Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/140

 100 to those of England were allowed; and taxes were to be levied by authority of a general assembly. The peace of Breda, in 1667, confirmed the title in the conquerors by the rule of uti possidetis. In the succeeding Dutch war the colony was reconquered; but it was restored to the Duke of York upon the succeeding peace of 1674.

§ 113. As the validity of the original grant to the Duke of York, while the Dutch were in quiet possession of the country, was deemed questionable, he thought it prudent to ask, and he accordingly obtained, a new grant from the crown in June, 1674. It confirmed the former grant, and empowered him to govern the inhabitants by such ordinances, as he or his assigns should establish. It authorized him to administer justice according to the laws of England, allowing an appeal to the king in council. It prohibited trade thither without his permission; and allowed the colonists to import merchandize upon paying customs according to the laws of the realm. Under this charter he ruled the province until his accession to the throne. No general assembly was called for several years; and the people having become clamorous for the privileges enjoyed by other colonists, the governor was, in 1682, authorized to call an assembly, which was empowered to make laws for the general regulation of the state, which, however, were of no force without the ratification of the