Civil List and Constitutional History of the Colony and State of New York, Part 4

Author:
Publication date: 1886
Publisher: Albany
Number of Pages: 1380

USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 4

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

In June, 1639, the government of the colony of New Haven was organized. The Bible was declared to be the Constitution; none but church members were admitted to citizenship. All officers were chosen at an annual election. The government was intrusted to seven men, termed Pillars.

In 1638 and in 1640 the privileges of the Patroons were ma- terially restricted and those of free settlers enlarged. Whenever the people settled in sufficient numbers,2 the Company was bound to give them local governments, the officers of which were to be ap- pointed by the Director and Council, in accordance with the custom in the Netherlands. "No other religion was to be publicly tolerated or allowed in New Netherland, save that then taught and exercised

1 Maryland was chartered In 1632. The Lords Baltimore were made absolute lords of the province. The freemen were to be called together to frame laws, and when this was inconvenient, the legislative power was given Lord Baltimore and the magistrates, provided they did not infringe on the rights of the citizens. The liberties thus secured were open to all English Immigrants. The people were perpetually exempt from taxation by the Crown ; the charter leaving all taxation to the proprietaries and the provincial assemblies. In 1635, the assembled freemen passed a series of regulations which Lord Baltimore rejected. Two years later he sent out others in their place, which were rejected by the freemen on the 25th of Jannary, 16.3. The question this raised as to the power of the proprietor or the freemen to initiate laws was virtually yielded by Lord Baltimore in a letter. In 1639, a representative government was established, a declaration of rights was adopted, the liberal principles of the charter were affirmed, and the terms of citizenship were declared to be the same with those of England.

2 The Dutch settled Flatlands In 1636, Newtown In 1638, and Breukelen, Gowanus and Gravenzande in 1639. The same year (January 13) they purchased from the Indians nearly the whole of the present county of Queens, and in 1640 the remainder of that portion of the island west of about the present Entfolk county line.

DEMANDS OF THE TWELVE MEN.

by authority of the Reformed Church in the United Provinces." This provision was a dead letter. English colonists had already set- tled on the eastern end of Long Island ; and were subsequently given grants of land on the western extremity, accompanied by village or town charters.1 Thus the Roman principle by which a State re- ligion was sustained in harmony with religious freedom was prac- tically recognized.

An Indian war broke out in 1641, causing intense excitement. Director Kieft thereupon invited all the masters and heads of fami- lies, residents of New Amsterdam and vicinity, to assemble in the fort on the 28th day of August. , This is the first official recognition of the existence of the people, in New Netherland. Meantime, Maryland had advanced from a popular to a representative govern- ment, with a bill of rights based on the ancient liberties of England ; and the church commonwealths of Hartford and New Haven had been established. When the freemen of New Amsterdam convened pursuant to call, therefore, they obtained tardy concession of a right enjoyed in some form all around them. After giving their opinion on the questions submitted to them, in accordance with Roman precedent, they appointed Twelve Men to represent them. Their constitution, and indeed their duty, reminds one of the jury system which originated in England in 1166, and which was a modification of the ancient Aryan custom of administering justice. The Twelve Men complained to the Director of the arbitrary constitution of the government ; asked that four persons be chosen from their number (two to retire each year,) who shall have access to the Council, " so that taxes may not be imposed on the country in the absence of the Twelve," and reminded him of the fact that while in their na- tive country the smallest village had a board of from five to seven schepens, New Amsterdam and the settlements adjacent had none. The Director promised reform, but admonished them that they were ouly appointed to consider the Indian troubles ; and on the 11th of February, 1642, issued a proclamation forbidding them calling any further meetings without his express permission, " as they tend to dangerous consequences, and to the great injury both of the coun- try and of our authority."

The issue thus raised was of the simplest and most fundamental

I The English crossed over from Connecticut in 1650, occupying Gardner's Island, and in 1614 they settled > athampton and Sonthold. In 1912, three colonies were established, of persons driven from Massachusetts to persecution. One was hed by Rev. Francis Doughty, who had been roughly treated at Cohasset for hav- ne venture I to say that " Abraham's children should have been baptized." This colony obtained a pat- ent March 25th, for 16.332 acres, at Maspeth, and was granted Infl manorial or village rights. In October, Mr. Throgmorton and a number of friends who had been driven from Massachusetts with Roger Williams, vitled in Westchester; and Lady Moody and her friends, who had become "imbued with the erroneous din trine that infant baptism was a sinful ordinance," settled at Gravenzande.

