USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume I > Part 35
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*AUTHORITIES-Bryant's "History of the United States"; "Records of the Township of Newarke," compiled by William A. Whitehead and Sam- uel Hi. Conger for N. J. Hist. Soc. ; Chester's "Legal and Judicial History of New York"; Macaulay's "History of England"; Werner's "Civil List of New York," 1888 edition; Ridpath's "History of the World"; "History of Bench and Bar of New York" (1897) ; "Documents Relative to the Col- onial History of New York," by O'Callaghan; "Records of New Amster- dam"; Brodhead's "History of the State of New York"; "New Netherland Register"; Eastman's "Courts and Lawyers of Pennsylvania."
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Hemmed in, as New Netherland was, by English colonies, much more populous, the Council of War must have realized that quick measures to strengthen their hold of the province were necessary, if they would hold back the English, who could and would probably unite to retake it, as soon as they had recovered from their astonishment.
However, that was the concern of the Council of War, it did not greatly worry the average New York citizen. Indeed, the coming of the Dutch, after the first day or so brought little excitement to New York City; the inhabitants were more concerned in what effect the change of government might have on their trading than in the government itself. They were getting used to bloodless revolutions. The sur- prisingly uneventful days they had lived through when Dutch rule had given way to English, in 1664, led them to anticipate nothing very exciting in the present change. They were not disillusioned.1 In fact, the normal daily routine of the average New Yorker was hardly disturbed. Those who concerned themselves with public affairs found some important reorgan- ization work before them, but the average inhabitant was able to go about his daily affairs without the least excitement or political concern.
I. Mayor, aldermen and sheriff gave place in name as well as officially, and burgomasters, schepens and schouts were again hailed as magistrates. Dutch supremacy was asserted, and Dutch influences were again felt to be paramount in all the relations of society.
But the affairs of every-day life soon resumed their usual channels. Personal hostilities, perhaps, may have seized such an opportunity for their indulgence, but now as nine years before, there seems to have been little disturbance of the neighborly harmony and friendship existing be- tween the two peoples. Here, indeed, was then no large city; no dan- gerous class was hidden away in dark cellars and obscure attics, to swarm in unexpected numbers, ready for bloodshed and plunder at the first sign of temporary anarchy. But, nevertheless, the capture of New Amsterdam by the English and the recapture of New York by the Dutch are among the most remarkable instances in history of peaceful revolutions. There was the confiscation of public property . . . but the private suffering seems to have been hardly enough to be counted as an act of war .- Bryant's "His- tory of the United States," II, 349.
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Dutch residents of New York, who in the past had taken part in public affairs became active with the Council of War. Delegates were chosen "to confer with the Council of War at the fleet on behalf of the commonalty," and these delegates2 were instructed by the Council of War "to convoke the com- monalty here in the City Hall as soon as possible and to cause them to nominate six persons as burgomasters and fifteen as schepens, to wit, from the wealthiest inhabitants and those ony who are of the Reformed Christian Religion, from whom the said Commanders and Council of War" would elect some "as Magistrates of this City." This direction was given on August 12th, only five days after the Dutch fleet had first appeared off New York. Accordingly, four days later, nomi- nations were made,3 and from the list the Council selected those who were to again bring the city under burgher govern- ment. They appointed three burgomasters, Johannes van Brugh, Egedius Luyck and Johannes de Peyster. The six schepens chosen were Jeronius Ebbingh, William Beeckman, Jacob Kip, Gelyn Verplanck and Louwerens van der Spiegel; and Anthony de Milt became schout.
The principal object in establishing burgher courts was, it seems, the organization of a system of defence. The burgo- masters, with the captains of militia, were to exercise almost military authority in their districts, arm the militia, and keep them well in hand for rapid mobilization, when need arose. The five Dutch towns of Long Island, therefore, were next dealt with. In these towns, Midwout, Breukelen, Amersfoot, Utrecht, Boswick, and also Gravesend and Staten Island, courts of the schout and schepens quickly superseded the con-
2. Cornelis Steenwyck, Cornelis van Ruyven, Johannes de Peyster, Johannes van Brugh, Martin Kregier and Nicholas Bayard.
3. Cornelis Steenwyck, Cornelis van Ruyven, Johannes van Brugh, Martin Kregier, Egadius Luyck, Johannes de Peyster and Nicholas Bayard, for burgomasters; Jeronimus Ebbingh, Willem Beeckman, Balthazzar Bayard, Steven van Cortlandt, Rynier Williamsen, Jan Vinge, Conraet Ten Eyck, Jacob Kip, Gelyn Verplanck, Louwerens van der Spiegel, Fran- cois Rombouts, Adolf Pietersen, Peter Jacobsen and Peter Stantenburgh, schepens.
