Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 20

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 20

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Previous to this date Van Slechtenhorst had granted several leases for land in Katskill. But the Directors refused to admit the patroon's pre- tensions to that section of country, as it had already been granted to another. In conformity with his instructions, Stuyvesant now protested against those leases, and announced his resolution to oppose these encroachments. The authorities of Rensselaerwyck were consequently much em- barrassed, and therefore remonstrated that they had only obeyed the orders of their superiors in Hol- land. They therefore requested the Director- General to defer further proceedings in the matter

HISTORY OF THE COUNTY OF ALBANY.

until they should communicate with their superiors, and promised, in the meanwhile, neither to send nor allow to be sent any settlers or cattle to the land in dispute. Thus was impeded the early set- tlement.

In 1651, the call for a subsidy from Rensselaer- wyck brought on another collision between the au- thorities of that colony and the New Amsterdam Provincial Government. The latter had already peremptorily demanded the excise on wines and strong liquors consumed in the patroon's district, which was refused. It was considered an invasion of the freedoms, and in direct opposition to the custom, of Fatherland. The patroon had de- frayed, from his own resources, the salaries of the minister and other public servants, as well as the general expenses attendant on the settlement of the country. These had amounted, on the 30th of June, 1650, to the sum of twenty-five thousand seven hundred and seventy-three guilders, or more than ten thousand dollars, no part of which had been paid either by the company or the Co-direct- ors of the colony. It would be, therefore, sub- mitting to a wrong to consent to the demand now put forth. As it was a matter, however, that concerned the common interests of the country and the privileges of the colony, Commander Van Slechtenhorst was commissioned to proceed to New Amsterdam to remonstrate with the Director and Council against it.

He arrived at the Manhattans towards the close of the month of April, and took the earliest oppor- tunity to represent how contrary to reason, law and usage were the proposed exactions. But Stuyvesant was inexorable, and Slechtenhorst on his side was equally unyielding, "for it was a matter of great importance, which may cause not only tumult, but bloodshed in the country." The parties separated ; but Slechtenhorst had not yet finished his dinner, when a messenger summoned him before the Di- rector-General and Council. Immediately on his appearance the authorities proceeded to pronounce sentence against him, animadverting in strong terms on his conduct, especially in reference to the settlement of Katskill. Slechtenhorst, no ways daunted, demanded if a man could be condemned unheard ? The only answer he received was an order for his arrest. He was detained four months at the Manhattans, notwithstanding he repeatedly protested against his detention, and the authorities of Rensselaerwyck made several applications for his release. Finally, seeing no prospect of obtain- ing permission to depart, he embarked in a sloop, and returned to Fort Orange, having given a guar-

anty to the skipper to see him harmless, should he be prosecuted for having received him on board. It was well for the skipper that he had taken this precaution, for, on his return to the Manhattans, his vessel was arrested, and he was fined two hun- dred and fifty guilders and costs. Van Slechten- horst estimated his expenses in consequence of these proceedings at about four hundred dollars.

Three years had now elapsed since Director Stuyvesant set up a claim for a separate jurisdiction for Fort Orange, distinct and independent from that of Rensselaerwyck. Yet the question remained still unsettled. Lines were not drawn in those days with as much precision as in our times. The Indians measured by the day's journey, Stuyvesant by the cannon-ball. The jurisdiction of the fort, as claimed by him, extended over a circumference within the range of gunshot, which he esti- mated at six hundred paces of five feet to a pace, a distance subsequently estimated at one hundred and fifty rods. As the hamlet of Beverwyck, now becoming every day more popu- lous and valuable, would, by this operation, be severed from the colony, and as the West India Company could not fail, in consequence, to secure the greater part of the fur trade, to the serious in- jury of the patroon, considerable opposition was manifested against Stuyvesant's pretension. The authorities of Rensselaerwyck maintained that the fort stood on the patroon's soil; that the whole territory, from Beeren Island to the Cohoes, was his, and that consequently the fort could have no jurisdiction beyond its walls. As for trading in furs, or cutting timber, it was, they insisted, a fla- grant spoliation of the patroon's property.

Jean Baptiste Van Rensselaer, the first of that family who visited this country, was elected one of its magistrates, whilst this controversy was at its height. Shortly afterwards, an order was issued that all the freemen and inhabitants should take the oath of allegiance to the patroon and his repre- sentatives.

