The new charter for the province and territories, signed by Penn, October 25, 1701, was more republican in character than those of the neighboring colonies. It not only provided for an assembly of the people with great powers, including those of creating courts, but to a certain extent it submitted to the choice of the people the nomination of some of the county officers. The section concerning liberty of conscience did not discriminate against the members of the Church of Rome. The closing section fulfilled the promise already made by Penn, that in case the representatives of the two territorial districts could not agree within three years to join in legislative business, the Lower Counties should be separated from Pennsylvania. On the same day Penn established by letters-patent a council of state for the province, “to consult and assist the proprietary himself or his deputy with the best of their advice and council in public affairs and matters relating to the government and the peace and well-being of the people; and in the absence of the proprietary, or upon the deputy’s absence out of the province, his death, or other incapacity, to exercise all and singular the powers of government.” The original town and borough of Philadelphia, having by this time “become near equal to the city of New York in trade and riches,”[481] was raised, by patent of the 25th of October, 1701, to the rank of a city, and, like the province, could boast of having a more liberal charter than her neighbors; for the municipal officers were to be elected by the representatives of the people of the city, and not appointed by the governor, as in New York. The government of the province had been entrusted by Penn to Andrew Hamilton, also governor for the proprietors in New Jersey, with James Logan as provincial secretary, to whom was likewise confided the management of the proprietary estates, thus making him in reality the representative of Penn and the leader of his party. Hamilton died in December, 1702; but before his death he had endeavored in vain to bring the representatives of the two sections of his government together again. The Delaware members remained obstinate, and finally, while Edward Shippen, a member of the council and first mayor of Philadelphia, was acting as president, it was settled that they should have separate assemblies, entirely independent of each other.