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stable's courts. Jacob Strycker, of Breukelen, became schout of the Dutch group of towns, in each of which four schepens were named. Staten Island was administered by a schout and two schepens, Pieter Biljou having the former responsibility. The English group of towns on the western end of Long Island-Flushing, Jamaica, Middleburg, Oyster Bay and Hempstead-had no other sane course than to yield to the Dutch, for they realized that those were war times, and the naval commanders might upon little provocation deal sternly with resistance by Englishmen within the province. Not long afterwards, the Dutch governor issued a proclama- tion to make it generally known that negligence to cooperate with the government might bring death to the negligent, "as an example to others." So, in each of the English towns on the western end of Long Island three schepens were soon ap- pointed, with William Lawrence as schout of the group. Francis de Bruyn was appointed secretary of the courts of the Dutch towns, and Carel van Brugg of the English towns of that part of Long Island. The five towns of the eastern end of Long Island-Southampton, Easthampton, Southold, Seatucket and Huntington of the East Riding of Yorkshire- were farther from the military arm, and were not brought under governmental control so quickly. They perhaps did not much regret the passing of the Lovelace administration, for they had long been agitating for annexation by Connec- ticut. But they did not at all like the thought of Dutch rule. In the situation thus presented they looked to Connecticut ; and the Dutch demand had to take peremptory tenor, with evident force and dire penalties, before these towns bowed to the inevitable, and accepted local government by two schepens of each town, with Isaac Arnold as schout and Henry Pierson as secretary.3a
3a. Connecticut resolved to do what she could to retain eastern Long Island, at all events. The authorities at Hartford sent a threatening letter to Colve, by a special messenger; and at the same time two commissioners
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The towns of New Jersey were quickly converted to the Dutch system. The case of Bergen has been stated in Chap- ter XVI. Some of the town records of Newark might be quoted4 to show how apprehensive the Dutch authorities were of ultimate attack by the English. New courts of justice were established in New Jersey (Achter Col) and also on the Del- aware (South) River, where allegiance was eagerly vol- unteered.5
No difficulty, in this respect, was experienced in the towns of the upper Hudson. Jan Gerritse van Mark became schout at Schenectady, and schepens were appointed for Swaenburg, Hurley and Marbletown. For the town of Esopus Isaac Graevenraet was made schout and William Montagne secre- tary. "For Willemstadt and Rensselaerswyck, Andrew Drayer, who was commander at Fort Nassau, was appointed schout and Johannes Prevoost secretary of the court. Four schepens were appointed for Willemstadt and three for Rens- selaerswyck; the schepens of Willemstadt were Gerrit van
were appointed to visit the island, ascertain the state of affairs, and warn such Dutch authorities as they might find there of the possibility of extreme measures. To the letter Colve replied sharply, that it was "impertinent and absurd," and that he could hardly credit its coming from Winthrop. The commissioners were met off the Long Island coast by three officers whom Colve had previously sent out to visit the eastern towns and receive their submission. Treating each other civilly, the two parties of commis- sioners went together to Southold, where the Englishman triumphed, insofar as to find the inhabitants almost unanimously in their favor, so that Colve's men retired without accomplishing anything. The Connecticut messengers returned to Hartford and reported, and some volunteers were sent over to help the Long Islanders. But no conflict followed, and the whole matter went over quietly until it was swallowed up in the more important events which were soon to follow, (Cession of New Netherland to England by the Treaty of Westminster, March 6, 1674) .- Bryant's "History of U. S.," II, 351.
4. At Town Meeting of August 4 (O. S.) 1673, it was agreed "that we should join with the rest of the Province, to agree with the Generals at N. Orange, to have a privileged County between the Two Rivers Pas- saick and Araritine (Passaic and Raritan). .