These conflicting pretensions were necessarily productive of a bad state of feeling between the opposing parties. On New Year's night, some soldiers, armed with matchlocks, sallied from the fort and fired a number of shots at the patroon's house. Several pieces of ignited wadding settled on the roof, which was of reed, and had caused the destruction of the building, had not the in- mates been on the alert. On the following day, the soldiers assaulted the younger Slechtenhorst in the street, " and not only beat him black and blue, but dragged him through the mud and mire in the

RENSSELAERWYCK AND BEVERWYCK.

presence of Johannes Dyckman, the company's Commissary, who cried out all the time, 'Let him have it now, and the devil take him !'" Philip Pietersen Schuyler, who had married a daughter of Van Slechtenhorst, endeavored to save his brother- in-law. Dyckman, hereupon, drew his sword, and threatened to run Schuyler through if he interfered. The soldiers struck others of the commander's children, and threatened to shoot them, but were prevented. The friends of the family were justly incensed at this outrage, and menaced revenge. This coming to Dyckman's ears, he, it is repre- sented, ordered the guns of the fort to be loaded with grape, with the intention of blowing down the patroon's house.

Things were in this unpleasant state, when Stuy- vesant sent up some placards relating to the limits of Fort Orange, which he ordered to have pub- lished in the colony. Dyckman, accompanied by six followers and three soldiers, "armed with carbines and pistols," proceeded to the house where the magistrates were in session, and de- manded of Slechtenhorst to make a minute of what he was about to require. As it was contrary to law for any man to enter another's jurisdiction with an armed posse, without the previous consent of the local authorities, Dyckman's conduct was looked upon as an additional insult, against which Slechtenhorst protested, ordering the Commissary at the same time to quit the room. Dyckman re- tired; but, "as force hath more to say here than justice," he returned with increased numbers, and demanded that the placards should be published throughout the colony by the sound of the bell. "It shall not be done so long as we have a drop of blood in our veins," replied the Court, " nor until we receive orders from their High Mightinesses and our honored masters." But Dyckman, never- theless, persisted, and ordered the porter to ring the bell. This was opposed also. Dyckman now proceeded to the fort, ordered the bell there to be rung three times; then returned to the patroon's court-house, ascended the front stoop, or steps, with his armed followers, whilst the wondering burghers stood around, and directed his deputy to make proclamation of the placards. The latter was about to obey, when Van Slechtenhorst, rush- ing forward, tore the placards from his hands, "so that the seals fell on the ground." Another long protest followed from the authorities of the colo- ny, whilst young Van Rensselaer facetionsly said to the crowd, "Go home, good friends; 'tis only the wind of a cannon ball fired six hundred paces off ! '

On receiving the report of these occurrences, Director-General Stuyvesant immediately dis- patched another placard to Dyckman, again de- claring the jurisdiction of Fort Orange to extend within a circumference of six hundred paces of said fort, "and, in order that no man shall plead ig- norance, we further charge our Commissary, after publication hereof, to erect on the aforesaid limits, north, south and west of the aforesaid fortress, a post, marked with the Company's mark, and to affix, on a board nailed thereto, a copy hereof." Within these bounds no house was, for the future, to be built, except by consent of the Director and Council, or those authorized to act for them. This violent and illegal act, violating at once the rights of property and of the Charter of 1629, severed, now and ever after, the town of Beverwyck from Van Rensselaer's colony. It was not, however, quietly submitted to by the authori- ties of the latter, for they immediately ordered their constable to remove the posts forthwith, " protest- ing before Almighty God and the States-General against all open force and violence, and insisting on reparation for all losses and damages which might accrue or be caused thereby."

On the same day the Court drew up a long re- monstrance "against the unbecoming pretensions and attacks of the Director and Council of New Netherland," in which they denied that the latter had any authority over the colony; they had never sworn allegiance to the Company, much less to Monsieur Stuyvesant, and owned no masters but the States-General and their own immediate superiors, whose lands have been erected into a perpetual fief, with high, middle and low jurisdic- tion ; and he who would now destroy this must be more powerful than the Company, "yea, than their High Mightinesses."

