and now assumed the reins of government Governor DeLancy had a difficult task to perform; but the skill with which he conciliated the two parties did honor to his ability as a statesman.

In September, 1755, Sir Charles Hardy, an admiral in the British navy, arrived in New York as its Governor; but being unacquainted with civil affairs he gave the management of these to Mr. DeLancy. The latter died suddenly in July, 1760, and Dr. Cadwallader Colden, President of the Council, was appointed Lieutenant-Governor. In October of the same year, General Robert Monckton arrived, with a Governor's commission; but left on the 15th of the ensuing month, to command an expedition against Martinique, and the government again devolved upon Dr. Colden. It was during his administration that the difficulties between New Hampshire and New York commenced, relative to the territory now known as the State of Vermont. Sir Henry Moore arrived in this country in July, 1765, and acted as Governor until 1769, when he died. His course, during the period in which he had served, had been prudent, mild and dignified. His death was much lamented.

Governor Dunmore assumed the Government in November, 1770; but his administration continued only a few months and was marked by no important event. Having been appointed Governor of Virginia, Governor Dunmore was succeeded by Governor Tryon on July 8th, 1771. In 1772, the New Hampshire grants became a renewed source of serious disquietude to the colony; and various other questions which led up to the Revolution were now agitating the minds of the people. Governor Tryon sailed for England in April, 1774, and returned in June, 1775. His administration was the last one under the colonial government of New York.

CHAPTER X.

ESTABLISHMENT OF THE COURTS.

INDER the original Dutch settlers, the government of New Netherlands was committed to the Director and his Council, of which at first there were five members. This body possessed supreme executive and legislative authority throughout the colony. It had full power, too, to try all criminal cases, and all the prosecutions before it were conducted by a "Schout Fiscaal," whose services were similar to those of a sheriff and prosecuting attorney at the present time.

The "Schout Fiscaal" had power to arrest all persons; but not without a complaint made previously to him, unless he detected an offender committing a crime. It was also his duty to examine into the merits of each and every case within his jurisdiction, and to lay them before the court, without fear or favor to either party. He was obliged to report to the Directors in Holland the nature of every case prosecuted by him, as well as the judgment obtained. It also devolved upon him to examine the papers of all vessels arriving or departing; to superintend the lading and

discharging of cargoes, and to prevent smuggling. It was his right to attend the meetings of the Council, and give his his opinion when asked; but he could not vote on any question.

KING WILLIAM III.

Some of the patroons claimed to be measurably independent of the Director and his Council, and they organized courts and appointed magistrates for their own territories. Notable in this particular were the patroons of Staten Island and Rensselaerwyck; but they were constantly at variance with the authorities of New Amsterdam. There was a court of appeal, however, for those who felt themselves aggrieved by the judgment of the Director and his council. They had a chartered right to appeal to the XIX at home-that is, the West India Company. But the directors of the New Netherlands were generally despotic, during their brief terms of authority, and if any one manifested an intention to appeal, he was instantly charged with a contempt with the supreme power in the

colony and most severely punished, unless he managed to keep out of the Director's reach until his case had been heard and decided in Holland. A notable instance of this was that of Melyn, the patroon of Staten Island, who appears to have been a thorn in the sides of both Kieft and Stuyvesant.

Religion was regulated by law at that period. It may be a milder way to put it to say that it was recognized by the government of the province according to the established rules of the Reformed Dutch Church, or the Church of Holland. Other sects were regarded with a certain degree of suspicion; but were tolerated so long as they did not interfere with the rights and privileges of others.

When Governor Stuyvesant was compelled to surrender the country to the English, he carefully stipulated for the preservation and continuance of all the political and religious rights and privileges of the people of the province as then enjoyed, allegiance alone excepted, which was conceded by Colonel Nicolls as representative of his government. After the conquest, however, this stipulation was generally held inviolate; but the civil institutions of the country were modified to make them accord with English ideas of government. There are records of instances of persecution for opinion's sake on religious subjects under Dutch rule; but all such matters were instantly rectified when brought to the notice of the government in Holland. The English government also continued this practice.

A political division was formed, in which Staten Island, Long Island and Westchester were united, and called Yorkshire. This was sub-divided into three parts, called "Ridings," and were respectively known as East, West and North ridings. The West riding was composed of Staten Island, together with the towns now of Kings County and Newtown, on Long Island. The term "Riding" is a corruption of the word "Trithing," the name of a division of Yorkshire in England, after which the American "Yorkshire" must have been fashioned. These ridings were established chiefly for the accommodation of the courts and convenience in apportioning taxes.

It was arranged under the Duke's government so that each township had a justice of the peace, who was appointed by the Governor; and at first eight, but afterward four overseers and a constable, who were elected by the people. There were three officers who were charged with the duty of assessing taxes, holding town courts, and regulating such matters of minor importance as were not otherwise provided for by the laws or orders of the Governor. The jurisdiction of the town court was limited to cases not exceeding five pounds in value.

