Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 18

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 18

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HISTORY OF THE COUNTY OF ALBANY.

On the Ist of October, 1630, a copartnership was entered into between Kilian Van Rensselaer, Samuel Godyn, Johannis de Laet and Samuel Bloemaert, with whom were associated Adam Bissels and Toussaint Moussart, who, by the terms of the contract, were constituted co-directors of Rensselaerwyck. The common stock of this asso- ciation was divided into five shares, of which Van Rensselaer held two ; De Laet, one; Godyn, one ; and Bloemaert and his associates, one. The man- agement of the affairs of the "colonie" was com- mitted to a board consisting of four persons or votes, of which Van Rensselaer represented or held two ; Bloemaert, or Bissels, one ; and De Laet, or Moussart, one. Van Rensselaer was, however, not to have any rank or authority in the " colonie" superior to his associates, except the title of Pa- troon, which, with all its feudal honors, was vested in him alone, the partners binding themselves to do fealty and homage for the fief on his demise, in the name and on the behalf of his son and heirs.

Preparations were also made to expedite farmers and cattle to Rensselaerwyck ; and everywhere, at home and abroad, things wore the aspect of pros- perity.

The condition of the Dutch settlements on the North River, at this time, is thus alluded to by a contemporary English writer : "This which they have settled in New England, upon Hudson's River, with no extraordinary charge or multitude of people, is knowne to subsist in a comfortable manner, and to promise fairlie both to the State and undertakers. The cause is evident. The men whom they carrie, though they be not many, are well chosen and known to be useful and ser- viceable, and they second them with seasonable and fit supplies, cherishing them as carefully as their owne families, and employ them in profitable labors, that are known to be of speciall use to their comfortable subsisting." So said The Planters' Plea, London, 1630.

The inhabitants of Rensselaerwyck in 1640, who numbered at the time as many traders as in- dividuals, noting the avidity with which the Mo- hawks sought after fire-arms, willingly paying the English twenty beavers for a musket, and from ten to twelve guilders for a pound of gunpowder, were desirous to share so profitable a trade. They commenced, accordingly, to furnish fire- arms to these Indians. The profits which accrued became soon known, and traders from Holland introduced large quantities of guns and other muni- tions of war into the interior.

The Mohawks, thus provided with arms for four

hundred warriors, swept the country from Canada to the sea-coast levying tribute on the surrounding terror-stricken tribes.

The Patroon's Charter of 1629 having provided that every "colonie" should contain, within four years after its establishment, at least fifty persons over fifteen years of age, one-fourth of whom should be located within the first year, the parties interested in the settlement of Rensselaerwyck lost no time in complying

with these conditions. Early in the spring of the following year, 1630, a number of colonists, with their families, provided with farming imple- ments, stock and all other necessaries, sailed from the Texel, in the company's ship, the Endracht, Capt. Jan Brouwer, commander, and arrived in safety at the Manhattans, after a passage of sixty- four days. In a short time afterward they landed at Fort Orange, in the vicinity of which they were furnished with comfortable farm houses and other dwellings at the expense of the patroon and his associates. Other settlers followed, with addi- tional stock, each succeeding season, and thus were laid the foundations of those wealthy and prosper- ous settlements which we now behold in and around the present City of Albany.

Invested, as well by the Roman law as by the Charter, with the chief command and lower juris- diction, the patroon became empowered to ad- minister civil and criminal justice, in person or by deputy, within his "colonie ;" to appoint local of- ficers and magistrates ; to erect courts and to take cognizance of all crimes committed within his limits ; to keep a gallows, if such were required, for the execution of malefactors, subject, however, to the restriction that if such gallows happened, by any accident, to fall, pending an execution, a new one could not be erected, unless for the pur- pose of hanging another criminal. The right to inflict punishments of minor severity was necessa- rily included in that which authorized capital con- victions. Accordingly, we find various instances, throughout the record of the local court, of per- sons who had, by breaking the law, rendered them- selves dangerous to society, or obnoxious to the authorities, having been banished from the "col- onie," or condemned to corporal chastisement, fine, or imprisonment, according to the grade of their offences.

