strong that even with Hamilton's past popularity, he did not escape criticism or objection to the legality of his appointment. A most critical state of affairs now arose in the province, and the question was at once mooted as to what had better be done. If submission be made to Hamilton, with all these objections against his authority and that of the Proprietors, it might be argued that the colonists had waived any right to object to the existing government. If, on the other hand, they rose in rebellion and refused obedience, confusion. and anarchy would be the result, the interests of the colony would be seriously endangered and its future prospects blasted. At this time, however, the proceedings on the quo warranto were in progress in the English courts and the result of those proceedings would determine the whole matter. But, better than that, a perfect solution of the whole problem, a settlement of all dispute, would be effected by the course now contemplated by the Proprietors of making a surrender of all rights of government to the English crown. That was done, and

the whole matter amicably and satisfactorily arranged.

Andrew Hamilton and Jeremiah Basse had both been governors of the two provinces; Hamilton from the time of his reappointment until the surrender.

The division of New Jersey into East and West Jersey took place in 1676, but there had been no independent governor of West Jersey until 1681, when Edward Billinge was appointed to that office and Samuel Jennings became deputy. Under the "Concessions and Agreements," the Assembly claimed the right to appoint the deputy gov ernor, but there was no authority for this claim. In 1682, the Assembly, fearing that Billinge would remove Jennings, who had been so acceptable to the colonists, reappointed him deputy. He held this position until 1684, when Thomas Ollive, who proved a most excellent officer, was governor until 1685. John Skein was appointed deputy in 1685, and held the office for two years. He was succeeded by Will

iam Welsh, who was continued for one year.

In 1687, Daniel Coxe became governor and continued in office until 1692, when Andrew Hamilton was reinstated over both East and West Jersey. Coxe was a physician, one of the largest landholders in New Jersey, and also largely interested in South Carolina. He had rather an exaggerated idea of the importance of his position as governor and, on September 5, 1687, just after his appointment, addressed a long letter to the Proprietors, giving his opinion of the manner in which the

duties of his office should be performed. His style was dictatorial and egotistical; he had great activity of mind, but seemed to be of a turbulent disposition, and was the most unpopular member of Cornbury's Council. The party in the colony which supported Cornbury, in his quarrels with the people, regained power in 1716, had a majority in the Legislature and elected Dr. Coxe, Speaker. He became involved in a controversy with Robert Hunter, then Governor, which resulted in his being expelled from the Assembly on the 21st of May, of the same year. In an address to Hunter, the Legislature referred to Coxe in these contemptuous terms: "The gentleman, our late Speaker, has added this one instance of folly to his past demeanor to convince us and all the world that in all stations, whether of a Counsellor, a private man or a representative his study has been to disturb the quiet and tranquillity of this province and act in contempt of laws and government." His son, who bore the same name, became a distinguished lawyer and one of the Associate Justices of the Supreme Court of New Jersey. Justice Coxe was really the author of the plan of confederation between the colonies which, fifty years after he promulgated it, was actually adopted in a slightly varied form. He proposed his plan in 1722 and wrote a book with a very verbose title, in which he elaborated it at great length. Benjamin Franklin is credited with the celebrated "Albany plan of union," but it was very similar to that of Justice Coxe and seems to be almost an exact copy.

Cornbury who was appointed governor, not only of New Jersey, but also of New York, arrived in New Jersey in the month of August, 1703. He published his commission at Amboy and Burlington, and then went to New York. He remained there but a short time, however, came back to New Jersey and convened the legislature, which met on the 10th of November of the same year, at Perth Amboy. This legislature consisted of twenty-three members, nine of whom represented the eastern division; ten, the western; two came from Amboy and two from Burlington. Thomas Gardiner, from Burlington, was unanimously elected Speaker and upon being presented to the governor, was accepted by him. Notwithstanding the apparent readiness of the colonists to accept the change of government, their representatives in this legislature assembled, were not willing to proceed to any business without having some of their rights recognized by Cornbury. Accordingly, they demanded from him certain privileges. This demand was made in accordance with an ancient custom which had obtained in

the English Parliament. It is more than probable, however, that the legislators meant something more than a mere compliance with an ancient custom. The ardent desire of liberty which had manifested itself all through the existence of the colony and which was so characteristic, here strongly manifested itself.

What they demanded was this: "That the members with their servants may be free from arrests, or molestation during the session."

That they have free access to your Excellency's person, when occasion requires."

"That they may have liberty of speech, and a favorable construction of all debates that may arise among them."

"That if any misunderstanding shall happen to arise between the council and this house, that in such a case a committee of the council may be appointed to confer with a committee of this house for adjusting and reconciling all such differences."

