The Colonies, 1492-1750

by Reuben Gold Thwaites

The methods of local self-government were quietly transformed. Under the Dutch, the towns, manors, and villages held direct relations with the West India Company. A systematic code drawn by Nicolls and a convention of the settlers (1665)—promulgated as "the duke's laws"—provided for town-meetings for the election in each town by a "plurality of the voices of the freeholders," of a constable and eight overseers. These officers were the governing board of the town, with judicial and legislative powers, thus differing from the New England selectmen, who but carried out the mandates of the town-meeting. There was created a judicial district called a "riding," with an area embracing several towns and presided over by a sheriff. In 1683, these ridings developed into counties; afterwards (1703), it was arranged that a supervisor was to be elected by the freeholders in each town, to represent it in a county board whose duties were chiefly to levy, collect, and apportion taxes. Thus we see the genesis in the middle colonies of the mixed system of local government,—town and county being of equal importance, with elective executive officers in each: it was a compromise between the town system of New England and the county system of Virginia; and this mixed system now prevails in perhaps most of the States of the Union. The duke's charter enabled him to make all laws, without asking the advice or assistance of the freemen. By "the duke's laws," power was vested in the hands of the governor and council, the people being wholly ignored in all matters above the affairs of the riding. Perfect religious liberty was allowed throughout the province.

Recapture by the Dutch.

In 1672 England and Holland were again at war, and Francis Lovelace, then governor of New York, made such preparations as he could against anticipated attack. The Dutch colonists had had more or less trouble about taxes with the English authorities, and there had been some friction because the duke had made grants to Carteret and Berkeley in what afterwards by the release became New Jersey, and thus had still further complicated land-titles; but in general the English rule had been borne with comparative equanimity. Nevertheless, the Dutch were highly delighted when a fleet from Holland appeared before the city (1673), and easily secured the surrender of the place.

England again in possession.

Fifteen months later (1674) the treaty of Westminster ceded the province back to England, and it became New York once more. The population at this time was about seven thousand.

The rule of Andros.

Edmund Andros, later concerned in the attempt to reduce New England (page [174]), now came out as governor. His domestic policy was wise, and the province experienced a healthy growth, the fur-trade being greatly expanded under his administration. Both Nicolls and Andros sought to neutralize the ill effects of the New Jersey grants by contending that they were still tributary to New York, and Andros, in particular, adopted aggressive measures to maintain what he held to be his prerogative; but Carteret and Berkeley were too influential at court, and the governor was recalled (1680) and given other employment.

Charter of liberties.

Under Governor. Thomas Dongan (1683-1688) the government yielded to the clamor of the people, who pointed to the greater freedom allowed the New Englanders; and an assembly was formed composed of eighteen deputies elected by the freeholders. A charter of liberties was adopted by this body, with the king's consent, making the assembly co-ordinate with the governor and council; freeholders and freemen of corporations were invested with the franchise; religious toleration was ordained for all Christians; taxes were not to be levied without the assembly's sanction: but all laws were to require the assent of the duke, who was also to grant lands and establish custom-houses. This liberal treatment was of short duration. The Duke of York came to the throne in 1685 as James II., and his reign was signalized by depriving his subjects in New York of their representative government (1686). The governor and council were ordered to establish the Church of England in the province, and to refuse permits to schools not licensed by the Church.

Leisler's revolution.