In civil cases all disputes between man and man, whether relating to contracts, titles, possessions, or boundaries ; injuries to property, person, or character ; claims for rents and all other demands between the patroon and his tenants, were also

RENSSELAERWYCK AND BEVERWYCK.

investigated and decided by these courts ; from the judgment of which, in matters affecting life and limb, and in suits where the sum in litigation ex- ceeded twenty dollars, appeals lay to the Director- General and Council at Fort Amsterdam. But the sagacious local authorities, it must be added, were so jealous of this privilege that they required the colonists, on settling within their jurisdiction, to promise not to appeal from any sentence of the lo- cal tribunal.

The laws in force here were, as in other sections of New Netherland, the Civil Code, the enactments of the States General, the ordinances of the West India Company, and of the Director-General and Council when properly published within the "col- onie," and such rules and regulations as the patroon and his co-directors, or the local authorities, might establish and enact.

The government was vested in a General Court, which exercised executive, legislative, or municipal and judicial functions, and which was composed of two Commissaries and two Councilors, who answered to modern justices of the peace.

Adjoined to this court were a Colonial Secretary, a Sheriff or Schout-fiscaal, and a Court Mes- senger or Constable. Each of these received a small compensation, either in the shape of a fixed salary or fees ; the Commissaries and Magis- trates, fifty, one hundred, or two hundred guild- ers, annually, according to their standing; the Secretary, one hundred guilders, and the Court Messenger, one hundred and fifty, with the addition of trifling fees for the transcript and service of papers. The magistrates of the "colonie " held office for a year, the court appointing their successors from among the other settlers, or continuing those already in office, at the expiration of their term of service, as it deemed proper.

The most important functionary attached to this government was the Schout-fiscaal, who, in dis- charge of his public functions, was bound by in- structions received from the patroon and co-di- rectors. No man in the "colonie " was to be subject to loss of life or property unless by the sen- tence of a court composed of five persons, and all who were under accusation were entitled to a speedy and impartial trial. The public prosecutor was particularly enjoined not to receive presents or bribes, nor to be interested in trade or commerce, either directly or indirectly ; and, in order that he might be attentive to the performance of his duties, and thoroughly independent, he was secured a fixed salary, a free house, and all fines amounting to ten guilders ($4.00), or under ; besides the third part

of all forfeitures and amends over that sum were his perquisites.

Jacob Albertsen Planck was the first sheriff of Rensselaerwyck. Arendt Van Curler, who originally came out as Assistant Commissary, was appointed, soon after his arrival, Commissary-General, or Superintendent of the ."colonie," and acted as Colonial Secretary until 1642, when he was suc- ceeded by Anthony de Hooges. Brant Peelen, Gerrit de Rens, Cornelis Teunissen van Broeck- elen, Pieter Cornelissen van Munickendam, and Dirck Jansen were, if not the first, at least among the earliest magistrates of the settlement.

The population of the "colonie" consisted at this remote period of three classes : Freemen, who emigrated from Holland at their own expense ; farmers and farm-servants, who were sent out by the patroon, who judiciously applied his large resources in promoting the early settlement of the country, and in assisting the struggling industry of his people. To accomplish this laudable object, a number of farms were set off, on both sides of the river and the adjoining islands, on which he caused dwelling-houses, barns and stables to be erected. These farms were suitably stocked with cows, horses or oxen, and occasionally sheep, and furnished with plows, wagons and other necessary agricul- tural implements, all which preliminary expenses were defrayed by the proprietor, so that the farmer entered on the property unembarrassed by the want of capital. Some of those farms were then valued, and an annual rent was fixed, equivalent, in some sort, to the interest of the capital expended on their improvement, and payable semi-annually in grain, beavers and wampum. Other farms were let out for one-half or for the one-third of their produce. The patroon was entitled, at the same time, to half the increase from the stock ; he reserved to himself one-tenth of the produce of each farm, and, in various instances, stipulated for a yearly acknowl- edgment of a few pounds of butter. The tenant was privileged, however, to compound by the payment of a fixed annual sum for the tenths of the farm, or for his halves or thirds. He was bound, at the same time, to keep the fences, buildings or farming implements in repair, and to deliver them up in the same good order in which he had received them, subject, in all cases, to ordi- nary wear and tear. But the patroon bore all risks of destruction of the buildings, cattle, and other property, which might accrue from war or mis- understandings with the Indians. Wild or unim- proved land was usually leased for a term of ten years free of rent, or for tenths, subject, however,

HISTORY OF THE COUNTY OF ALBANY.

to be improved by the lessee, all improvements falling to the patroon on the expiration of the lease.