This paper was declared by the Director and Council "a libellous calumny." Secretary de Hooges was called on to furnish the names of the magistrates who had voted in favor of it, and threatened, in case of disobedience, to prosecute him for contumacy.

In the meanwhile the question of jurisdiction presented itself in a new shape to agitate and dis- turb still further this infant hamlet. A negress be- longing to Sander Leendertsen Glen, charged with theft, caused several " decent persons" to be prosecuted as receivers of stolen goods. She was ordered to be arrested for defamation, and Dyck- man proceeded to take up the wench. Her master refused to surrender her that evening. Dyckman, offended at this, told the burgher that he had power

HISTORY OF THE COUNTY OF ALBANY.

to send him and all his family to jail; to pull his house down about his ears, and trample it under- neath his feet, " as it was erected on the com- pany's soil." "I have nothing to do with you," re- plied Glen; " I cannot serve a new master until I am discharged from the one I live under." The Commissary threatened him with Stuyvesant, but the other thought he should fare as well at the Di- rector-General's hands as he. This retort over- threw Dyckman's temper. He drew his rapier and threatened to run his adversary through. But Glen was not afraid. He seized a stick to repel his assailant, who then retired. Next morning he was summoned to the fort and placed under arrest. Rumors now became rife that Stuyvesant was about to visit the place, and the Commissary went so far as to give out that a new gallows was building for Slechtenhorst and his son, and for young Van Rensselaer, who were put down as the fomentors of this rebellion.

The Director was at this time occupied in rid- ding himself of all that remained of his opponents at New Amsterdam. The only one undisposed of was Attorney-General Van Dyck, and his hour had not arrived.

From the moment that he had been commis- sioned he was treated by Stuyvesant with marked contumely, and excluded from the Council for over two years after his arrival in the colony. In the exercise of his office he was most commonly employed as a scrivener, to copy legal papers, the drafts of which the Director-General usually pre- pared; at other times he was "charged to look after the pigs and keep them out of the fort-a duty which a negro could very well perform." When Van Dyck happened to object, the Director "got as angry as if he would swallow him up;" or, if he presumed to disobey, "put him in confine- ment, or bastinadoed him with his rattan." A series of ill-usage such as this naturally drove the Fiscaal into the ranks of the opposition.

But in the spring of this year a silly lampoon against the Director-General made its appearance, and Van Dyck was put down as its author. The Council was convoked to consider this mighty affair of State, and a resolution followed dismissing the Schout-fiscaal from office, "on account of the multitude of his misdemeanors and connivances." This resolution purported to be "by and with the advice of the Nine men;" but these repudiated the assertion, and declared "that they never had any knowledge of the Commonalty as having com- plained of Van Dyck; that they never had agreed to the resolution ordering his dismissal; that Stuy-

vesant had passed it on his own authority, and that the Secretary had falsely appended to it their , names.'

To fill this vacancy, Cornelius Van Tienhoven, the putative author of the above intrigue, received the appointment of Attorney-General; Carl Van Brugge, "an Englishman," succeeded him as Provincial Secretary, and Adrian Van Tienhoven became Receiver-General in place of his brother.

"Were an honorable person appointed in my stead, " says Van Dyck, commenting on these pro- ceedings, " the false accusations against me, which have been so long resolved upon and written, might have some semblance of truth ; but the person whom the Director-General hath, on his own mere motion, made Fiscaal, is his perjured Secretary, who returned here contrary to their High Mightinesses' prohibition ; a public, notorious, and convicted whoremonger and oath-breaker ; a re- proach to this country, and the main scourge of both Christians and heathens, with whose sen- sualities the Director himself has been always acquainted." "The fault of drunkenness could easily be noticed in me, but not in Van Tienhoven, who has frequently come out of the tavern so full that he could go no further, and was forced to lie down in the gutter."

Having thus disposed of Van Dyck, Stuyvesant turned his attention to Van Slechtenhorst, and to conclude all difficulties with him, repaired to Fort Orange and called on the authorities of Rensselaer- wyck to state where their bounds commenced .. It was indifferent to him from what point, north or south, they should start. The exemptions allowed them four miles on one, or two miles on both banks of the river, and he was prepared to concede to that extent ; but he warned them, if they should refuse this "reasonable offer," he would proceed ex-parte. They replied that they had no instruc- tion to act in the premises, and requested delay, until they advised with the interested parties in Holland. The delay was granted ; but the question of supremacy over Beverwyck was not so easily settled.