"August 12, 1673. Mr. Crane, Mr. Bond, Sarjt. John Ward, Mr. Bruen, Stephen Freeman & John Curtis are nominated Magistrates.
"August 30, 1673. Lieut. Samuel Swain and Thomas Johnson are nominated for Captains, Sarj't John Ward and Josiah Ward are nom-
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Slechtenhorst, Davis Schuyler, Cornelis van Dyck and Peter Bazardes."6
By the end of September the reorganization of the province had advanced far enough to permit the greater part of the fleet to depart for other waters, where they might be more needed in the war against England. On September 27, 1673, the two Dutch admirals departed with all their ships of the line except two. These they left with Captain Anthony Colve, whom they appointed Governor-General of the regained New Netherland, "with all its appendencies." They quite realized that the future was uncertain, for the governments of the English colonies had been actively considering united aggres- sive action to oust the Dutch from the continent. But they were needed elsewhere, and their colleague, Captain Colve, might perhaps-with the aid of the organized Dutch militia of the loyal towns-be able to stave off attack until reinforce- ments could reach New Orange from Holland. Cornelis van
niated for Lieutenants, Sarj't Richard Harrison and Mr. Samuel Harrison are nominated for Ensigns."
Town Meeting of September 24th, 1673. Item. "It was also by the Magistrate's order published, that, in consideration of the present Danger, and fear of what inay further ensue, We do, therefore, require that every Man in our Town under Sixty and above Sixteen years of age, shall meet together with their arms well fixed, upon Eight of the Clock on the first day of October, which is this day Senight, upon the Penalty of five Shil- lings. The Ammunition for each Man to bring with him being half a Pound of Powder and Twelve Bullets fir for his gun, or Tow Pounds of Pistol Bullets, and upon that Day the Soldiers shall chuse the rest of their officers."
As late as July 10, 1674, it did not seem to be known in the Province that by the terms of the Treaty of Westminster the province again passed under English dominion. Town report of June 29 (O. S.) 1674, has an entry reading: "It was voted that there shall be a petition sent to the Gov- ernor (and Council) for the obtaining of a Confirmation of our bought and paid for lands, according to the General's promise."-"Township Records of Newarke," compiled by Wm. A. Whitehead and Samuel H. Conger for the New Jersey Historical Society.
5. Peter Alrichs, Bailiff General of New Castle and the Delaware, promptly gave his adhesion to the new government, and as a reward was appointed sheriff or commandant of the South River by Colve on Septem- ber 19th. He was instructed to get the inhabitants to nominate eight per- sons as magistrates for each of the three courts, with districts as follows :
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Ruyven, bearing urgent appeals for such aid, had sailed for Holland in September.7 So, the Dutch fleet sailed away, and Governor-General Colve was left to his difficult task. In the work he was aided by a councillor, a secretary, and regis- trar. Cornelis Steenwyck, as councillor, was "to assist in the direction of all cases relative to justice and police, and further in all such military concerns both by water and by land, in which the governor shall deem proper to ask his advice and assistance to administer justice both in civil and criminal cases."8 Matthias Nicolls, as may be supposed, had no part in the Colve administration, Cornelis van Ruyven being ap- pointed Provincial Secretary, although in his absence Nicolas Bayard, who was appointed secretary of New Orange, also acted as registrar of New Netherland. Captain Willem Knyffe became schout-fiscal of New Netherland, thus, of course, being public prosecutor in the higher court.9 When,
One Court of Justice for New Amstel, to which provisionally shall resort the inhabitants dwelling on the east and west banks of Kristina kill unto Boomties Hook, with those of Apoquenamins kill inclusive.
One Court of Justice for the inhabitants of Upland, to which pro- visionally shall resort the inhabitants both on the east and west banks of Kristina kill and upwards unto the head of the river.
One Court of Justice for the inhabitants of the Whorekill, to which shall provisionally resort the inhabitants both on the east and west sides of Cape Hinloopen, unto Boomties Hook aforesaid.
Reversion to English personnel did not take place until November 2, 1674.
