Page:American Historical Review vol. 6.djvu/729

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Transition from Dutch to English Rule 7 1 9 towns ; and provided for no immediate change in political organiza- tion.' The Dutch local government continued under these terms, but always in subordination to the military authority of the English commander on the river. By the orders of the governor and coun- cil on April 21, 1668, this dual form of government is well illus- trated. The civil government in the respective plantations was to be continued until further orders," but in case of dispute, the military commander was to call to his assistance five named inhabitants to act as counsellors, and this body, in which the commander had a double vote in case of a tie, was to decide civil cases, and give ad- vice concerning the Indian trade and the arming of the several planta- tions.^ Furthermore, steps were taken, as was being done on the Esopus at the same time, for the introduction of the Duke's Laws : "the Lawes of the Governmn' Establisht by his Royall Highnes be shewed and frequently Communicated to the said Councello" and all oth'" To the end that being there w'" acquainted the practise of tJiein may also in Convenient tyme be establislied. ' ' * Several years passed by, however, and the change to the Duke's Laws was not made. In 1670 and 167 1 we find references to schouts and commissaries, who have the duties of the old Dutch officers. The adoption of the Laws in the Delaware territories came more gradually and much less completely than it did in the upper Hudson settlements. In June, 1671, the governor granted the petition of the inhabitants of Newcastle for civil officers and town privileges." In November of the same year the militia provisions of the Laws were extended, and it was ordered that the inhabitants " bee digested into severall Companyes as the Townes and number of Men will permitt," and that the officers be elected by the soldiers and commissioned by the governor.'^ A further extension of the Laws came in April, 1672, when Captain Walter Wharton was commissioned by Governor Lovelace as justice of the peace on the Delaware. Wharton had the power to nominate by himself, or cause to be elected, a constable and two overseers, with whom he was to hear petty civil cases ; in the de cision of which and in all matters of government he was directed ■ See an/e, p. 695. 2jV. V. Col. Doc, XII. 461. ■^Ibiit., XII. 462.

  • Ibid.

5 Hazard, Annals of Pennsylvania, 3S0, 3S3. ^N. V. Col Doc, XII. 480-482. "> Ibid., 487.