Page:American Historical Review vol. 6.djvu/728

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718
A. E. McKinley

perhaps made possible the definite establishment of the Laws. After particular features of the Laws had been adopted from time to time, the governor and council finally decided, on June 12, 1673, to enforce all the Laws:

"The Petition from severall of the Inhabitants at Esopus being taken into Consideration, wherein they desire to have the Privilege and Benefitt of Enjoymenᵗ of the English Lawes Establisht by his Royall Highnesse and in practice almost throughout all his Territoryes. It is Ordered, that the said Lawes shall bee settled and practized in the Three Townes of Esopus as in other Places, for the wᶜʰ they shall receive particular Instructions. In the meantime the Inhabitᵗˢ of Marbleton and Hurley have Liberty to make choice in each Towne by a double vote of a Constable and Overseers and return their Names unto the Governour, who will out of them pitch upon the Persons to bee confirmed in that Employment for the ensueing years."[1]

It is to be noted that the governor again introduced here the system of double nomination, and in a manner which was not provided for in the Laws.[2] The contemplated extension of the Laws was interfered with by the re-occupation of the country by the Dutch, but upon the return to the English, Andros was instructed by the Duke to put in force the Laws, except such as he thought inconvenient.[3] Accordingly, a few days after his arrival at New York, Andros, by proclamation, declared the Laws in force and directed "All Magistrates and Civill Officers belonging thereunto to be chosen and establisht accordingly."[4] From this time, there are no further references to double nominations, and it is believed that the provisions of the Laws were literally carried out.

At about the same time that the demand for the surrender of the Hudson settlements was made, Sir Robert Carre was sent to the Delaware territories to receive their submission. Under him the only blood was shed which accompanied the change from Dutch to English authority; but at last, on October 1, 1664, six Dutchmen, for themselves and the other inhabitants on the river, signed articles of capitulation, which corresponded in the main to those already given in New York City and the upper Hudson River

  1. N. Y. Col. Doc., XIII. 471.
  2. The combination of the town government of the Duke's Laws with the double-nomination system of the Dutch, is to be seen also in Harlem. Nicholls granted a qualified town charter to Harlem in 1666, and followed it by a broader grant in 1667. By the charter of 1666, Harlem was granted the "privileges of a Town," but not with the full measure of local government permitted to the towns on Long Island; for the constable and overseers were not selected directly by the people, but by the authorities from a double popular nomination. In other respects the town had the privileges of the Long Island towns. See Riker, History of Harlem, 239-255.
  3. N. Y. Col. Doc., III. 226.
  4. Ibid., 227.