Sergeant Litschoe presented himself, with a party of soldiers, before the patroon's house, and, having stationed his followers at the door, or- dered Van Slechtenhorst to strike the patroon's flag. The latter peremptorily refused to obey, whereupon "fourteen soldiers armed with loaded muskets, entered the enclosure, and, after firing a volley, hauled down the lord's colors."

Stuyvesant followed up this act by issuing a pro- clamation erecting in Fort Orange a Court of Jus-

RENSSELAERWYCK AND BEVERWYCK.

tice for the Village of Beverwyck and its dependen- cies, apart from and independent of that of Rens- selaerwyck. This placard having been affixed to the court-house of the colony, was torn down by Van Slechtenhorst, who, in return, posted a pro- clamation vindicating the patroon's rights, and de- nouncing the pretensions of those who infringed them. This was removed by those of the fort.

From the date of Gen. Stuyvesant's proclama- tion above mentioned reckons the establishment of a legal tribunal in Beverwyck, and consequently in the present City of Albany. This was April 10, 1652. It was an exercise of the prerogative which followed naturally the high-handed procla- mation of the 5th of March preceding.

Van Slechtenhorst's reign was now evidently drawing to a close. For four years he had man- fully defended the rights of his " orphan patroon," and unflinchingly contended against the invasions of superior force. But what, in those days, could avail in New Netherland the opposition of one man against the attacks of the Executive? Nine armed soldiers burst into his house and, without exhibiting any authority for the act, dragged him a prisoner, " against all his protests," to Fort Orange, "where neither his children, his master nor his friends were allowed to speak to him," whilst "his furs, his clothes and his meat were left hanging to the door- posts," and his house and papers were abandoned to the mercy of his enemies. He was next con- veyed on board a sloop lying in the river, and re- moved in charge of a guard to New Amsterdam, " to be tormented, in his sickness and old age, with unheard-of and insufferable prosecutions by those serving a Christian government, professing the same religion, and living under the same authority."

Jan Baptist Van Rensselaer succeeded Van Slechtenhorst as Director, and Gerrit Swart was appointed Sheriff, or Schout-fiscaal, of Rensselaer- wyck in his place.

Information was received by the patroon and co-directors of Rensselaerwyck of the high-handed measures which Stuyvesant had exercised in the early part of this year in regard to their colony. They thereupon sent in to the Amsterdam Chamber a remonstrance, complaining, Ist, that the Direc- tor-General had dared to intrude in their colony, and had commanded the patroon's flag to be hauled down; 2d, that he had caused timber to be cut on the complainants' lands without either their knowledge or their permission ; 3d, that he had claimed for the West India Company the right of jurisdiction and property over all the

land within a circumference of one hundred and fifty rods of Fort Orange, where he had erected a court of justice, notwithstanding the soil had been purchased from the right owners by the patroon, with the jurisdictions thereunto belonging, whereby the col- onists were reduced to a state of dependency, ab- solved from their oaths, "transformed from free- men to vassals, and incited to disregard their former solemn compacts and their lord and master ;" 4th, he had, moreover, discharged Sheriff Swart from his oath of office, and obliged him to swear allegiance to the company ; 5th, demanded copies of all the rolls, protocols, judgments, resolutions and papers relative to the colony and its affairs ; 6th, ordered his Commissary to force Van Slechtenhorst's house, and to toll the bell at the publication of his illegal placards ; 7th, ar- rested by force and arms the Director of the Col- ony, had him conveyed to the Manhattans, where he illegally detained him in custody ; 8th, taxed the colony to swell the company's revenues, licensed those who quit the patroon's service to sell articles of contraband to the savages, and, in addi- tion to the exaction of the tithes, had raised a tax by farming out the excise on wines and beers- "thus, in every respect and everywhere using violence and infringing rights, jurisdictions and pre-eminences, apparently determined to take our goods and blood, contrary to all laws, human and divine ; declaring, over and above all this, that he is continued in his administration solely in the hope and consideration that before his departure he should ruin this colony." The patroon and co- directors solemnly avowed their intention "to em- ploy all lawful remedies to preserve and maintain their rights and privileges, and to protect their col- onists against such lawless aggressions," and in- sisted that the West India Company should forth- with order their Director to abandon these attempts, repeal his placards, and compensate for the injuries which he had inflicted. But if the Directors were of opinion that they had any just cause of complaint, they were then called on to appear in any court of justice to make good their pretensions before our common judges. Failing to answer categorically the above accusations within four-and-twenty hours, the interested parties threatened to "complain where they expect they shall be heard."

