Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
Another incident of Leisler’s brief administration was of greater
importance and farther-reaching consequences than his proscription
of persons differing from his religious opinions. It will be
remembered[471] that a general assembly of the province had been
elected in 1683, holding two sessions that year and another in 1684;
also that it had been dissolved in 1687, pursuant to the instructions
of King James II. to Sir Edmond Andros, directing him “to observe
in the passing of lawes that the Stile of enacting the same by the
Governor and Council be henceforth used and no other.” The laws enacted
by the first assembly, and not repealed by the king, remained in force,
and the government was carried on with the revenues derived from the
excise on beer, wine, and liquors, from the customs duties on exported
and imported goods, and from tax levies; but the people had no voice
in the ordering of this revenue, as they had had none during the Dutch
period and before 1683. Leisler and his party, however, firmly believed
in the Aryan principle of “no taxation without representation,” and
when a necessity for money arose out of the French invasion and the
subsequent plan to reduce Canada, Leisler issued writs of election for
a general assembly, which in the first session, in April, 1690, enacted
a law for raising money by a general tax. Adjourned to the following
autumn, it again ordered another tax levy, and passed an act obliging
persons to serve in civil or military office.
In calling together this general assembly, notwithstanding the repeal
by James II. of the Charter of Liberties of 1683, Leisler assumed for
the colony of New York a right which the laws and customs of Great
Britain did not concede to her as a “conquered or crown” province.
The terms on which New York had been surrendered to the English,
both in 1664 and in 1674, ignored a participation by the people in
the administration of the government, and the king in council could
therefore, without infringing upon any law of England or breaking any
treaty stipulation, deal with the conquered province as he pleased;
while all the other colonies in America were “settled or discovered”
countries, which, because taken possession of as unoccupied lands or
under special charters and settled by English subjects, had thereby
inherited the common law of England and all the rights and liberties
of Englishmen, subject only to certain conditions imposed by their
respective charters, as against the prerogatives of the crown. The
action of Leisler showed to the English ministry the injustice with
which New York had been treated so long, and the instructions given
to Governor Sloughter in November, 1690, directed him “to summon and
call general Assemblies of the Inhabitants, being Freeholders within
your Government, according to the usage of our other Plantations
in America.” This general assembly was to be the popular branch of
the government, while the council, appointed by the king upon the
Public-domain text, read in full here on John Shaqi.
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