6. Chester's "Legal and Judicial History of New York," quoting the "New Netherland Register," p. 71.
7. Governor Colve . . . and his compatriots, exultant as they were over the restoration of its lost jewel to the Fatherland, trembled when they thought of their weak condition, surrounded by and mingled with the enemies over whom they had achieved their victory. Reinforcements, which the schout and schepens of New Orange had already written for, must be sent out at once, and Holland must take them under their especial protection ; for it was not to be expected that the few thousands of sub- jects which the States had in America could long withstand the anger and retaliation of the French and English, by whom New Netherland was sur- rounded. Secretary van Ruyven, sailing for home in September, had been charged with these urgent appeals; but his vessel almost suffered ship- wreck, had to put into Nantucket, whence the secretary, to the surprise and disappointment of every one, made his reappearance in New Orange during the following November. The news he carried was destined to
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to the surprise of everybody, Van Ruyven came into the prov- ince, via New England, in November-his ship having been forced by storms into Nantucket, and there seized by Massa- chusetts in September-he took his place as a member of the Governor's Council, which, as under the former Dutch system, became the superior court of the Province.10
"Instructions issued by the governor to the schouts and magistrates outside of New Orange, bearing date of October I, 1673, show the jurisdiction and powers of the local tribunals. It was directed that in all cases relating to police, security and peace of the inhabitants, also to justice between man and man, should be finally determined by the magistrates, to the amount of and under sixty florins, beavers, without appeal. If the sum was in excess of that amount, the aggrieved party might appeal to a meeting of the schout and councillors delegated from the villages subject to the jurisdiction of the schout.
reach Holland by other hands. Would it arrive in time to secure the Province from the possibility of English recapture-Bryant's "U. S.," II, 351.
8. "Documents Relative to the Colonial History of New York," Vol. II, 611.
9. "to take care that the sovereign jurisdiction and domain of their High Mightinesses and his Serene Highness over this Province be duly maintained without suffering anything to be directly or indirectly attempted to the prejudice or injury thereof; also to apprehend and prosecute all malefactors, whether criminal, political or military, who have committed anything against the Province or its supreme magistracy; likewise to pay particular attention that all scandals, irregularities and ungodliness be driven from the Province; moreover, that good laws and justice be ad- ministrated without respect of persons and in all courts of justice within this province, according to the laudable customs, laws and ordinances of our Fatherland, stern to execute all placards and ordinances, also all sen- tences and judgments of the supreme magistracy, according to their tenor, and to prosecute all law breakers as they deserve."-Ibid, II, p. 669.
10. Cornelis van Ruyven was soon added to the Council, which as thus constituted was the superior court of the province. The city magistrates were also consulted when affairs of importance came up. Administration of law in the towns was entrusted primarily to district courts similar to the English courts of session. Two courts on the Island of Manhattan, one in the Bowery village, just north of the city proper on the east side, and the other in Harlem, were subordinate to the city court."-Chester's "Legal and Judicial History of New York," I, 182.
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For this purpose one person was to be annually appointed from each village; and all were directed to assemble in a con- venient place to be selected by them, and power was given to them to pronounce final judgment to the amount of two hun- dred and fifty florins, beavers. But in all cases exceeding that sum, either party should be entitled to an appeal to the Governor-General and Council. It was ordered that in case of an inequality of votes the minority should submit to the majority ; but those who were of a contrary opinion should have that opinion recorded in the minutes, but should not divulge it without the meeting under pain of arbitrary correc- tion. All criminal offences were to be referred to the Gov- ernor-General and Council, but smaller offences, such as quar- rels, abusive words, threats, fisticuffs and such like, were left to the jurisdiction of the magistrates of each particular village. The magistrates were also empowered to make ordinances for the government of their districts, relating to petty offences, provided they were conformable to the law of the Fatherland, the same to be first approved by the Governor-General and Council."11
The first three months of the Colve administration were anxious ones to the Dutch governor, who knew that the New England governments were putting "their heads together." Perhaps he did not know that they had failed to agree on any united campaign.12 Still, he preserved a bold front, settled
II. "Ibidus," I, 183.
12. New England was naturally both indignant and alarmed to hear that the Dutch were again established on its borders. The commissioners of the colonies met at Hartford early in September, less than a month after Evertsen's easy conquest, and passed a recommendation that each member of the New England confederation made preparations for defence against a possible Dutch attack. Nor were those wanting who urged upon the meeting a more aggressive policy. But want of union, and a natural disinclination for war, prevented. Massachusetts refused to take advantage of the offer of an English captain, whose ship lay at Boston, to retake New York with no other aid than that of supplies and a reinforcement. Unless the conquered region could be annexed to her own territory, that colony did not care to engage in any efforts for the recapture of New York. Plymouth was indifferent in the matter, so long as freedom from Dutch interference with her coasters was secured .- Bryant's "U. S.," II, 351.
