Courts and lawyers of New York; a history, 1609-1925, Volume I, Part 25

Author: Chester, Alden, 1848-1934
Publication date: 1925
Publisher: New York and Chicago, American historical Society
Number of Pages: 514


USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume I > Part 25


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43


"Marten Cregier" signed a peace treaty, concluded at the settlement of the Esopus, July 15, 1660, by Governor Stuyve- sant and the sachems of the tribes of the Esopus. In 1663 "Captain-Lieutenant" Martin Cregier was in charge of the garrison at the Esopus, and in treaty of May 16, 1664, he is referred to as of that military rank. Burgomaster Cregier was esteemed by Stuyvesant for his knowledge of military tactics; he superintended the strengthening of the New Amsterdam defences in 1654, when there was imminent danger of attack by New England forces. He commanded a militia company in the operations which ended Swedish dominion on the Dela- ware; and in 1657, when all was not well with the two Dutch settlements in that region, Stuyvesant chose Cregier and another to supercede the two colonial governors, Alcocks and Beeckman. Again, in 1659, when the English from Maryland were causing trouble in the Delaware River territory, Martin Cregier was despatched to the South River in command of an armed force, while Heermans and Waldron proceeded to Maryland as ambassadors. Kregier was one of those intrepid fur traders who are happiest when in the woods, in the midst of danger. His roving inclination prevented him from ac- cumulating much wealth, for he could not settle down to commercial life in the city for long enough to well establish a business; and even in his old age he preferred the frontier to the city, indeed, the last years of his life were spent beyond the frontier, for he lived among or near the Mohawk Indians, on the banks of the Mohawk River. In his trading post at that point he died in 1713. Calculating only from the year in


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which he received a grant of land in New Amsterdam, he had spent seventy years in the province, so that he was probably a nonogenarian in his last years, possibly a centenarian ; his life had been useful as well as adventurous, and there is noth- ing that is not commendable on record regarding this pioneer magistrate of New York City.


Of the few who were in municipal office during the eight months of the second Dutch period, September, 1673, to July, 1674, William Beeckman has been referred to in Chapter XV as a member of the Board of Nine Men.


Johannes de Peyster was the American progenitor of the De Peyster family, which has given many prominent citizens to New York. He was born in Harlem, Holland, about 1620. He first came to New Amsterdam in 1645, not then, however, to settle, it seems. But a few years later he took permanent residence in the province and, if only because of his wealth which was considerable, he at once became recognized as a leading citizen. He was more than a man of wealth; he had "marked accomplishments and ability," and so was capable of rising to prominence in public affairs. In 1653 he was as- sessed one hundred guilders, only eleven persons having higher assessment; and of those who were called upon to "provisionally contribute for putting the city in a state of defence" his name was fifth on the list. In 1654, he was fourth of those who offered money to build the palisades, and in 1655 was sixth on the list of subscribers to defray debt incurred in such work. He was a man of independent means, for his estate produced an income sufficient for his support. He was evidently among the wealthiest citizens of New Am- sterdam, and, it would seem, was a leader in social circles; at least he "was the first man in New Amsterdam who had a fam- ily carriage." His entry into public responsibility was as a cadet of a burgher corps in 1653 ; in 1655 he was appointed to the Schepens Court. He was a schepen again in 1657, 1658 and 1662; was orphan master in 1659 and 1660; was an alder-


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man in 1666, 1667, 1669 and 1673, the year in which the Dutch again temporarily occupied New York, De Peyster assisting in this as burgomaster. He died in 1685. Johannes de Peyster of the next generation was mayor of New York in 1698, and represented the city in the Seventh and Eighth General Assemblies, 1699-1702. In 1705 he was one of the masters of the Colonial Court of Chancery. A greater son of this generation was Abraham, first born of Johannes; in 1700 he was president of the Council and acting governor of New York, and until his death was treasurer of the provinces of New York and New Jersey, as well as chief justice of the Supreme Court and a colonel of militia. Abraham de Peyster built, about 1700, the "first stately dwelling" house erected in New York, at what is now known as Pearl Street, opposite Cedar. The "great garden" of this residence was later the site of the Bank of New York. He was mayor of New York in 1691, and "it was during his mayoralty that the public im- provements in the city received the first impulse towards real progress." Arentz Schuyler de Peyster, who gained a dis- tinguished record during the Revolution, but with the English forces, was referred to by Robert Burns in one of his poems.2a A grandson of Johannes de Peyster was Abraham (2), who was Puisne Judge of the Colonial Court for many years, and


2a. "My honor'd Colonel, deep I feel "Your interest in the Poet's weal."