JUDICIAL AND LEGISLATIVE FUNCTIONS.

character. It was as to whether the people were to be represented in the taxing body and were to be permitted to nominate their magis- trates in accordance with the terms of the charter ; or whether the Director and Council were to retain the power of taxation with the local judicial function. Under the most ancient Roman system, the Executive was also the Judge, or appointed others to act in his stead. The prerogative of selection from triple nominations, conceded by Dutch law, was in essence a compromise between this Roman system and the German method of popular administration of justice ; and in its reconciliation of popular with parental power was an advance upon either, as it respected the preference of the people, while avoiding public tummelt, and secured less arbitrary selections than were likely to be made under the Roman system of appointment. The Dutch system was entirely satisfactory to the colonists, and they were not disposed to relinquish their rights. Another opportunity to assert them soon came. By the summer of 1643, the troubles with the Indians and complications with the English had reached such gravity that the Director found it expedient to again call the freemen together. When they assembled, in September, he requested them "to elect five or six persons from among themselves," to consider · maturely the articles which the Director and Council were prepared to propose. The number originally suggested affords a coincidence with the traditional number of the village council ' among the Eastern Aryans, and with the Pentarchies of Carthage. It is, however, only a coincidence ; as the purpose in view was to secure a representative council, and not a magisterial or governmental body.

The proposed method of consultation was a system of legislation in the old Roman sense. This system was designed to preserve old customs as nearly as possible, and yet provide an orderly method for effecting needed changes. It was intended to guard against radical innovations, and hence the power of legislation was not given exclu- sively to the burgess assembly. The elders, or senate, succeeding the village council, interpreted ancient customs and determined vested rights. The King executed the laws, and passed judgment upon transgressors. Under the most ancient Roman constitution, if he desired legislative action, he submitted propositions to the bur- gestes ; and if approved by them, they were submitted to the elders, who determined whether they interfered with vested rights, and if they did not, the propositions were added to the laws. The Senate, therefore, as the guardians of the ancient rights of the people, pos-

1 See page 8.

The Fiant MEN A LARGAISLATIVE BODY.

served the veto power. In process of time the King consulted the Senate before submitting his propositions, in order that he might be sure of approval in case the people accepted them. This primitive rystem was subject to some fluctuation in the early days of Rome. with a tendency to enlarging the power of King and People to effect change against the will of the Senate. Sulla restricted the power of the people, and gave the initiative in legislation to the Senate, lim- iting the burgesses to the original prerogative of approval. Casar, as the representative of the people, appealed from the Senate to them, and they passed upon his propositions direct.

Kieft instituted a representative body, for the purpose of consulta- tion in the enactment of laws. The people preferred leaving the responsibility of choosing the select men to the Director, claiming for themselves the right only to reject any undesirable nomination. " Eight men " were then " elected." The certificate of their elec- tion is on record, signed by twenty-eight freemen who agreed to ap- prove what they should determine. The Eight Men were sum- moned by the Director-General, " to consider the critical condition of the country." They assembled September 15, and passed upon the most important questions of war and peace, and performed other legislative acts, which definitely fix the character of the body. Several meetings were held during the year, but the proceedings do not concern us here.

The year 1644 was a gloomy one for New Amsterdam and vicinity. There were not only complications with the English, war with the Indians and internal dissensions, but there were troubles with the quasi-independent colonie of Rensselaerswyck. The Patroon of this colonie was the only one who undertook the actual government of his domain as a fendal baron. Early in the year, one of his vessels, called the Arms of Rensselaerswyck, and its cargo, were confiscated at New Amsterdam ; contraband war material being found on board. The Patroon thereupon caused a fort to be created on Beeren's is- land, and directed that all vessels be excluded from the upper waters of the Hudson except his own and those of the West India Company. The commandant at this fort fired upon a vessel from New Amster- dam, which precipitated a conflict between the Patroon and the Director ; but the former continued to assert the provincial attributes of sovereignty for several years.

