CHAPTER XII

NEW  YORK  AND  ALB.'VNY  ONLY   CITIES   MENTIONED  IN   CONSTITU¬
TION  OF  1777----FREEDOM  OF THE CITY----CITIES OF THE STATE

FEW  IN  NUMBER IN   1846----HOME RULE INSTINCT -\S OLD AS

CIVILIZATION----EARLY AMERICAN CITIES LIKE ENGLISH PROTO¬
TYPES—NEW   YORK   CITY   CHARTERS,   DUTCH   AND   ENGLISH—■

DONGAN CHARTER----CITY CHARTER OF 183O AND ITS DEFECTS----

CHARTER OF 1849----LEGISLATIVE USURPATION OF CITY GOVERN¬
MENT   IN    1857,    REASON    THEREFOR,    AND    RESULTS----TWEED

CHARTER    OF     187O----CHARTER    OF    1873----ATTENTION    FIRST

FOCUSSED ON  CITY  MAL-ADMINISTRATION  AFTER CIVIL  WAR----

TREATMENT OF CITY PROBLEMS BY CONVENTION OF I867, AND
COMMISSION  OF  1872.

The only cities mentioned in the constitution of 1777 are
New York City and Albany, and this reference was necessary to
prevent a denial to freemen of either city of the right to vote for
assemblymen. During the colonial period, all but the freemen of
a borough or city were usually excluded from the practice of any
art, trade or occupation within its limits; in New York City and
Albany, freemen alone were allowed to be merchants, traders or
shop-keepers, and equally with property holders freemen were
voters, and were qualified to hold corporate office. When the
convention of 1821 sat, cities were few in number, and such as
then existed enjoyed special charters. In the convention of 1846
the subject of municipal government received scant attention; the
meager outcome of its brief discussion in the final days of its ses¬
sions was embodied in the provision (Sec. i. Art. VIII) that cor-
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