Page:American Historical Review vol. 6.djvu/715

Transitioji from Dutch to English Rule 705 alterations, indeed, which changed the essential features of the New England democratic system ; and changed materially the govern- ment of the English towns on Long Island, at the same time that they gave new laws to the Dutch towns.' If the Laws be grouped together according to subject-matter instead of the alphabetical arrangement, they will be found to contain a civil and criminal code, elaborate provisions concern- ing local government, and a general provincial organization of the courts and the militia. In all of these features there are nu- merous changes from the New England customs ; and in order to appreciate the force of the Dutch influence and of the political ideas of Nicholls, a short comparison of the three codes will be made. The changes which Nicholls introduced fall into three classes ; first, the omission of New England features ; second, the introduction of Dutch customs ; and third, the insertion of wholly new provisions. Turning our attention to the New England features which were omitted from the Duke's Laws, the most noticeable one is the absence of any general provincial legislative assembly, in which the people are represented. Nicholls had promised privileges to the people at least as great as those of the New England colonies ; but now, although the towns demanded that taxation and representation should be united," Nicholls made no provision whatever for an as- sembly. As the Laws are altogether silent upon the subject of general legislation, that power remained vested in the Duke's governor and his council, almost as fully as it had previously resided in the West India Company's director and council.' The governor chose, in- deed, to associate with himself in legislation the members of the court of assizes, but this did not answer the popular appeal for an ' The comparison which follows is based upon the New Haven printed code of 1656, the Massachusetts printed code of 1660, and the two copies of the Duke's Laws, known as the Easthampton and Roslyn copies. New Haven's laws were published in London, 1656, entitled, New-Haven's Settling in New-England. And some Lawcs for Govern- ment: Published for the Use of that Colony; and have been reprinted in Niv Haven Colonial Records, 16^3-166^, p. 57 1 ff. The Massachusetts code, printed at Cambridge, 1660, is entitled, The Book of the General Lawes and Libettyes Concerning the In- habitants of the Massachusets. . . . The best edition of the Duke's Laws is that in Volume L of the Colonial Laws of Neva York, which gives the Easthampton and Roslyn variations ; they may also be found in A^ew York Historical Society Collections, L 307, and in Laws of the Province of Pennsylvania, 1682-1700. 2 Instructions to Southold deputies to the Hempstead meeting, given February 22, i66|. They are directed to ask " That there be not any Ratte, Levy or Charge, or money raised but what shall be with the consent of the major part of the deputyes in a General Court or mettinge." Southold Town Records, I. 358-359. ' See the demand of the town of Easthampton for an assembly, and the efforts to obtain concerted action on the part of the eastern towns of Long Island, Easthampton Town Recoids, I. 241.