USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. I > Part 18
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Claes van Elslandt and Wybrant Pietersen were appointed tobacco inspectors, to carry out the provisions of the above act. The fees of inspection were fixed at ten stivers (twenty cents) for every hundred weight, and none was to be exported unless it had been previously inspected and declared mer- chantable.1
An order was issued, at the same time that the inspection of tobacco was directed, that no contracts, engagements, bar- gains, sales, or public acts, should be deemed valid, except such as were written by the secretary of the province. This law gave room, after a while, to a good deal of cavil. It was surmised that it was issued for the purpose of preventing any complaints emanating from New Netherland against the local authorities, and of depriving those, who might feel oppressed, of the power of making their grievances known to the com- pany, or to the States General. But such sinister motives were promptly disclaimed. The mass of the people resident at, or frequenting the Manhattans, were unable or ill-qualified either to read or to write ; in transacting commercial or other affairs, accounts and papers which passed between them, written sometimes by a seafaring or laboring man, were either drawn up imperfectly, or in total opposition to the intention of
1 Alb. Rec. ii., 19, 21. The fee in Virginia was one per cent.
VIl. 1638.
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BOOK one or other of the parties, and led to constant misunderstand- ings and law disputes, sometimes for mere trifles, in which it 1638. was difficult, if not impossible, to come at the truth. To obviate such ill consequences for the future, the above order was made, which, in the circumstances, was, it must be ad- mitted, one of prudence, perhaps of necessity, though it may be possible that it might afterwards have led to abuse.1
Director Kieft had not, however, been long settled in his new government, nor had he well commenced his work of re- form, when he was called to vindicate the rights of his su- periors, which were now being menaced from an unexpected quarter, in the southern section of New Netherland.
William Usselinx, the projector of the Dutch West India Company, dissatisfied, we presume, at the impediments which he and his plans experienced in Holland, proceeded to the court of Sweden, and submitted a scheme to the monarch of that country, for the establishment of a commercial associa- tion, similar to that which he wished to have established by the States General, with exclusive privileges to trade beyond the Straits of Gibraltar, and to plant colonies in Africa, Amer- ica, and other parts of the globe. His plan was so warmly appreciated by Gustavus Adolphus, that an act incorporating a Swedish company was passed in 1626. In consequence, however, of the breaking out of the German war, and the death of the king, Usselinx was doomed to see his hopes again blasted. The project was postponed, until Peter Minuit, on being dismissed by the Dutch West India Com- pany, directed his steps to Stockholm, and by his representa- tions, and the patronage of the celebrated Oxenstiern, induced Queen Christina to entertain a favorable opinion of the pro-
1 Alsoo in Nieuw Nederlandt meest landt-en Zee-lieden wonen, en om cleyne saaken veeltyds malcanderen voor't gerechte doen roepen, en veele niet leesen noch schryven connen, en veele geene duydelycke schriften noch hewysen brochten, en of sommige yts voorbrochten, was somtyds by d'een matroos of hoer geschreven, mennichmael heel ondistinctelyck, en gants tegens de mening van die geene die 't hadde laten schryven, of syn verclaringe gedaen, waeruyt quam, dat den Directeur en raaden de saaken naer behooren en vereysch van rechte niet conde naer waerheyt weten. Van Tienhoven's Answer to Vanderdonck's Remonstrance.
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posal, which he renewed, to open a trade with, and establish CHAP. a Swedish settlement on, this continent.1 A man-of-war called VIl. the Key of Calmar, and a tender called the Griffin, were placed at his disposal, freighted with provisions, ammunition, and a supply of goods suited to this new market. He set sail, in the early part of this year, for the South River, ac- companied by a small number, not exceeding fifty Swedes, the greater portion of whom were convicts transported from their native country on account of their crimes,2 and arrived at Jamestown, in Virginia, in the latter end of March. During his sojourn at this port, he endeavored to procure a cargo of tobacco for the Swedish market, but this was refused, as it was contrary to the king's instructions to allow foreigners any participation in that trade. After a stay of ten days, during which he took in a supply of wood and water, he continued his voyage, and reached the Delaware a few days afterwards.3
Immediately on his arrival here, his ship was boarded by April. some of the Dutch residents, to whom he represented that he was on his way to the West Indies, and that he had called at the South River only for supplies, having obtained which, it was his intention to depart. This was soon found to be merely