-See "Epistle to Colonel de Peyster": Complete Works of Robert Burns, Vol. VI, p. 119, Gebbie & Co.


Arent (Arentz) Schuyler de Peyster was a major in the British Army in America during the Revolution. From his headquarters at Detroit, he exercised strong control over the Indian tribes of the Northwest and the Great Lakes. Afterwards, he rose to the command of the regiment-the Eighth, or King's Foot. Later, after retiring from the Regular Army, he settled in Dumfries, Scotland, where, in 1795, he organized and was given the command of the First Regiment of Dumfries Volunteers, which unit was raised to meet possible emergencies of the French Revolution. Robert Burns, the poet, was a private in this regiment; and his "Poem on Life" was addressed to his Colonel, Arentz Schuyler de Peyster. The Colonel survived the poet by more than a quarter of a century; he reached the age of ninety-six years, death coming to him in 1822, at Dumfries.


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Treasurer of the Colony from 1721 until 1767, the two Abra- hams de Peyster, father and son, having held that office for sixty-one years. Another of the family, Frederick de Peyster, succeeded to the office in 1767. John de Peyster was twice mayor of Albany, 1729 and 1732, and was the first.surrogate there, 1756-66. Several of the family served on the American side during the Revolution, and a later generation was headed by John Watts de Peyster, who was a brigadier-general during the Civil War, and adjutant-general of New York in 1855.


Johannes Pietersen van Brugh, one of the burgomasters of New Amsterdam in 1673, had been connected with that court for many years. He was a schepens from 1655 to 1665. He came to New Netherland in 1650, as a commissary of the West India Company, but soon became a merchant in New Amsterdam, succeeding well. He had a farm outside the city limits, as well as a city residence, on Hoogstadt (Pearl) Street). He was orphan master of New Amsterdam in 1663. William Beeckman, who was fellow-burgomaster with Van Brugh in 1674, married a daughter of the latter.


Pieter Wolphertsen van Couwenhoven, who was one of the first magistrates of New Amsterdam, a schepens in 1653, had then been twenty years in the province, engaged in trad- ing and milling. He was also a brewer. He was a delegate to the memorable convention of December, 1653, was a schepen in 1653, 1654, 1658, 1659, 1661 and 1663, was surveyor- general of New Netherland in 1655, and was orphan master of New Amsterdam in 1655, 1657-59 and 1662. He was a lieu- tenant under Captain-Lieutenant Martin Cregier in the ex- pedition against the Esopus Indians, and distinguished himself in that campaign. His last years were spent upon his farm in New Jersey. He signed the instrument extinguishing the Indian title to Pavonia in 1658, acting as interpreter in those negotiations by which that part of old Bergen County, New Jersey, east of the Hackensack River and Newark Bay was sold for eighty fathoms of wampum, some cloth, a few kettles,


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guns and one-half barrel of strong beer. This cleared the way for the founding of Bergen, which was incorporated in 1661, and is now part of Jersey City.


Johannes Nevius, a schepen and also secretary of the court of New Amsterdam, was born about 1627 in Zoelen, in the Netherlands, son of Johan Neeff, or Nevius, a graduate in divinity of the University of Leyden. Johannes also studied at that university, but entered business life instead of the ministry. After coming to New Amsterdam, he became a merchant and importer. He was appointed to the municipal court in December, 1654, to succeed Joachim Pietersen Kuyter as schepen, after the murder of the latter by Indians. For a schepen Nevius was fairly well versed in the law, and was often called upon to arbitrate. He was the first clerk of New York under English rule, being appointed to that office in 1665. The Nevius family has continued in New York State, a dis- tinguished scion of the eighth American generation being Dr. John Livingston Nevius, who was a missionary in China for forty years from 1853. In 1860 Dr. Nevius established the first Presbyterian mission opened in Japan, and later helped to translate the Bible into Chinese.