The Eight Men were re-convened on the 15th of June, 1644, when the state of the treasury and the exigencies of the service were sub- mitted to them. The Director proposed that customs and excise

REVENUE MEASURES ENACTED.

duties be levied. Hitherto the "staple right," or right to impose duties on passing vessels, which had been granted to the settlement under Director Van Twiller, had been the only revenue measure in force. The Eight Men opposed the new revenue law, and claimed that the power of taxation was only possessed by the States General ; and that as the home government had guaranteed protection as one of the inducements to emigrate, it ought to pay the expense. They finally yielded, however, and a proclamation was issued, declaring that "by the advice of the Eight Men chosen by the commonalty," a tax was imposed on beer and liquors sold for domestic consump- tion and on beaver skins brought to the settlement and purchased within the limits; and that, as " the scarcity of money is very general," these duties were imposed "provisionally, until the good God should grant us peace, or that we shall be sufficiently aided from Holland." The act of concurring in this recommendation was the exercise of the highest legislative function, and demonstrates that the Eight Men were a parliamentary body, in the most ancient sense. The Executive asked that consent be given to the enactment of a revenue measure, in accordance with ancient custom, and his request was granted ; which, with the action of the preceding year, settles the character of the body.

Early in July, soldiers arrived in New Amsterdam from the Netherlands, when the question arose as to how they were to be supplied with clothing and provisions. The Eight Men were opposed to continuing the revenue enactments, being of opinion that the impoverished inhabitants were entitled to be relieved from the bur- dens which had been "provisionally " imposed. The Director and Council, therefore, on the 4th of August, resolved to continue them without such consent, with some modifications, and to require the brewers to send in a return of the quantity manufactured. This usurpation created great excitement. The taxes had been rendered more oppressive, and inquisitorial returns demanded, at a time when relief was necessary, and freedom from arbitrary rule had been promised. The brewers resisted the collection of the tax, were prosecuted and compelled to pay.

The issue thus raised was no new one. The Germans held that taxation without consent was a badge of servitude, and their Dutch and English descendants had extorted from sovereigns the concession that they would ask needed revenues at the hands of the people's representatives, and not impose taxes arbitrarily. Indeed taxation only with consent was an admitted fundamental principle in France

DEMANDS OF THE EIGHT MEN.

and throughont Western Europe, although it was frequently violated by despotie power. On the 25th of October, therefore, the Eight Men addressed a remonstrance to the Directors of the Company, blam- ing Kieft for the troubles with the Indians, and complaining that he had usurped " princely power" and the power of taxation. " We did not conceive," they said, "that our powers extended as far as to impose new taxes, but that such must first be considered by a superior authority (to wit, by the Lords majors)." The re- monstrance concluded : " It is impossible to ever settle this con- try until a different system is introduced here, and a new Gov- ernor be sent over with more people, who shall settle themselves in suitable places, one near the other in form of villages and hamlets, and elect from among themselves a bailiff or schont and schepens who shall be empowered to send deputies to vote on public affairs with the Director and Council, so that hereafter the country may not be again brought into similar danger."

These rights were asked when the United Netherlands were in the zenith of their glory, and England and her colonies were torn by internal dissensions and religions fends. The issue was joined in the year that saw the triumphs the great Swedish General Tosten- son, in silencing Denmark, and in ruining an Imperial German army without even a battle, effectually settling the prolonged con- troversy of that desolating war, and sending the German empire staggering toward the grave. It was joined in the year that saw the victory of Marston Moor, and the granting of a charter to Roger Williams, giving to the people of Providence Plantations "full power and anthority to govern and rule themselves." Maryland was in a state of anarchy, and Virginia was controlled by a Royalist party, which compelled the Puritans to leave the colony. The year previous, Massachusetts, New Plymouth, Connectient and New Haven had formed a confederacy " to advance the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the gospel in purity with peace," under the name of the United Colonies of New Eng- land, " both for preserving and propagating the truth and liberties of the gospel, and for their own mutual safety and welfare; " and the year we are now considering witnessed the separation of the representatives of the people from the Council in Massachusetts, which rendered the General Assembly an independent and co-ordin- ate branch of the government.