The Directors answered, in vague terms, that they were unwilling to commit an infraction on any person's privileges, But this not being deemed satisfactory, the patroon and his friends addressed a memorial to their High Mightinesses, the States-

HISTORY OF THE COUNTY OF ALBANY.

General, of whom they demanded justice and re- dress. This paper was immediately sent to the Department of Amsterdam, which, after considerable delay, returned a reply to some of the charges brought against their agent in New Netherland. They denied all knowledge of the patroon's flag having been hauled down, of his colonists having been released from their oaths, of any of his lots having been taken away, and of the establishment of a Court of Justice in Fort Orange. The timber was removed from a place so limited as to injure no one, and all complaints against the extension of the jurisdiction of Fort Orange were without found- ation. That jurisdiction was determined " before the colony of Rensselaerwyck was granted." "The limits of the colony were, therefore, fixed above and below the fort, under whose walls the petitioners were afterwards permitted to shelter themselves from the savages, but from this concession no right or title can be imagined or acquired." Gerrit Swart was not discharged from his oath to the pa- troon. He was only obliged to take a second one to the company, remaining subject to both masters. The demand of the rolls and papers be- longing to the colony, as well as the levying tithes and excise therein, was authorized by the charter. As Van Slechtenhorst would not "toll the bell," on the publication of the placards, it was unavoid- ably necessary that it should be executed by others; and his arrest was imperatively demanded in order "to curb the insufferable insolence, effrontery and abuse of power," of which he was guilty. The au- thorizing the sale of arms and ammunition to the savages was acknowledged. "It was deemed prudent that it should be now and then permit- ted."

Having thus disposed, in one way or another, and as best they could, of the charges which were brought against them, the Directors now assumed the offensive, and presented against the patroon and co-directors of Rensselaerwyck a number of counter-charges, in justification of the measures which they had adopted, or as an offset to those accusations made against themselves.

They had, it was averred, exceeded their lawful limits, and were now called on to record their boundary lines in the land-office of the Company, otherwise the latter would have the survey made by its own orders. They had attempted, against all law, to extend their lines along the North River, to monopolize the trade, to the ruin of private per- sons. They refused to permit any vessel to pass by a certain house, called Rensselaers-Stein, and claimed, without any foundation, the privilege of

staple right. They exacted seven per cent. duty on each beaver and five per cent. on other goods, enforcing these pretensions with cannon shot, which they discharged into yachts that refused to come-to. They have endeavored, "by perverse machinations," to possess themselves of Fort Orange, and when frustrated herein, they under- took to lease lots in its vicinity and erect buildings thereupon. "They had dared to grant commis- sions to individuals to sail to the coast of Florida," and forbade colonists to move within the com- pany's limits, on pain of corporal punishment, con- fiscation of property and banishment ; to cut or cart wood for the inhabitants of Fort Orange ; to pay to the latter what they owed them ; or to ap- peal from any judgments over fifty guilders, as they were privileged to do. They declined to furnish any extracts of their proceedings or judgments ; to make returns to writs of appeal ; to publish pla- cards, or permit such publication by others, but tear them by force from the hands of court messen- gers, and destroy their seals ; and if any writ be served by the company's officers, they incite the parties summoned not to appear. Over and above all this, the oath which the colonists are compelled to take is " seditious and mutinous ;" for no notice is taken therein, either of their High Mightinesses or of the company. No report has been made of the state of the colony, as should have been annu- ally done, nor have the instructions issued for the administration of the colony been ever communi- cated, as the charter required. "From all which flow, as a natural consequence, an insolent and overbearing demeanor, on the part of their com- manders, to their inhabitants ; insufferable protests, injuries, menaces, disputes and provocations against the company's ministers ; and, lastly, a general disobedience of all the company's commands and ordinances, to such a degree that they would not permit the Director and Council to proclaim even a day of prayer in the colony in the same manner as in all other parts of New Netherland."

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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 20

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