Jacob Stryker settled in New Amsterdam in 1652; he was of the great burgher class, and evidently possessed of means, for he soon acquired real estate and a farm on Long Island. He was a trader in New Amsterdam. He was orphan master of New Amsterdam in 1663, and in that year was a delegate of New Amsterdam to a convention of Dutch towns, Jan Stryker representing Flatbush at the December, 1653, con- vention, and also that of 1663, 1664, 1665 and 1674. Jacob Stryker was chosen as one of two representatives of the Dutch inhabitants of the Long Island towns of Flushing, Jamaica, Newtown and Hempstead to attend the 1674 convention called by the last Dutch governor. By which one would infer that the Strykers were of a leading family of that time in New York and vicinity. In later generations one branch of the Stryker family became prominent in Trenton, New Jersey.


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Adriaen Blommaert probably was of the family of Patroon Blommaert, a director of the West India Company ; Jeron- imus Elbingh was a merchant who dealt extensively in peltries ; Jacob Kip was referred to by Van Tinhhoven as a tailor ; and Isaac Gravenraet, who was a schepen in 1664, had a dry goods store in New Amsterdam. Jacques Cosseau was a schepen in 1662, 1663 and 1665, and in 1664 was one of the Dutch commissioners deputed to negotiate terms of surrender of New Amsterdam to the English ; he was of French Hugue- not origin, and became one of the wealthiest wholesale and retail merchants of New York.


Christophel Hooghlandt (Hoogland, Hoagland), who first appears in public records as a schepen of New Amsterdam in 1655, was born in Harlem, Holland, and was but a youth when he emigrated to New Amsterdam. "Hoagland was an established family name of considerable antiquity in the Neth- erlands, it being traced back at least a century in Zeeland and Utrecht, and quite as far back in a collateral line of the viscounts and governors of Dormael in Brabant, who claimed descent from the ancient lords of Hoogelant." Christoffel Hooghlandt was at first a clerk in a mercantile house in New Amsterdam, but was independently established soon after he attained his majority. In 1655 he became a schepen. He was in that office again in 1664, and from 1668 to 1678 was alderman under the British administration, with the exception of the brief period of Dutch rule, 1673-74, when he was again a schepen. In the seventh American generation from Christof- fel Hooghlandt was Dr. Cornelius Nevius Hoagland, a famous physician of Brooklyn; the latter founded the Hoagland Lab- oratory at Brooklyn, and was a regent of the Long Island College Hospital.


Jacobus Bancker, a schepen of 1660 and in a later year president of that body, owned much property in New Amster- dam, where he was a storekeeper. He did considerable im- port and export trade, and was frequently in Holland, where


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he was well known. Once, in 1663, when in Holland, he was called upon by the government for his opinion as to the state of provincial affairs in New Netherland. In the next year he was one of the two representatives of New Amsterdam at the convention of delegates of Dutch towns, called together by Governor Stuyvesant in April, 1664, to consider measures of defence in the possible struggle with English forces. A little later in that year Jacobus Bancker was one of those Dutchmen of New Amsterdam who had the courage to risk official displeasure by signing terms of capitulation with the English commander. In later generations several of the Bancker family entered prominently into public affairs in New York State. Evert Bancker, of New York, was of the Com- mittee of One Hundred in 1775; was a Deputy to the Provin- cial Congress, 1775-76; was a member of the Council of Safety, in 1777; was Speaker of the New York Assembly in 1780. Abraham Bancker, of Richmond, was a delegate to the first State Convention of New York, 1788, and was Presidential elector in 1804. He was a member of the first Board of Regents of the University of the State of New York, consti- tuted under the act of May, 1784.


Timotheus Gabry, who was a schepen of New Amsterdam in 1660, 1661, 1662 and 1664, had his first experience of col- onial life in the unsuccessful Dutch colony established on the Delaware. Of that colony he was secretary ; and after it was abandoned in 1658 he came to New Amsterdam. He was a man of superior education, and in 1661 was advanced in pro- vincial office under Stuyvesant, being appointed vendue mas- ter. To some extent his influence in official quarters was due perhaps to the fact that he married Margaret Stuyvesant, a half-sister of the governor.