The demand of the Eight Men was a demand for the establish- ment of a system of organic liberty more secure in its safeguards of

LAW THE BASIS OF ORGANIC LIBERTY.

freedom than any then in existence either in this country or in Europe. It did not leave liberty to the mercy of a church, as in New England ; for it had been proved that even churches may be tyrants. It did not leave it to the will of the people, or their representatives alone, as in Rhode Island and Maryland; for experience had already shown, and was soon to show still more conchisively, that majorities cannot always be trusted to respect the rights of minori- ties. It did not commit freedom to the care of governments organi- ized on the royal pattern as in Virginia, nor to Parliaments as in England, nor to paternal care as in Germany; for each had shown itself competent to oppress. The basis of organic liberty guaran- teed by it is to be found in Roman, German and Dutch laws and customs. So long as these were obeyed, the liberties of the people were seenre. It was only when they were violently set aside, that freedom was overthrown. The Eight Men adopted the New England system of an elective magistraey in villages and towns, whose dele- gates, appointed after consultation with the freemen, were to meet with the Director and Council, for the execution of the laws and the protection of all freemen. This was a proposition to return to the primitive Aryan magisterial system ; and to supplement it, for pur- poses of mutual protection, with a representative council. It was an improvement on other systems, because in an age characterized by aggressions against freedom, it reduced the power to interfere with liberty to the minimum, and trusted its execution to the entire body of freemen, who inherited the spirit and the statutes of liberty from the earliest ages.

The Eight Men were sustained. The recall of Kieft was decided upon, on the 10th of December. The remonstrances and all the petitions and memorials of the colonists were referred to the cham- ber of accounts. The report, made in March, 1645, sustained the complaints of the colonists and approved the suggestion that villages and hamlets be organized after the manner of the English. The original charter to the Patroons, granted in 1629, authorized their colonies to appoint one or two deputies to acquaint the Director and Council of their condition ; which, by implication, was extended by the charter of 1640 to any local government organized in pursuance thereof. It was now suggested that these deputies should, at the summons of the Director-General, hold an Assembly every six months, for mutual inter-communication and the general advance- ment of the welfare of the people, with power to deliberate on all questions which might concern the prosperity of their colonies, the

POWERS OF THE SUPREME COUNCIL.

propitiation of the Indians and the neighboring provinces, the maintenance of free privileges, the correction of abuses, and the upholding of the statutes and the laws.

The Commissioners of the Assembly of the XIX of the General Privileged West India Company acted upon this report in instruc- tions given to the Director and Comeil under date of July 7, 1645. The Council was to consist of " the Director as President, his Vice and the Fiscal." In cases in which the Advocate-fiscal appeared as Attorney-general, either civil or criminal, the military commandant was to sit in his stead; and, if the charge was criminal, three per- sons were to be associated from the commonalty of the district where the crime or aet was committed. The Supreme Council was the sole body " by whom all occurring affairs relating to police, justice, militia, the dignity and just rights of the company" were to be "administered and decided." That is, it was an executive, adminis- trative and judicial body, but possessed no legislative functions, and had no power to alter or abridge the ancient rights of the people. The gathering of the inhabitants, " in the manner of towns, villages and hamlets, as the English are in the habit of doing," was to be aided by all means in their power, and the privileges (heretofore noted) as being granted in the " Freedoms and the amplifications thereof," were continued ; and, further, "inasmuch as the respective colonists have been allowed, by the Freedoms, to delegate one or two persons to give information to the Director and Council concerning the state and condition of their colonies, the same is hereby con- firmed." The recommendation of a semi-annual assembly, there- fore, was not confirmed.

When Petrus Stuyvesant arrived at New Amsterdam, (May 27, 1647), the Scots had turned Charles over to a committee of the two Houses, and Maximilian had entered into a truce with his enemies ; the horrors of civil war were about to be removed from the two countries, when England was to pass under the control of a Pro- tector, and Germany from the hands of great tyrants into those of small ones. The new Director proceeded with great vigor to re- store the disordered government. Ile promulgated municipal regn- lations, and stringent enactments against smuggling ; established customs duties on wines and liquors (except for domestic consump- tion), and on beaver skins. He ordered an election of eighteen men from Manhattan, Breukelen, Amersfoort (Flatlands) and Pavonia, (N. J.), from whom he selected nine, as " Interlocutors and Trustees of the Commonalty," or "Tribunes" of the people.

TRIBUNAL OF THE NINE MEN.