In addition to the facilities above enumerated, each of the settlers, on leaving Holland, was generally furnished with clothing and a small sum in cash, the latter to be repaid on some future occasion in produce or wampum with an advance on the principal of fifty per cent. This, however disproportionate it may now seem, cannot be considered unreasonable or extravagant when it is understood that the difference at the time between colonial and Holland currency was nearly forty per cent., while between the latter and wampum, it was vastly larger. The patroon was bound, at the same time, to supply his colonists with a sufficient num- ber of laborers to assist them in the work of their farms. As compensation for his trouble in engag- ing these, and for his advances in conveying them to America, he was entitled to the sum of sixteen guilders, or six dollars, per annum for each laborer, over and above the yearly wages which the farmer was to allow such servants, and which ranged from forty to one hundred and fifty guilders and board.

This sum provided these servants with necessary clothing, and, in the course of time, placed at their disposal the means to enter on a farm on their own account. It is to be remarked, however, that the first patroon seriously complained that his settlers not only threw altogether on him the payment of these wages, but took large quantities of goods from his store, for which they made no returns whatever, though they were bound to settle at the end of each year, and to hand in an account of the produce of the farm, distinguishing the patroon's tenths, halves or thirds, the amount paid for wages and their own expenses, so as to allow him to ascertain what his own profits and losses were at the close of each year.

In return for his outlay and trouble, the Civil Code, which, it must be always borne in mind, was the fundamental law of this "colonie," vested in the patroon several privileges common to the feudal system. At the close of the harvest, the farmer was bound to hand in a return of the amount of grain which he had for sale, after deducting what was due to the landlord by the lease, and offer to him or his commissary the pre-emption of such produce. In case he refused to buy it, then the farmer was at liberty to sell the same elsewhere. The like rule obtained in regard to cattle. When these were to be sold, the first offer was also to be made to the patroon, in order, we presume, that he should have an opportunity of retaining the stock within the "colonie." Every settler was, likewise, obli-

gated to grind his corn at the patroon's mill, and the latter was equally obligated to erect and keep such mill in repair at his own expense, for the accommodation of his colonists. No person could hunt or fish within the limits of the "colonie," without license from the patroon, who, on the ex- change, sale and purchase of real estate within his jurisdiction, was entitled to the first offer of such property ; or, if he declined to assume it, to a cer- tain portion of the purchase money, except such mutation occurred in the natural line of descent. Finally, it was his right, as "lord of the manor," to succeed to the estate and property of all persons who might die intestate within his "colonie."

Under the fostering care of its first patroon, and the prudent management of its local magistracy, the "colonie of Rensselaerwyck" progressively, though slowly, advanced. Portions of its inhabi- tants occasionally returned to "Fatherland" to spread the tidings of their prosperity, and to invite their friends and relatives to join them in their new houses, which, from the abundance and cheapness of provisions, deserved truly to be called "a land flowing with milk and honey." A hamlet gradu- ally arose. On account, it is said, of the crescent form of the bank of the river at this point, this hamlet was first called the Fuyck, or Beversfuyck, and afterwards Beverwyck, by which name the present City of Albany was legally known until 1664, though it was familiarly called the Fuyck by the Dutch for many years after the entire country had passed into the hands of other masters.

Mr. Van Rensselaer, some allege, visited the "colonie" in person in 1637. This, however, is not certain.

Adrian Van der Donck, "a free citizen of Breda," and a graduate of the University of Leyden, was selected as the successor of Sheriff Planck. He entered on the performance of his duties as Schout-fiscaal of Rensselaerwyck in the course of a month or two after his appointment.