Nicholas (Nicolaeus) de Meyer, who at one time was a schepen of New Amsterdam, became mayor of New York in 1676, and for many years was an alderman. He came to New Netherland in early manhood, and in 1655 married a daughter


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of Schout-Fiscal Hendrick van Dyck. He traded in peltries and did considerable business as an exporter and importer. He died in New Amsterdam in 1690, leaving to his six children a substantial fortune in large estates on Manhattan Island, in England, and also in Holland. One of his daughters mar- ried Philip Schuyler.


Gelyn (Gulian) Verplanck, one of the last schepens of New Amsterdam, was the son of Abraham Isaac Ver Planck, who was the Abram Planck listed in provincial records as a member of the first representative citizens' body formed, the Twelve Men in 1641. Shortly after Kieft arrived in New Netherland Abraham Isaac ver Planck (Abraham Isaacssen Verplank) secured from him (on May 31, 1638,) a grant of the whole of Paulus (Powles) Hook, "being that section of pres- ent Jersey City located in general south of First Street, ex- tending back to the foot of the hill, and bounded on the east and south by the Hudson River and South Cove." He had as under-tenants at Paulus Hook Gerrit Dircksen Blauw, Cor- nelis Arissen, and others, and tobacco was raised on the plan- tation. But in 1643 all the buildings were burned by the Indians, and the settlers had to seek refuge in Fort Manhat- tan. Still Verplanck had paid only $450 for the estate. From that year Abraham Isaac Verplanck lived in New Am- sterdam, and was among those who took the oath of allegiance to the English in 1664. His son, Gulian, (Gelyn), became a prominent New York City merchant, was an alderman in 1683, and was one of the founders of Fishkill, New York. Paulus Hook remained in the Verplanck family until 1698, when it was purchased by Cornelis van Vorst (2d). Many of the Verplanck family have reached prominence in the public affairs of New York State. Philip Verplanck married into the Van Cortlandt family, and represented Cortlandt in the Twentieth Colonial Assembly, 1728-37; in 1746 he was one of the New York commissioners appointed to confer with other colonies as to French and Indian troubles. One Gulian Ver-


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planck was Speaker of the State Assembly in 1788-89 and 1796- 1797. He was a regent of the University of the State of New York, and first president of the Bank of New York, founded in 1791. Another branch of the family settled in Buffalo in the last century; Isaac A. Verplanck was a judge of the Superior Court of Buffalo from its organization in 1854 until his death in 1873; he was chief judge from 1870.


Francis Rombout, a schepen in 1664, was, it would seem, the Francis Romboult who was mayor of New York in 1679. Stephen van Cortlandt, who was a schepen in 1664, was probably the Stephanus van Cortlandt who was mayor of New York in 1677 and again in 1686. In 1678 Stephen van Cortlandt was judge of the Court of Admiralty; in 1687 he was deputy auditor-general ; in 1688 he was colonial secretary ; and for eight previous years had been a member of the Gov- ernor's Council. In 1698 he was a commissioner of the Port of New York. In 1696 he was appointed principal surrogate of the Prerogative Court, and in 1700 became chief justice of the Supreme Court. Philip van Cortlandt (1749-1831), was made a brigadier-general for bravery at Yorktown; was a delegate to the State Convention which adopted the United States Convention in 1788; was a State senator in 1791-94; member of Congress, 1793-1809; and in 1824 he accompanied Lafayette in his tour through the United States. Pierre van Cortlandt was the first lieutenant-governor of the State of New York, chosen in 1778; and he was the first vice-chancel- lor of the University of the State of New York, appointed in 1784. He sat as a senator the first session of the State Sen- ate, and became its president in June, 1778, when chosen as lieutenant-governor. Several other scions of this old New York family have made enviable records in public life in the State.


As stated in Chapter XI, the towns and villages outside of New Amsterdam were not satisfied until they were also per- mitted to come under the advantages of burgher government.