These Nine Men were to hold courts of arbitration weekly, and were to give advice to the Director and Council, on all matters submitted to them. They received their appointment September 25, 1647. Three were taken from the merchants, three from the burghers and three from the farmers. Thus was preserved and continued the system of giving representation to the various voca- tions, which formed the groundwork of municipal organization in the Netherlands. The tribunal was of very ancient date. . Indeed, in its essence, it was a method of adjudication which prevailed in one form or another from time immemorial : of which the village elders were the most ancient type. The " Tribunal of Well-Born Men," or " Men's Men," had existed for centuries in the Netherlands. It originally had separate criminal and civil jurisdiction, the first exercised by thirteen and the second by seven men. These courts were afterward united, the number of members being thirteen until 1614, when it was altered to " Nine Well-Born Men." This institution was now introduced, as the form of goverment for the capital of New Netherland and surrounding villages. It was pro- vided that six should annually retire, and that twelve names were to be referred to the Director, with the Nine who had served during the year, from whence the new board was to be selected. The board met on the 15th of November, when the Director com- municated his views by written message, in consequence of illness. They consented to appropriations for schools and for completing the church ; but declined to repair the fortifications, on the ground that, as the company had agreed to ineur expenditures of that class, the money for that purpose ought to come out of the funds derived from customs and excise duties, and from tolls paid at the company's mills. This board, therefore, was also a legislative body, in the ancient sense ; that is, a body without whose . consent taxes could not be lawfully assessed nor vested rights modified.

The Director proseented with vigor his plans for the government of the province, and the Nine Men were equally determined to secure popular goverment. We cannot dwell upon these exciting events. The Director undertook to compel the Patroon of Rensse- laerswyck to recognize his supreme authority ; and he caused the arrest of Van Der Donek, President of the Nine Men, for preparing a journal to be used against him, who was taken to jail by a file of soldiers. On the 21st of February, 1648, Stuyvesant issued a call for a meeting of citizens and delegates of the militia, which was held March 4th. At this meeting it was ordered that Van Der

PLAN OF THE PROVISIONAL ORDER.

Donck continue under arrest until examined, and on the 5th a com- mission was appointed for that purpose. On the 15th the Director called his Council and other public officers together as a Court of Impeachment, and Van Der Donck was expelled from the Council and the Nine Men. Agents were now sent to Holland by the colonists, of whom Van Der Donck was principal, to present their complaints. Stuyvesant was represented by Lag Tienhoven, his secretary. 2027484

The Netherlands now became the scene of a prolonged contest. The petitioners laid their complaints before the States-General at great length, and demanded burgher government, freedom from customs, tenths and other burdens, the abolition of the export duty on tobacco, commercial reforms and the settlement of the boundaries of the province. The reply to the complaints of the colonists con- tained a contrast with the New England colonies. While it was true that the people of New England were free from en-tom- duties, they were assessed directly for all the purposes of government. The only internal tax paid in New Netherland was the tax upon tapeters, which was returned to them by those who frequented the taverns and by travelers; citizens might lay in as much wine and beer as they pleased, free of excise. It was also deemed an ad- vantage to the Dutch, that they had neither a quarterly meeting of the magistrates of each province, nor a General Assembly of all the provinces, for the expenses, allowances and wages of these were a publie charge. The papers were referred to a committee, which submitted a report April 11, 1650. This recommended a liberal and popular policy. All grievances were to be remedied, and Stuyvesant was to be recalled ; the Patroons were to be " obliged to settle their colonists in the form of villages ;" the Nine Men were to be given additional judicial functions, and were to be continued for three years; a burgher government was to be established in New Amsterdam ; the Patroons or their deputies, and delegates from the commonalty, were to choose representatives in the Council ; a judicial system was to be erected in the province; and the colonists, or the Patroons thereof, and the commonalty, were to be convoked on questions of expenditure. The Amsterdam Chamber opposed this " Provisional Order," and submitted a counter proposition merely modifying the original " Privileges and Exemptions." Stuyvesant paid no attention to either.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Civil List and Constitutional History of the Colony and State of New York, Part 4

Author: Publication date: 1886 Publisher: Albany Number of Pages: 1380

Author:
Publication date: 1886
Publisher: Albany
Number of Pages: 1380