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the Connecticut danger, as to the Long Island towns of the East Riding-at least for the moment; and in November, when he heard that De Ruyven's ship had been confiscated by the Massachusetts authorities, he promptly retaliated by seiz- ing four Massachusetts coasters, whereupon Massachusetts "fitted out a war vessel."13 But the year passed without seri- ous strife, and Colve pursued his plan of preparing for what he felt would happen after winter had passed. By March, 1674, he had the defences of Fort Willem Hendrick so completely repaired, and his militia forces so well organized, that he felt he could withstand whatever attack might be attempted by forces from New England. What would happen if England also should send an expedition against him he may not have tried to imagine. Still, he took every possible measure to make the most of what fighting material he had in the colony, ordaining that every male between sixteen and sixty years should be enrolled in the militia units, evasion of this being even punishable by death. But, notwithstanding that his was to all intents a military government, and that he could not safely excuse any act, or permit any institution to exist that might endanger his government, it cannot be stated that his administration was an arbitrary one. He, of course, set aside the English courts, for he wished all local government to be in the keeping of his own countrymen ; but his adminis- tration was too brief to make much impression on the judicial history of the province. "His provisional instructions for the
13. There was a momentary prospect of direct conflict with Massachu- setts, excited by Colve's prompt confiscation of four Massachusetts coasters, in retaliation for the carrying away of the wreck of Van Ruyven's vessel from Nantucket, as the prize of an English privateer. Massachusetts fitted out a war vessel and made some preparations for reprisals. But she did nothing more; nor did Plymouth, in spite of the urging of Connec- ticut. Rhode Island did not belong to the New England confederacy, and so what warlike measures they took were of precautionary character, hav- ing more to fear from New Netherland than the latter had from herself. As the year 1673 closed, the rivals in America occupied, in common, a posi- tion of passive hostility, the Dutch being probably the most apprehensive.
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schout, burgomasters and schepens of the city of New Orange was about as far as he went in relation to legal matters. This ordinance, which was issued on January 15, 1674, has been generally known as the Colve Charter,14 although it is in no sense a city charter ; it defined the duties of the magistrates and the functions of their court. It embraced some new features relating to local government, particularly in giving increased power in criminal cases to the board of burgomas- ters and schepens, and in providing that the schout fiscal should preside at the meetings of the board in the absence of the governor, instead of permitting the burgomasters and schepens to elect one of their own number for presiding officer."
But Colve's efforts availed not. The Dutch had lost so severely at sea that he might have looked long but in vain for naval aid. De Ruyter had not recovered from the effects
14. The ordinance known as the Colve Charter reads as follows : "Ist. The Schout and Magistrates, each in his quality shall take care that the Reformed Christian Religion conformable to the Synod or Dordrecht shall be maintained, without suffering other Sects attempting anything contrary thereto.
2. The Schout shall be present at all meetings and preside there unless the Honble, Heer Governour or some person appointed by him be present who then shall preside, when the Schout shall rank next below the young- est acting Burgomaster. But whensoever the Schout acts as Prosecutor on behelf of Justice or otherwise, having made his complaint, he shall then rise up and absent himself from the Bench during the deciding of the case. 3. All matters appertaining to the Police, Security, and Peace of the Inhabitants, also to Justice between man and man shall be determined by final Judgment by the Schout, Burgomasters and Schepens aforesaid, to the amount of Fifty Beavers and under, but in all cases exceeding that sum, each one shall be at liberty to appeal to the Herr Governour & Council here.
4. All Criminal offences which shall be committed within this City and Jurisdiction thereof shall be amenable to the Judicature of said Schout, Burgomasters and Schepens, who shall have power to judge and sentence the same unto Death inclusive; provided and on condition that no sentence of corporal punishment shall be executed unless the approval of the Herr Governour General and Council shall be first sought and obtained therefor. 5. The Court shall be convoked by the President Burgomaster, who shall, the night before, make the same known to Captain Willem Knyff (who is hereby provisionally qualified and authorized to be present and
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