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Some had inferior courts, or some measure of local jurisdic- tion earlier than 1653, when the New Amsterdam Court of Burgomasters and Schepens began to function. Quoting Chester's "Legal and Judicial History of New York," Vol I, page 134, et seq., the magistrates were as follows:


Fort Orange, 1654-1664-Sander Leendertsen, Pieter Hart- gers, Frans Barentsen, Pastoor, Jan Verbeck, Jan Tomassen van Dyck, Volckert Jansen, Rutger Jacobsen, Andries Herbertsen, Dirck Jansen Croon, Jacob Jansen Schermerhoorn, Philip Pieter- sen Schuyler, Goosen Gerritsen van Schlack, Abraham Staats, Adrien Gerritsen, Francis Boon, Evert Jansen Wendel, Gerrit Slechtenhorst, Stoffel Jansen, Jan Hendrick van Bael, and Jan Kostersen van Aecken.


Willemstadt, 1673-Gerrit van Slechtenhorst, David Schuy- ler, Cornelis van Dyck, and Peter Bogardus.


Schenectady, 1673-Sander Leendertsen Glen, Herman Ved- der, and Barent Janse.


Wiltwyck, 1661-1664-Evert Pels, Cornelis Barentsen Slecht, Albert Heymans, Tjerck Chaessen de Witt, Albert Gysbertsen, Thomas Chambers, Gysbert van Imbrock, and Jan Willemsen Houghtaling.


Swaenenburgh, 1673-1674-Cornelis Wyncoop, Roeloff Kier- stede, Wessel Ten Broeck, Jan Burhans, Joost Adriaensen, and Cornelis Hoogeboom.


Hurley, 1673-1674-Louis de Bois, Roeloff Hendricksen, and Adriaen Albertsen Roose.


Marbletown, 1673-1674-Jan Jopsten, Jan Broersen, and Wil- liam Jansen Schudt.


Breukelen, 1646-1674-Jan Evertsen Bout, Huyg Aertsen van Rossum, Frederick Lubbertsen, Albert Cornelissen Wantenaer, William Brendenbent, Joris Dirksen, Peter Cornelissen, Joris Rapelje, Teunis Nyssen, Peter Montfort, William Gerritsen van Couwenhoven, Teunis Jansen, Thomas Verdonck, Teunis Gys- bert Bogaert, Thomas Lammertse, and Rem Jansen.


Midwout, 1654-1673-Jan Stryker, Adriaen Hegeman, Jan Snedecker, Thomas Swardwout, Peter Lott, William Jacobse van Boerum, William Guiljamsen, William Willemse, Jan Sned, Jan Stryck, Hendrick Jorissen, William Guilliamsen, Auke Janse.


Amersfoort, 1654-1673-Elbert Elbertsen, Nicholas Stillwell, Cornelis de Potter, Peter Claessen, Martin Jansen Breuckelen, Coort Stevensen, and Abram Jorissen.


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New Utrecht, 1659-1673-Jan Tomassen van Dyck, Jacobus van Corlaer, Rutger Joosten van Brunt, Jacob Hallekens, Bal- thazar Vos, Jacob Pietersen, Francis de Bruyn, Thomas Jansen van Dyck, Hendrick Mattyssen Smack, Jan van Deventer, and Jan Gysbertse van Meteren.


Boswyck, 1661-1673-Peter Jansen de Witt, Jan Tilje Letelier, Jan Cornelissen Zeeauu, Ryck Leydecker, Jan Catjouu, Gysbert Teunissen, Barent Joosten, David Jochimsen, John Lequier, Hen- drick Barentse Smith, and Volckert Dirckse.


Gravesend, 1650-1674-George Baxter, William Wilkins, Nicholas Stillwell, James Hubbard, William Bowne, Edward Brouse, Thomas Spicer, John Cooke, Samuel Spicer, Richard Stillwell, John Emans, Barent Jurisensen, John Tilton, and Sam- uel Holms.


Middleburgh, 1652-1673-Thomas Hazard, Robert Coe, Rich- ard Gildersleeve, Henry Feake, Richard Betts, William Palmer, John Coe, Edward Jessup, Ralph Hunt, Jonathan Fish, Samuel Coe, John Layton, Francis Swaine, William Bloomfield, John Cochrane, John Burroughs, John Ransden, and Jonathan Hazard.


