Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/141

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CH. X.]
NEW-YORK.
101

tary.[1] Upon the revolution of 1688, the people of New-York immediately took side in favour of the Prince of Orange.[2] From this era they were deemed entitled to all the privileges of British subjects, inhabiting a dependent province of the state. No charter was subsequently granted to them by the crown; and therefore they derived no peculiar privileges from that source.[3]

§ 114. The government was henceforth administered by governors appointed by the crown. But no effort was made to conduct the administration without the aid of the representatives of the people in general assembly. On the contrary, as soon as the first royal governor arrived in 1691, an assembly was called, which passed a number of important acts. Among others was an act virtually declaring their right of representation, and their right to enjoy the liberties and privileges of Englishmen by Magna Charta.[4] It enacted, that the supreme legislative power shall for ever reside in a governor and council appointed by the crown, and the people by their representatives (chosen in the manner pointed out in the act) convened in general assembly. It further declared, that all lands should be held in free and common soccage according to the tenure of East Greenwich in England; that in all criminal cases there should be a trial by a jury; that estates of femes covert should be conveyed only by deed upon privy
  1. 1 Chalm. Annals, 584, 485; Smith's N. York, 127, [75]; 1 Holmes's Annals, 409. — In the year 1683 certain fundamental regulations were passed, by the legislature, which will be found in an Appendix to the second volume of the old edition of the New-York Laws.
  2. 1 Holmes's Annals, 429; Smith's New-York, 59.
  3. 1 Chalm. Annals, 585, 590, 591, 592.
  4. 1 Holmes's Annals, 435; Smith's New-York, 127, [75, 76]; Acts of 1691.