in virtue of conquest by them. When Dongan reached New York, Penn and his two agents, William Haige and James Graham were already in Albany, negotiating with the natives The Governor on Sep

tember 6th proceeded to Albany and ordered an examination into the matter. He received a report stating that a settlement on the Susquehanna would be much nearer to the Indians

DONGAN'S NEW YORK HOUSE.

than Albany, and hence any such purchase by Penn would be "prejudicial to his Royal Highness's Government." Dongan promptly ordered a stop put to all "proceedings in Mr. Penn's affairs with the Indians until his bounds and limits be adjusted." The Albany magistrates wrote on September 24th, as their opinion, that "there hath not anything ever been moved or agitated,

from the first settling of these parts, more prejudicial to his Royal Highness's interest and the inhabitants of this government, than this business of the Susquehanna River. The French, it is true, have endeavored to take away our trade by piece meals, but this will cut it off at once."

In the mean time Penn accepted an invitation to visit Dongan in New York, and was elaborately enter

tained for several days, but left owing to a dispute with Lord Baltimore concerning the southern boundary of Pennsylvania, which compelled his presence in Philadelphia. Later, when Penn's agents endeavored to secure the purchase of these lands, the Indians refused, saying that the land "cannot be sold without Corlaer's order, for we transferred it to this government four years ago." Subsequently (October 3rd), the Mohawks visited Fort James and agreed to give the Susquehanna River to New York. In announcing this to Penn, Dongan wrote, "about which you and I shall not fall out; I desire we may joine heartily together to advance the interest of my master and your good friend."

A year later, Penn requested Dongan's intervention towards the settlement of the Maryland boundary dispute, and the favor was promptly accorded; but when his agents asked to be allowed to treat with the In

dians for the Susquehanna lands, Dongan quickly replied, "that they of Albany have suspicion it is only to get away their trade, and that Mr. Penn hath land already more than he can people these many years. In this opinion he was upheld by the duke's secretary, Sir John Werden, who on August 27, 1684, wrote him: "Touching Susquehanna River, or lands about it, or trade in it, which the Indians convey to you or invite you to, we think you will doe well to preserve your interest there as much as possible, that soe nothing more may goe away to Mr. Penn, or either New Jerseys. For it is apparent they are apt to stretch their privileges, as well as the people of New England have been." The wily quaker never forgave Dongan for not yielding to him. In after years, when the Duke of York had become James II., and Penn returned to court, he showed his ill-feeling against Dongan by his successful efforts in prejudicing the king against him.

Among Dongan's instructions was. an order calling for the election of a "General Assembly of all the Freeholders by the persons whom they shall choose to represent them," in order to consult with the Governor and Council "what laws are fit and necessary to be made and established for the good weal and government of the said Colony and its dependencies and all the inhabitants thereof." This Assembly, which was not to ex

ceed eighteen members, was to meet in the city of New York.

Accordingly the freeholders of New York, Long Island, Esopus, Albany and Martha's Vineyard were notified on September 13, 1683, to choose représentatives to appear for them at a General Assembly to be held in New York on October 17th.

The elections were held according to the code laid down by Dongan and his Council, and a majority of the Assemblymen chosen were of the "Dutch Nation." The Assembly met on October 17th, and on that date, which is referred to by Brodhead as "a memorable day in the history of New York," seventeen delegates, representatives of the freeholds of the colony of New York, gathered in Fort James. Matthias Nicolls, one of the representatives from New York City, was chosen Speaker, and John Spragg was made Clerk. The journals of this Assembly are not known to exist, but from other sources it appears to have remained in session during three weeks.

The most important of the new laws was "The Charter of Liberties and Privileges, granted by his Royal Highnesse to the Inhabitants of New Yorke and its dependencies." It declared that the charter was "For the better establishing of the government of this Province of New York, and that Justice and Right may be equally done to all persons within the same, by the Governour, Councell,

It

and Representatives, now in General Assembly met." Also "That the Supreme Legislative authority under his Majesty and Royal Highness James, Duke of York, Albany, etc., Lord Proprietor of the said Province, shall forever be and reside in a Governour, Councell, and the people, mett in a General Assembly." then ordered "that according to the usage, custome and practice of the Realm of England a session of a General Assembly be held in this Province, once in three years at least." It further declared that "every freeholder within this province, and freeman in any corporation, shall have his free choice and vote in the electing of the Representatives without any manner of constraint or imposition, and that in all elections the majority of voices shall carry it."

According to other sections representatives were appointed among the several counties; the usual privileges of Parliament were conferred on the members of the Assembly; and the most liberal provisions of English law were declared to extend to the inhabitants of New York. Entire freedom of conscience and religion was guaranteed to all peaceable persons "which profess faith in God by Jesus Christ."