In each riding, a court of sessions was established, composed of the justices of the peace. This court was held twice in each year, and was empowered to decide all criminal cases, as well as all civil ones where the amount of difference exceeded five pounds. Judgments were ren

dered in this court for sums under twenty pounds, and were final; but in cases exceeding that amount an appeal to the court of assize was allowed. In criminal cases, in which capital punishment was involved, there was required the unanimous concurrence of twelve jurors; all other cases were decided by the majority of seven jurors. The high sheriff, members of the council, and the secretary of the colony were authorized to sit with the justices in this court.

The court of assize was held but once a year, in the City of New York, and it was composed of the Governor, his council, and an indefinite number of the justices. Appeals from the inferior courts were entertained by it, and it had original jurisdiction in cases where the demand exceeded twenty pounds. The Governor appointed the high sheriff for the "shire," and a deputy sheriff for each riding. This court was the nominal head of the government-legislative as well as judicial. This court grew to be looked upon as in reality the governor's "cloak," under the cover of which he issued whatever regulations his judgment or fancy dictated. Indeed, all its members held their positions at his pleasure, and they were virtually obliged to sanction his views and endorse his opinions. Very many of the laws, amendments and orders enacted through the name of this court were exceedingly arbitrary, obnoxious and oppressive to the people. Petitions for redress of grievances had but little effect with this court.

The early governors under English rule imposed duties on imported and exported goods, disposed of the public lands, and levied taxes on the people, for the support of the government. They had control also of the finances of the colony, in common with every other department; and it is believed that this power over the treasury was often used for their own individual benefit.

In orders made at the general court of assize, from the 6th to the 13th of October, 1675, the following appears:

“That by reason of the Separacon by water, Staten Island shall have Jurisdiction of it Self and to have noe further dependance on the Courts of Long Island nor on their Militia."

From this time forward Staten Island has been an independent judicial district, and the first record, which very soon after began to be kept, is still in existence at the County Clerk's office at Richmond. It is a small, square volume, bound in vellum, and besides many quaint records of " sewts," contains the descriptions of the ear-marks of domestic animals, in order that the ownership might be distinguished, as the animals were allowed to run at large through the woods and on unappropriated lands of the Island. Among the very earliest Court records are the following: "Jacob Jeyoung (Guyon) Ptf

"Isaac See (?) Deft

In A Action of the Caus

At A Court held on Staten Island

by the Constable and oversears of the seam on this present Munday

Being the 7 day of febraery 1680 wharas the caus depending Between the Ptf and the deft hath Bin heard the Court ordereth deft to Cleer his flax forthwith and his Corn out of the Barn within ten days from the deat hearof and to clear up his other A Counts at the next Court. "At A Court held on Staton Island By the Constabl and oversears of the Seam on this presont Munday Being the 5 day of September 1680 Sarah Whittman Ptf William Britton Deft. in A Action of the Case to the valew of £4. 10. 6d. The Caus depending Betwixt the Ptf and Deft hath Bin heard and for want of farther proof the Caus is Referred till the next Court.

"Sarah Whittman Ptf

"William Briten Deft.

"At A Court held on Staton Island by the Constabll and oversears of the seam on this present Munday Being the 3 day of october 1680 the Court ordereth that the Deft shall seat up and geett forty panell of soefisiont fence for the yous of Sarah Whitman at or Be foor the first of november next in sewing with Cost of sewt."

The regulation of the sale of intoxicating liquors received the early attention of the Court, and the following rates were established throughout the province, which "tapsters" were allowed to charge: French wines, 1s. 3d. per quart; Fayal wines and St. George's, 1s. 6d.; Madeira wines and Portaport, 1s. 10d.; Canaryes and Malaga, 2s. per quart; brandy, 6d. per gill; rum, 3d. per gill; syder, 4d. per quart; double beere, 3d. per quart; meals at wine-houses, 1s.; at beere-houses, 8d.; lodgings at wine-houses, 4d. per night; at beere-houses, 3d.

At the time of the arrival of Governor Thomas Dongan, John Palmer, a gentleman, and by profession a lawyer, resided in New York city. At the time of the separation of Staten Island from the Long Island towns, Palmer was appointed "ranger" for Staten Island. In 1683 he lived on the Island, and was appointed by Governor Dongan one of the two first judges of the New York Court of Oyer and Terminer. He was also a member of the Governor's Council.1

The Courts were first held in various parts of the Island, wherever convenience indicated. It is not definitely known at what time they were first held at Stony Brook, as a regular place for them. We find the custom, however, prevailing during the early years of the eighteenth century; and in consequence of the County Jail being removed to "Cuckoldstowne," the early name for Richmond, "ye Courts were held at ye Cuckoldstowne Inn." There are several records in existence of Court held at Stony Brook.

The earliest mention of the Court of sessions being held in Richmond, is dated September 2, 1729. Previous to the erection of a Court

1 Thomas Lovelace, whose official signature is appended to so many of the old documents connected with the conveyance of property on Staten Island, and otherwise, and who at one time was sheriff of the county, was a brother

to the governor, and a member of his council. There was also another brother, named Dudley, likewise a member of the council.-Preston's History of Richmond County.