VOL. II. -C some of the duke's desires as well as some of the provisions of the Navigation Acts. He had been ordered to give the people no share in the government, yet local self-government in the city of New York and in all the towns of the province, and also the right of the city as such to representation in a probable assembly, seemed to be secured by the sixteenth and the twenty-first of the Articles, which said that : All inferior civil officers and magistrates shall continue as now they are (if they please) ill the customary time of new election, and then new ones to be chosen, by themselves, provided that such new chosen magistrates shall take the oath of allegiance to his Maj esty of England before they enter upon their office.
That the town of Manhatans shall choose deputies and the depu ties shall have free voices in all public affairs as much as any other deputies.
Again, the sixth and seventh Articles said, as in view of the Navigation Acts the Duke of York himself would not have been competent to say : It is consented to, that any people may freely come from the Netherlands and plant in this country, and that Dutch vessels may freely come hither, and any of the Dutch may freely return home, or send any sort of merchandise home in vessels of their own country.
All ships from the Netherlands, or any other place, and goods therein, shall be received here and sent hence after the manner which formerly they were before our coming hither for six months next ensuing.
Such inhabitants as desired to remain were to be 'free denizens' in full possession and control of their property, and were to receive certificates to this effect should they desire to travel or traffic in England `in obedience to his Majesty' or to trade with the Indians. No Dutchman or Dutch ship was upon any occasion to be pressed to `serve in war against any nation whatsoever.' Should it prove needful to quarter soldiers on the `townsmen of the Manhatoes' the burgomasters were to distribute them, and their officers were to pay for their keep. The 'liberty of their consciences in divine worship and church discipline' was promised to the Dutch, the enjoyment of their own customs `concerning their inheritances,' and the careful preservation of all public papers and legal documents. All public buildings were to continue `for the uses which they are for.' Any proved `public en gagement of debt' by the 'town of the Manhatoes' was to be satisfied in the `way proposed.' The validity of all judg ments previously passed in the courts was guaranteed, with a right of appeal to the States General in cases not yet satisfied. The property of the West India Company was secured to it or to the States General, barring lands and buildings within the forts; arms and ammunition the Company might remove or would be paid for. Persons owning houses in 'the fort of Aurania' (Orange) might 'slight the fortifications' and enjoy their houses as in places where there was no fort. And, as has been told, the Articles promised that the garri son of the fort on Manhattan should march out with the honors of war and that the country should be redelivered into the hands of the States General should they and the king of Great Britain so agree.
As a whole these highly favorable Articles of Surrender seemed to imply that England was merely taking possession of a country it had always owned; but in tacitly permitting the laws of the province to remain in force until expressly abrogated they implied that England had acquired the country by conquest. In after years this ambiguity made much work for the courts. Nor have all the points it left debatable yet been definitively settled. As historians still differ with regard to the validity of the title of the Dutch to New Netherland, so lawyers still argue, notably in real estate cases, whether or not the Roman-Mitch system of law ever rightfully prevailed on Manhattan.
To form his council, of course his first concern, Governor Nicolls selected Matthias Nicolls whom he appointed secre tary of the province, two military officers who had come with him from England, and two Englishmen from the eastern part of Long Island. When needful the former secre tary, Van Ruyven, and one of the schepens of the city were to give them aid. Matthias Nicolls was not of the governor's
family but had been called to his notice by Samuel Maverick as a person who had studied law and been ' bred a scholar.' It is sometimes said that he had been living in New Amster dam, but his name does not appear on its records. Probably he had come with the governor.
The Anglican form of worship was now for the first time employed on Manhattan, the Dutch domines permitting the chaplain of the English garrison to use the church in the fort on Sundays between the hours of their own services.
A few days after the surrender Nicolls despatched Sir Robert Carr with two of the king's ships to reduce the South River or Delaware region which, belonging to the city of Amsterdam, had not been included in the capitulation. An other of the royal commissioners, Cartwright, he sent to take possession of the North or Hudson River settlements. Here no one tried to stir up resistance except Johannes De Decker. As he had signed and had helped to draft the Articles of Surrender, Nicolls dealt leniently in banishing him from the province. Fort Orange and the village of Beverwyck were renamed Albany from the second title of the duke, an old title derived from a name for the Scottish Highlands which is thought to be identical with the Celtic Albion, once applied to the whole island of Britain. At Albany and at Wiltwyck Cartwright set garrisons commanded in the one case by Captain John Manning, in the other by Captain Daniel Brod head. Like some of his fellow-officers Brodhead had felt so sure of the success of the duke's expedition that he had brought his family with him. He was the ancestor of the historian of the province, John Romeyn Brodhead. Copies of the Articles of Surrender had been made for the North River as well as for the South River region, and Cartwright promised the people all that had been promised to New Amsterdam, left all civil officers undisturbed, and confirmed Jeremias Van Rensselaer in his authority over the patroon ship. With sachems of the Mohawks and the Senecas he concluded the first treaty in which the Iroquois appeared as allies of the English, promising them all that the Dutch had given them in the way of supplies and opportunities for traffic, and binding the new government not to assist their enemies the Indians of eastern New England.
As the strict naturalization laws of England did not apply to the colonies, the duke's patent, authorizing him to rule all the king's subjects within his dominions, permitted the inclusion of aliens who would take the oath of allegiance. Therefore, as soon as all the territories of the West India Company were secured, on October 13 according to the English Old Style calendar, Nicolls directed the burgo masters to summon the other magistrates and 'some of the principal inhabitants' to meet him at the City Hall on the following day when he would himself administer the oath. On the 14th he appeared with his secretary, say the minutes of the burgomasters' court, and asked where were General Stuyvesant, Secretary Van Ruyven, and the preachers. The reply was that no one knew they should be present. They should be sent for, said the governor, and `being invited they immediately came.' The oath pledged allegiance as a true subject to the king of Great Britain, and obedience to the Duke of York, such officials as he might appoint, 'and none other whilst I live in any of his Majesty's territories.' When it had been read ' divers debates occurred' and then `all the meeting roundly declared' that they could not take such an oath unless Mr. Nicolls would be pleased to add to it `Conformable to the Articles concluded on the Surrender of this place.' It was feared that otherwise the oath might `nullify or render void the Articles.' A few days later, when the burgomasters visited the governor on business and the matter was discussed, Nicolls mentioned the fact that 'the commonalty were greatly distracted by some.' The burgo masters again declaring that they could not take the oath