This Charter of Liberties and Privileges was signed by the Governor and solemnly proclaimed on October 31, 1683, at the City Hall before the assembled multitude, to the sound of trumpets, "in the presence of his

lowed by English law to subjects within the realm of England. True ideas of popular government were now more distinctly announced in the ancient Dutch province by its own freely chosen assembly-of which a majority were 'of the Dutch nation than in any Northern colony of British America. In none of the charter governments of New England were 'the people' recognized as having legislative authority. The first law made by the representatives of Dutch-English New York or, dained that 'The People met in a General Assembly' were to share in its colonial legislation. These memorable words, 'The People,' were so democratic that the English king at Whitehall soon afterwards objected to them, as being 'not used in any other constitution in America.'"

The charter was promptly signed by Dongan, and on December 4th Mark Talbot was sent to England with it and the other laws passed by the Assembly for the Duke's approval and signature. Some time seems to have elapsed before James was able to give it his full attention. Finally, on October 4, 1684, the duke signed and sealed the " Charter of Franchises and Priviledges to New Yorke in America." The instrument was ordered to be registered and taken to New York, but this was not done. Subsequently, in March, 1685, when the Duke was King of England, the charter was discussed at a meeting of the Plantation Com

mittee, at which James presided and, finding the charter too liberal, conIcluded that he did "not think fit to confirm" it. Meanwhile, however, the law had gone into force, and continued so, until after the adjournment of the Assembly that met under its provisions in September, 1685.

In 1664 the authorities of Connecticut and New York met and agreed that the boundary-line of Connecticut should not come within twenty miles of the Hudson River, but the Duke of York had failed to ratify this arrangement, and especially instructed Dongan, as soon as he could, to settle the boundaries of the "territories toward Connecticut." The Governor was not delayed in this matter, for almost immediately after the passage of the Charter of Liberties, Connecticut set up a claim that the towns of Rye, Greenwich, and Stamford "indubitably " belonged to her, to which Dongan replied: "The Kings' Commissioners, being strangers, and relying upon your people, were assured by them that the river Mamaroneck was twenty miles, everywhere from Hudson's River, as we have very creditable witnesses can testify, and that it was Colonel Nicolls his intentions. Notwithstanding all that, you pretend to within sixteen or seventeen miles of this town, and, for ought we know, to Esopus and. Albany also; which is argument sufficient it was done of Colonel Nicolls his intention. If you do not submit to let us have all the land within

twenty miles of Hudson's River, I must claim as far as the Duke's Patent goes, which is to the River Connecticut... Since you are pleased to do me the honor to see me, pray come with full power to treat with me; and I do assure you, whatsoever is concluded betwixt us shall be confirmed by the King and his Royal Highness, which the other agreements I hear are not. If you like not of it, pray take it not ill that I proceed in a way that will bring all your patent in question."

The emphatic declarations of Dongan proved effective, and Connecticut much preferred to arbitrate the question rather than to submit her patent to the Duke of York. A conference was held in New York during the latter part of November, to which Connecticut sent as her representatives Robert Treat, Nathan Gold, John Allyn, and William Pitkin, while New York was represented by the Governor, Anthony Brockholls, Frederick Philipse, Stephanus Van Cortlandt, and John Younge. It was then agreed that the boundary line between the two provinces should be removed several miles east of Mamaroneck to Byram River, between Rye and Greenwich, and that this new line should be properly surveyed the next October. Accordingly, in October, 1684, joint commissioners from the two colonies met in Stamford and proceeded to the Byram River. There they surveyed the proper courses, of which they made a map and a report.

These having been approved by the Council of New York, Dongan met Governor Treat on February 23, 1685, in Milford, and together they signed. a ratification which was ordered to be recorded in both colonies, and which was confirmed in England fifteen years later. This boundary-line still remains in force.

In the meanwhile, however, the commissioners from Connecticut informed the magistrates of Rye that they could not help giving up that town, but that "Dongan was a noble gentleman and would do for others' welfare whatever they should desire in a regular manner." Dongan's opinion was perhaps a trifle less favorable, for he wrote to the Duke of York that "Connecticut was always grasping, tenacious, and prosperous at her neighbors' expense, of evil influence over the New York towns of Long Island, whose refractory people would carry their oil to Boston and their whalebone to Perth, rather than to their own capital."

Numerous ordinances for the better government of the city were adopted. Those concerning the religious observance of the Sabbath are interesting. "No youthes, maydes, or other persons may meete together on the Lord's Day for sporte or play, under a fine of one shilling." No publichouses were permitted to keep open doors or give entertainment on Sunday, except to strangers, under a fine of ten shillings. Children were not allowed to play in the streets on the