The Governor granted the first three of these demands, but refused the last, upon the ground that it was unusual, and an entry of this action. was made in the books of the Council. The Governor opened the meeting of the legislature with a speech in which he referred to the surrender, the union of the two provinces and to his appointment as governor. He also referred to his instructions from the Queen and made some recommendations to the Assembly, as to the manner in which they should conduct themselves, the titles they should use for their acts, and enjoined upon them to finish their business with all convenient speed. This speech reflected no great credit upon Cornbury, either in its style, or in the intellectual ability displayed in it. A short reply was made by the legislature which is only remarkable for one feature, their manifestation of relief from the government of the Proprietors. They said: "We are well assured the proprietors, by their surrender of their rights. to the government of this province, have put us in circumstances much better than we were in under their administration, they not being able to protect us from the villainies of wicked men." From a memorandum in the Journal it is learned that all the members of the house agreed to the subject matter of the address, but that several of them, who were Quakers, dissented from the manner in which it was expressed.

The legislature continued in session until the 13th of December, being little more than a month from the beginning of the term. They passed several laws, but only one received the approval of the goverThat was a law with reference to the purchase of land from the

nor.

Indians. In the instructions to Cornbury, particular reference was made to such a statute and he was instructed to have it introduced into the Assembly and passed. On the 12th of November, the subject was referred to a special committee to "prepare and bring in a bill prohibiting and debarring all purchases of land from ye Indians without ye Prop'rs consent." The committee reported on the 23d of November; the bill was then read for the first time; the second time on the 24th of November, when some amendments were made and the bill was postponed until the 25th; then, it was read a third time and passed. A committee was appointed to carry the bill, as passed, to the Council and ask its concurrence. On the 10th of December the Council returned the bill with some amendments, to which they desired the assent of the house. On the next day the assembly considered the amendments presented by the Council, and consented thereto, but added another. amendment of its own. The bill thus amended was sent by another committee to the Council and its concurrence again asked, which was given on the next day, and the bill then received the formal approval of the governor, thus becoming a law.

It will be seen by this statement that all the formalities used in the legislation of modern times, in the passage of statutes, were here observed, in this initial Assembly, under the royal government. This record is made in the Journal of the proceedings: "Die Lunae A. M. 13 X'bris 1,703." "A message from his Excell'y by Mr. Walker, Mr. Speaker, His Excell'cy Comands this House to attend him in Council imediately."

"Accordingly Mr. Speaker with ye House went to Attend His Excell'cy in Council, where his Excell'cy was pleased to pass & Sign a Bill Entituled a Bill for Regulating ye purchasing of Land from ye Indians."

And so this act became a law, but it stands alone on the statute Book, the only one passed at this first legislature after the surrender to Queen Anne. Other statutes were introduced, some of which were passed by the House. One or two of these received the assent of the Council, but the Governor's approval was withheld. These are the titles of the bills introduced:

"A bill to regulate the election of members to sit in ye General Assembly."

"A bill to confirm and secure ye proprietors in their right to the soil of this province with the Quit rent according to ye conveyances made to the Duke of York."

"A Bill to settle and determine ye 2 salaries or fees of those who are or shall be elected to serve as members in General Assembly.'

"A bill for enforcing ye payment of former taxes in ye Western Division of Nova Caesarea."

"A Bill for regulating and ascertaining ye assize of Cask, Weights, and Measures."

"A Bill for raising one thousand pounds to be given to her Majesty for the defraying ye necessary charge of this government and supporting ye dignity of it and also for raising ye sum of three hundred pounds for paying ye representatives fees and other incidental charges of ye House."

"A Bill for confirming ye former proceeding of Courts of judicature within this province."

Although during the comparatively long session of the legislature, so few acts were passed, yet, it was by no means an idle body. On the second day of the session five voters of the eastern division presented a petition complaining that five representatives from that division had been illegally elected. Charges were made in the petition that Thomas Gordon, High Sheriff of the County of Middlesex, then a member of the Assembly, had been guilty of malfeasance in his office, in connection with the election. Several days were devoted to the hearing of this petition and of Sheriff Gordon's defence. The decision of the legisla ture was in favor of the sitting members.

Another question was raised with reference to the right of Richard Hartshorn to act as a representative, which also received the consideration of the Assembly. The decision was against Mr. Hartshorn's right and he was dismissed.

The session seems to have come to a rather abrupt end. On the 13th of December, a proclamation of the Queen dated the 20th of April, 1703, was read, in which she directed that, as there was no provision made for the support of the Governor or Lieutenant Governor, the Assembly immediately after the receipt of the proclamation should settle a constant and fixed allowance for them suitable to their respective characters and dignity and that the same be done without any limitation of time and that no gift should be made to either of those officers by the Assembly.

Immediately after reading this proclamation, the Governor made a speech to the Council and Assembly, in which he stated that, as the year was so far advanced, although he was anxious that the bills that