One of the principal aims of the first founders of Rensselaerwyck seems to have been to secure for themselves the valuable trade in furs, the chief mart for which centered at the point where they made their purchase and commenced their settle- ment. To engross this the more effectively, all foreign and unlicensed traders were rigidly ex- cluded from the colony. The patroon and his partners were the only privileged importers of European merchandise, the West India Company having, in consequence of the Indian War about Fort Amsterdam and other causes, ceased to keep Fort Orange supplied with foreign goods. All

RENSSELAERWYCK AND BEVERWYCK.

settlers were bound under oath not to purchase any peltries from the Indians, on pain of forfeiting their goods and wages, unless duly licensed to carry on such trade ; for such a privilege was ex- clusively vested in the patroon. The majority of the settlers subsequently obtained such permis- sion, received goods on credit from the patroon's store, and "every farmer," as De Vries observes, " became a trader." They were, however, obliged to bring in all the furs which they purchased to the patroon's magazine, to be sent over to Holland to him, he retaining as his share half the profits. This condition was afterward modified so far as to allow him to retain only the sixth beaver and one guilder recognition, or duty, on each of the re- maining five-sixths. Competition raised the price of peltries nearly one hundred per cent. Prior to 1642 the price of a merchantable beaver, which averaged about an ell square, was six hands, or fathoms, of wampum. In the course of that year the article commanded from seven to seven and a half ; but when the traders found that the agents of the patroon, as well as the officers at Fort Orange, did not refuse paying that price, they immediately offered nine, and in the following year advanced the rate to ten fathoms of white wampum for each skin. A joint proclamation was hereupon issued by the authorities of Rensselaer- wyck and those of the Fort, fixing the price of furs at nine fathoms of white, or four and a half of black wampum, and forbidding all persons whatso- ever, whether servants of the company or residents in the colony, from going into the woods to trade in advance with the Indians, on pain of seizure of all their goods. Another proclamation was, also, issued, prohibiting all traders to come with their sloops within the limits of the colony, under the penalty of forfeiting the same. And on the follow- ing court day a third proclamation followed, for the better securing the monopoly of the import trade to the patroon, by which the inhabitants of the colony were absolutely forbidden purchasing any goods from the local traders.

At this time, between Sheriff Van der Donck and Van Curler and the other officers of the colony, considerable jealousy and ill-feeling existed. The representations of Van der Donck had, eventually, such an effect on the public mind that a con- spiracy was formed against Commissary-General Curler among several of the colonists, who drew up a strong protest against that officer, which, in order that they might remain undiscovered, the ringleaders signed in the form of a "round robin," affixing to the paper their signatures in "a

circle." This done, they next denounced Van Curler in the most vehement terms. Some pro- posed driving him from the colony as a rogue ; others, more vindictive and turbulent, in-isted on taking his life. These threats, fortunately for the character of the settlers, were not followed up by any overt act. Van der Donck professed, all the while, an honest desire to promote the wishes of the constituted authorities. But, when the time for testing his sincerity arrived, he was found wanting.

It became apparent from the ill feeling which existed between Sheriff Van der Donck and the other functionaries in the colony, which had already caused, in two instances, an exchange of blows, that the former could not comfortably pro- long his stay in Rensselaerwyck, or hold his office very agreeably much longer. He determined to return to Holland in the course of the next year.

In September, 1643, there was conveyed to New Netherland by the patroon's ship, The Arms of Rensselaerwyck, an assorted invoice of merchandise, consisting of woolen, linen and cotton goods, ready- made clothing, silks, glass, crockery, leather, fruit, cheese, spices, brandy, gin, wines, cordials, tobacco, pipes, nets, looking-glasses, beads, axes, adzes, razors, knives, scissors, bells, nails, spoons, kettles, thimbles, pins, needles, threads, rings, shoes, stockings, gloves, combs, buttons, mus- kets, pistols, swords, shot, lead, canvas, pitch and tar, candles, stationery, and various other commod- ities, valued at twelve thousand eight hundred and seventy guilders, to be bartered with the Indians and other inhabitants of the country for tobacco, furs, and other produce. To insure entire success for this venture, the skipper, supercargo and pilot of the ship were allowed a direct pecuniary interest in the proceeds of the voyage.

The system of license introduced by the pa- troon, and the profits which resulted, had already incited a number of private individuals to embark in the fur trade. As a consequence, this staple was altogether taken out of the hands both of the pa- troon's and the company's servants, who could pur- chase scarcely a skin, while private traders exported thousands of peltries. A number of unlicensed traders now resorted to the colony, who drew the Indians away into "secret trading places," where, by means of higher prices, they obtained posses- sion of the most valuable furs, "not caring whether or not the trade was so injured as to render the patroon unable to meet the expenses of his colo- nie." Having thus "debauched " the savages, these interlopers succeeded, by means of " wine and strong drink, which they sold at an usurious

HISTORY OF THE COUNTY OF ALBANY.

rate," in perverting many of the colonists, from whom they got not only peltries, but even large quantities of grain, which the farmers disposed of without either respecting the patroon's pre-emption right, or paying the tenths, or accounting for the halves or thirds which they were bound by lease to pay.