Flushing, 1648-1673-John Townsend, John Hicks, William Toorn, John Underhill, Thomas Saul, Robert Terre, William Lawrence, Edward Farrington, William Noble, William Hallett, John Hinchman, Francis Bloetgoet, and Richard Wildie.


Hempstead, 1647-1673-Richard Gildersleeve, John Seaman, John Hicks,


Coe, Daniel Whitehead, John Strickland, William Washburn, Robert Ashman, Robert Forman, Robert Jacksen, John Smith, and William Jacobs.


Rutsdorp, 1659-1673-Benjamin Coe, Samuel Matthews, Richard Everett, John Townsend, Nathaniel Denton, Andrew Messenger, Robert Coe, Daniel Denton, John Strickland, Thomas Benedict, John Carpenter, and Robert Ashman.


Oyster Bay, 1652-1673 -- John Richbell, Robert Ferman, Nich- olas Wright, Thomas Townsend, and Nathaniel Coles.


Huntington, 1673-1674-Joseph Whiteman, Isaac Platt, Jonas Wood, and James Chichester.


Seatalcot, 1673-Richard Woodhull, and John Bayles.


Southampton, 1673-Edward Howell, and Joshua Barnes.


Easthampton, 1673-John Mulford, and John Stretton.


Southold, 1673-Thomas Hudson.


Haarlem, 1660-1673-Jan Pietersen Slot, Daniel Terneur, Peter Cressau, Johannes la Montagne, Philip Cassie, Dirck Claes- sen, Michael Muyden, Johannes Verveelen, Resolved Waldron,


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David des Marest, Joost van Oblinis, Arent Hermans, Jan Peter- sen Harling, Andriaen Cornelissen, Jacob Pietersen de Groot, and Wolfert Webber.


Westchester, 1656-1673-Thomas Wheeler, Thomas Newman, John Lord, John Smith, Josias Gilbert, Nicholas Bayley, Thomas Veall, Thomas Mollinaer, Edward Waters, Robert Heustis, Wil- liam Betts, John Barker, Nicholas Bayley, Edward Jessup, Joseph Palmer, and Richard Panton.


Mamaroneck, 1673-John Busset, and Henry Disbrow.


Fordham, 1673-Johannes Verveelen, Michael Bostiaensen, and Valentine Claessen.


Eastchester, 1673-John Hoit.


Staten Island, 1664-1674-David D'amarex, Pierre Bilyou, Walraven Lutten, Tyse Barentse, - Leerdart, Jan Willemse, Gideon Marlet, and Nathan Whiteman.


Regarding some of these magistrates a little is on record. Jan Verbeeck represented Fort Orange in the convention of Dutch towns in 1664, and he was one of the orphan masters at Fort Orange in 1657. Jan Jansen Schermerhoorn was later of Schenectady, and represented that district in Leisler's As- sembly of 1690. The family is still one of the oldest of that city. Philip Pietersen Schuyler came from Amsterdam, Hol- land, to Rensselaerswyck about 1650. In December of that year he married Margaret van Slichtenhorst at that place; and they are the projenitors of the Schuyler Family in America.3 Peter Schuyler, their son, was the first mayor of


3. The relations with the Five Nations (Iroquois) were from the begin- ning under the immediate supervision of Albanians; but were at first principally in charge of Philip Pieterse Schuyler, who came from Amster- dam, Holland, and settled in Albany, then Beverswyck. December, 1650, he married Margitta van Slichterhorst, by whom he had ten children. He was a trader or merchant, and in his business transactions had much to do with the Indians, whom he always treated fairly and honorably. They be- came much attached to him, the chiefs visiting him socially at his house in the city, and on his farm four miles north of Albany. Near his residence in the city he built a house especially for their entertainment. In 1655 he attended a convention held with the Mohawks, as a delegate from Albany, after which time he had much to do with the varied and frequent negoti- ations with the Indians of the Five Nations. He assisted in inaugurating the Indian policy pursued by his son, the celebrated Peter Schuyler. He was appointed a magistrate of Albany in 1656, a position he held, with an




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