Transition from Dutch to English Ride 697 governor, his councillors and the justices ; and in addition to its judicial powers, it also had the right, with the governor's consent, to pass laws. This latter feature did not, however, give to the court the nature of a popular assembly, for the justices were ap- pointed by the governor and retained their offices during his pleas- ure ; ' and in some cases the governor changed the laws without waiting for the consent of the court." Thus this body, composed of the governor's appointees, could not be truly representative of the people, when their positions were dependent upon the will of the governor.^ Finally it must be noted that the legislation of this court was not enforced throughout all the territories of the Duke, but only in Yorkshire. New Amsterdam, as we shall see, had its government prescribed for it, by Nicholls and his council ; while, for ten years or more, the settlements on the Delaware and the upper Hudson rivers were governed solely by the instructions sent to the military commanders at those places. With the continuance of the English authority, and the influx of English office-holders, traders and settlers, the process of Anglici- zation advanced, gradually introducing one or another of the fea- tures of English political practice, but maintaining, too, part of the Dutch customs untouched. In New Amsterdam the government was changed from that of Dutch "burgomasters and schepens " to English " mayor and aldermen and sheriff;" on Long Island a code of laws, "the Duke's Laws," was drawn up by Nicholls, establish- ing many English customs in Yorkshire ; on the Delaware and Hudson rivers some English features were introduced ; and at last, after almost twenty years had passed, and much popular opposition to the Duke's government had arisen, the noble proprietor granted his colonists the privilege of electing delegates to a representative assembly. The subject thus naturally falls under two heads, the first dealing with the changes in local government, and the second with the adaptation of the English idea of political representation to the territories of the Duke of York. The present paper will discuss the first topic only, and attempt to point out the local governmental policy."* As New Amsterdam, now called New York, was the seat of government of the province, and the city officials were nearest of all ^N. Y. Colonial Laws, I. 55. 2 //'/</., 70, 88. ^ Yet the Duke of York maintained that the court was a satisfactory representative body. N. V. Col. Doc, III. 218. <No mention will be made of the institutions developing in the tract of land be- tween the Hudson and Delaware rivers — New Jersey — because under the government of its proprietors it was almost independent of New York. VOL. VI. — 46
Page:American Historical Review vol. 6.djvu/707
This page needs to be proofread.