of Governor Hunter, has been noticed. The object of these laws was considered of so much importance in the province, that its attainment was again attempted. Acts were passed for shortening law suits and regulating the practice, and practitioners of the law and other officers; concerning the acknowledgment and registering of deeds, and other conveyances in the several counties; and for the enforcement of an ordinance regulating fees. These enactments would have operated much to the convenience and advantage of the people, but would have been injurious to the interests of certain officers appointed by the Crown, or the Gover

With some amendments, (to which the Assembly agreed,) these acts were passed by the Governor and Council. But they were afterwards rejected by his Majesty.

Although concurrence in action had been maintained to a degree, between the different branches of government, yet in point of union and feeling, the relations between them were by no means close. Beside that the proceedings of the Assembly in the particulars noticed, were not entirely approved by the Governor, the House adventured upon a representation to him, concerning the appointment of the Council. They said "they were humbly of opinion that it would be of great benefit to this province, that the gentlemen of his Majesty's Council should be of credit, estates, and abilities, constantly resident, with their families within the province; to the end they might be acquainted with, and concerned for the interest thereof." The Governor somewhat briefly replied, that he would take care concerning the matters mentioned, and observed, that he thought no Governor would recommend any to be of his Majesty's Council, but such as were men of credit, estates and abilities. The long continuance of the sitting of the Assembly, beside the character of their measures, was disapproved by the Governor, and whilst the business before them was yet unfinished, (some of the bills just mentioned being yet pending,) he thought proper to order an adjournment; he adverted to the great expense that was incurred; expressed his dissatisfaction that no provision had been made for his support, and that they had yet done so little for the good of the

39 The members of Council and the principal officers of the province frequently resided in New York, and much inconvenience was experienced in consequence.

province. "A small recess," he said, "and the opportunity of consulting with your constituents, may better prepare you for the despatch of business." It is possible that the "small recess" may have had an effect upon the despatch of business. After the completion of the measures that had been entered upon, an enactment was made for a new emission of bills of credit to the amount of forty thousand pounds, and a bill was passed for the support of the government, for the period of three years; five hundred pounds per annum was given to the Governor.

Governor Cosby continued in office until his demise, which occurred in 1736.

At that time the application for an entire separation from New York was again presented to the King. A petition was offered in the name of the President, Council, the Speaker and some of the members of the House of Assembly, on behalf of themselves and others of the inhabitants of the colony. The Grand Jury too, returned to serve for the Supreme Court of Judicature, presented a similar petition.40 These petitions, which were presented by the agent of the colony, were referred to the Lords of trade, for their consideration and advise in the case. During the pendency of the application, the administration of the government of the province devolved on John Anderson, the President of the Council, and his death occurring very soon afterwards, the direction of

The petition of the Council and Assembly was dated May 11th, 1736. They stated that upon the surrender of the government to Queen Anne, the proprietors and inhabitants had reason to hope that the Governor then appointed would have been distinct from the person appointed for New York, but to the great disappointment of the colony, the same person was appointed for both, which mode has continued. That the great value of the government of New York had induced the Governor to prefer that province for his residence, and also in many instances to prefer its interests, to the prejudice of New Jersey; that great delays had occurred in the management of the government, and in the adininistration of justice. And they stated that the people of his Majesty's province of New Jersey, were equally willing and able to support a distinct Governor as many of the neighbouring colonies. They therefore prayed that his Majesty would be pleased to commission a person to be their Governor, distinct from the person to be appointed Governor of New York. The petition of the Grand Jury was dated on the same day as the other, and was very similar in tenor. Votes and State Papers, vol. 1.

affairs was assumed by John Hamilton, Esq., the next member of the Council. The latter continued at the head of the government for nearly two years, when a Governor of New Jersey, distinct from New York was appointed.

The Lords of trade having considered the applications referred to them, reported, that they were of opinion that his Majesty should comply with the prayer of the petitioners for a separate Governor. Accordingly, in 1738, a commission was given to Lewis Morris, Esq., appointing him Governor of New Jersey.

Their report was dated August 5th, 1736.

CHAPTER XVII.

MORRIS', HAMILTON'S, AND BELCHER'S ADMINISTRATIONS. THE

FRENCH WAR.-CHANGE OF GOVERNORS.

GOVERNOR MORRIS had been active in procuring the separation from New York. He had also held important places and had performed the highest services in New Jersey. The appointment of such an individual to the chief place in the government, together with the separation of the province from its former embarrassing connexion, were regarded as circumstances highly favorable to future prosperity. Under the new organization, some change took place in one particular in the action of the government. The Council were made a separate branch of the Legislature; the Governor refraining from immediate participation in any measure relating to Legislative proceedings. The General Assembly convened on the 27th of October, 1738. In an address made by the Governor to the Council and Assembly, he spoke of the indulgence of his Majesty in allowing the province to be separated from New York, and in appointing a person to the government whose conduct was well known to them. He recommended with some urgency, that the support of the government should be provided for, in a manner corresponding with the assurances that had been given as to the dispositions and the ability of the people. He stated in general terms, that he should be willing to give his assent to all bills that were proper for his approval, and others, he hoped, would not be proposed. The Assembly acknowledged

1

The Governor had formerly presided in the Council when considering and acting upon laws. He now entirely withdrew. The change, however, was chiefly one of form. The Governor retained the same authority in rejecting laws as before. Yet although the respective spheres of action of the Governor and Council may have continued almost the same in extent, a greater degree of freedom of action may have been gained by the Council, and an addition of diguity by the Governor, in consequence of the change.

in terms of much warmth, the favor that had been shown by his Majesty, both in granting a separate Governor to the province, and in the appointment of the person. "The Governor," they said, "was a person well known to ourselves to be eminent for his great skill in affairs of government, which we more than once have had experience of; and from his knowledge of the nature and constitution of this province, and other advantages of learning, if his inclinations and endeavours to promote our welfare bear any proportion to his abilities (which we have no reason to doubt,) is every way qualified to render us a happy and flourishing people." The Council also replied with similar expressions; they stated also the satisfaction that was felt on account of their separate and distinct establishment as a part of the Legislature of the province.

But the future course of proceeding was not entirely answerable to this auspicious beginning. It was probably supposed by the Assembly that the circumstances of the time were particularly favorable for securing and for the extension of popular privileges and rights, and their measures were taken accordingly. But the Governor exhibited in the discharge of his new responsibilities and duties, the same intractable and resolute temper that had formerly been shown, when acting with the people. Hence entire unanimity was not long maintained. Several measures which had been formerly agitated, were again brought forward in the Assembly. Bills were introduced for the more frequent election and meeting of Representatives in the General Assembly; for shortening law suits, and regulating the practice and practitioners of the law; and for recording deeds in each of the counties. These embraced the substance of enactments formerly passed, but which had been rejected by his Majesty. An application was also made to the Governor praying him to regulate a table of fees, in order that the same might be passed into a law. Some of these bills (with amendments by the Council,) were finally passed by the Legislative authorities, but the assent of the Governor was withheld. Concerning the petition for the regulation of fees, his Excellency said, that he would consult with the Council, "and do all that was reasonable therein." After some delay, a bill for the support of the government was agreed to by the Assembly. It provided for the appropriation of one thousand four hundred and