, but rather have provoked and Incensed the said Natives to make Warr upon Us by Surveying & Pattenting their Lands, contrary to their Liking without purchaseing the same from them, or making any Satisfaction in Consideration thereof And sometimes when