i

got. trton’s report on the PROVINCE OF NEW-YORK. 511

Answer.

the Grants of this Province and other Territories to the Duke of York in 1663J4 and 1674, theSThf 111 ' 0 " P 0 ^ of Government were vested in him, and were accordingly exercised by his Govern-Oovernmem. ors until he ascended the Throne when his Eights as Proprietor merged in his Crown,and the Province ceased to be a charter Governm 4From that time it has been a Royal Government, and in its Constitution nearly resembles that ofGreat Britain and the other Royal Governments in America . The Governor is appointed by theKing during his Royal Will and pleasure by Letters Pattent under the Great Seal of Great Britainwith very ample Powers. He has a Council in Imitation of His Majesty’s Privy Council. —ThisBoard when full consists of Twelve Members who are also appointed by the Crown during Will &Pleasure' any three of whom make a Quorum.—The Province enjoys a Legislative Body, whicliconsists of the Governor as the King’s Representative; the Council in the place of the House ofLords, and the Representatives of the People, who are chosen as in England: Of these the City ofNew York sends four.—All the other Counties (except the New Counties of Charlotte & Gloucesteras yet not represented) send Two.—The Borough of Westchester, the Township of Schenectady andthe three Manors of Rensselaerwyck, Livingston and Cortlandt each send one; in the whole form-ing a Body of Thirty one Representatives. '•

The Governor by his Commission is authorized to convene them with the advice of the Council,and adjourn, prorogue or dissolve the General Assembly as he shall judge necessary.

This Body has not power to make any Laws repugnant to the Laws and Statutes of Great Britain.All Laws proposed to be made by this Provincial Legislature, pass thro’ each of the Hougesj ofCouncil and Assembly, as Bills do thro’ the House of Commons and House of Lords in England, andthe Governor has a Negative voice in the making and passing of all such Laws. Every Law sopassed is to be transmitted to His Majesty under the Great Seal of the Province, within Three monthsor sooner after the making thereof and a Duplicate by the next conveyance, in order to be approvedor disallowed by his Majesty; And if His Majesty shall disallow any such Law and the same is sig-nified to the Governor under the Royal Sign Manual or by Order of his Majesty’s Privy Council ,from thenceforth such law becomes utterly void.—A law of the Province has limited the durationof the Assembly to seven years.

The Common Law of England is considered as the Fundamental law of the Province and it is thereceived Doctrine that all the Statutes (not Local in their Nature, and which can be fitly applied tothe circumstances of the Colony) enacted before the- Province had a Legislature, are bindingupon the Colony, but that Statutes passed since do not affect the Colony, unless by being speciallynamed, such appeal’s to be the Intentions ol the British Legislature.

The Province has a Court of Chancery in which the Governor or Commander in chief sits asChancellor and the Practice of the Court of Chancery in England is pursued as closely as possible.

The officers of this Court consist of a Master of the Rolls newly created Two Masters. TwoClerks in Court.—A Register.—An Examiner, and a Serjeant at Arms.

Of the Courts of Common Law the Chief is called the Supreme Court . The Judges of whichbave all the powers of the King’s Bench, Common Pleas and Exchequer in England. This Courtsits once every three months at the City of New York , and the practice therein is modelled uponthat of the King’s Bench at Westminster.—Tho’ the judges have the powers of the Court of Ex-chequer they never proceed upon the Equity side. The Court has no Officers but one Clerk, and isnot organized nor supplied with any officers in that Department of the Exchequer, which in Eng-land has the care of the revenue.—The judges of the Supreme Court hold their offices during theKing’s Will and Pleasure and are Judges of Nisi prius of Course by act of Assembly, & AnnuallyPerform a Circuit through the Counties.—The Decisions of this Court in General are final unless