To arrest these illicit proceedings, the patroon adopted two measures which would, he expected, put a stop to the injuries which his interests were sustaining from the competition that was then ex- hausting and impovishing his colony. One of these was the erection of a fortified post and trading-house on Beeren Island, the southern boundary of his estate, which, by commanding the channel of the river, would exclude all vessels, but his own and those of the West India Company, from the upper waters of the Hudson. The other was to send out a stock of goods sufficient to sup- ply, through his establishments at Beverwyck and Beeren Island, the Mohawks and River In- dians, and all the neighboring settlers, with what- soever they might require in barter for their pro- duce, whether furs or corn. It was with a view to carry out the latter part of this project that the ship Arms of Rensselaerwyck now sailed from Holland with the above mentioned valuable cargo.

She arrived at the Manhattans while the war with the Indians was at its height, and at the mo- ment when Director Kieft was sorely distressed for clothing for the troops which he had enlisted. A requisition was immediately made on Pieter Wyn- coop, the supercargo of the ship, for a supply of fifty pairs of shoes to be distributed among the sol- diers, payment for which was offered "in silver, beavers, or wampum, at such price as the super- cargo might demand." But Wyncoop, perceiving that he could sell these goods to more advantage to the inhabitants than to the Director, injudicious- ly refused to comply with this requisition. A forced levy was the result, and as many soldiers were equipped with shoes from the ship as "killed five hundred of the enemy." The evil conse- quence of Wyncoop's refusal did not stop here. The ship was immediately overhauled by author- ity of the Director and Council, and a consider- able quantity of powder and a number of guns found on board, which were not enumerated in the manifest, and which Wyncoop was charged with intending to sell to the savages. These ar- ticles having been made contraband by law, and their introduction forbidden on pain of death, were, together with the ship, forthwith confiscated.

The vessel sailed soon after for Holland, whither

Van Curler also proceeded to give an account of his stewardship.

In the meantime Nicolaus Coorn, "Wacht Mees- ter" or commander, in the service of the patroon, had completed his fort on Beeren Island, on which he mounted a number of cannon, sufficient not only for its defence, but for the complete command of the river. A claim to "staple right" was then boldly set up-a toll of five guilders, or two dollars, imposed on every trading-craft passing up or down, which were also obliged to lower their colors in honor of Rensselaer Stein. And thus a sovereign jurisdiction was asserted over this navigable high- way against all persons, save and except the ser- vants of the West India Company.

It was the summer of 1644 that the yacht Good Hope, of which Govert Lookermans was master, sailed from Fort Orange for New Amsterdam. Passing Beeren Island, the craft was hailed, and peremptorily ordered "to lower his colors." On being asked for whom, the commander replied, "For the staple right of Rensselaerwyck." But the skipper refused, with an oath, to strike his flag " for any individual save the Prince of Orange and the lords, his masters." Whereupon Coorn fired several shots at the vessel, "one of which," says the record, " perforated our princely flag, " about a foot above the head of the skipper, "who kept the colors constantly in his hand."

Such an outrage as this could not fail to create excitement in New Amsterdam, when the particu- lars became known. Coorn was summoned to ap- pear immediately at Fort Amsterdam, to answer for his conduct. He pleaded the authority of his patroon. But this was considered no justification. He was condemned in damages, and forbidden to repeat the offence on pain of corporal punishment. He was further required to obtain Van Rensselaer's approval of the sentence, which should be executed on him without fail, if that approval were not forthcoming. This proceeding was followed, soon after, by a strong protest from Attorney- General Van der Huygens, against the establish- ment on Beeren Island, which was declared to be inconsistent with the privileges granted to pa- troons and lords of manors. No patroon, it was maintained, could extend his colony more than sixteen miles along the bank, or eight miles on both sides of the river, while Beeren Island was more than eight miles from the limit of the colonies. The bold attempt to construct a fort there, to command the river and to debar Fort Orange from free navigation would, it was added, be ruinous to the company. It was, therefore,

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 18

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452