1 Holm's New Sweden, in Hist. Soc. Mem. of Penn. iii., 63 ; Acrelius' New Sweden.
2 " Synde meest banditen naer de gemelte Zuyt Reviere getransporteert." Hol. Doc. viii., 34. This is corroborated by Holm, who says : " The generality of people who went, or were sent over from Sweden, were of two kinds ; the principal of these consisted of the company's servants, who were employed by them in various capacities ; the others were those who went to that country to betler their fortunes. . . There was a third class, consisting of vagabonds and malefactors, who were to remain in slavery, and were employed in digging the earth, throwing np trenches, and erecting walls and other fortifications." Holm, 73. See Haz. Reg. iv., 374. The practice was general throughout Europe, in those days, to transport criminals to America. " Such was the de- mand for labor in America," says Bancroft, " that convicts and laborers were regularly purchased and shipped to the colonies, where they were sold as in- dented servanis." " The history of our colonization is a history of the crimes of Europe." Hist. United States ii., 250, 251. This remark is fully corrobo- rated by Adam Smith : " It was not the wisdom and policy, but the disorder and injustice of the European governments, which peopled and cultivated America." Wealth of Nations, (Hartford Ed. 1818,) ii., 77, 78.
" Letter from Jerome Hawley, treasurer of Virginia, to Mr. Secretary Windebanke, in Lond. Doc. i., 57.
1638.
190
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BOOK a pretext, for the Swedes, before long, exhibited signs of 11. making a settlement. Pieter Mey, the Dutch commissary at 1638. Fort Nassau, called on Minuit, then, to produce his commis- May 6. sion. But this he refused, as he already had declined to do in Virginia. He asserted, now, that his queen had as much right there as the Dutch, and that he should, by virtue of that right, proceed, without delay, to erect a fort. He then sent a sloop to the country above Fort Nassau to trade with the na- tives, and when she returned with a load of furs, dispatched her again to the same quarter. But this time, however, she was not allowed to pass the Dutch fort.
Intelligence of these encroachments having been forwarded to Fort Amsterdam, excited, it may well be imagined, consid- erable surprise. The Dutch considered that they already had a double title, that of discovery and occupancy, to the South River ;- a title which was also " sealed with their blood." Strong in this conviction, Director Kieft expedited Jan Jansen van Ilpendam, one of his commissaries, to the Delaware, with orders to keep a sharp eye on Minuit, and should he discover in his proceedings any thing prejudicial to the West India Company's rights, to serve on him a protest with which he was provided.
On Jansen's arrival he found that the Swedish commander had already driven a considerable trade in peltries, and had purchased a small tract of land, situated upon Paghaghacking creek, or the Minquaas kill, and "included between six trees." Here he had erected a trading-house, and commenced a plan- tation, having paid a trifle for the land ; promising the Indians, at the same time, half the crop of tobacco to be raised thereon, which, however, the savage afterwards complained he never got.1 On the north side of this creek, which lies on the west
1 The following is the declaration of Mattehoorn, the Indian chief who sold the above tract to Minuit :- " Dat als Minnyt met een schip in 't lant quam, voor de Minquaskil bleeff leggen, waerop hy Sackema doenmaels een huys hadde en woonde :- dat Minnyt hem aenboot en gaff een ketel en andere cley- nichaden, versocht soo veel lant van hem, als hy Minuyt een huys conde opset- ton, en een plantagie tusschen ses boomen begrepen, 't welck hy Sackema, hem vercoft heeft ; en beloofde Minuyt hem de helfde van de tabacq die op de plan- tagie soude wasschen, hoe wel hem noyt gegeven."
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side of the South River, some five (Dutch) miles from Nassau, CHAP. Minuit had erected his fort, which, in honor of the queen, his mistress, he called Christina, and moreover set posts out, here and there, on which he caused to be engraved the letters C. R. S., surmounted, in token of sovereignty, with a royal crown. Jansen, in pursuance of the orders which he received at Fort Amsterdam, served on Minuit, hereupon, the follow- ing protest :-
"I, Willem Kieft, Director-general of New Netherland, residing on the island Manhattan, in the Fort Amsterdam, under the government of the High and Mighty States Gen- eral of the United Netherlands, and the West India Com- pany, privileged by the Senate Chamber in Amsterdam, make known to thee, Peter Minuit, who stylest thyself commander in the service of her majesty the Queen of Sweden, that the whole South River of New Netherland, both upper and lower, has been our property for many years, occupied with our forts, and sealed by our blood, which also was done when thou wast in the service of New Netherland, and is therefore well known to thee. But as thou art come between our forts to erect a fort to our damage and injury, which we will never permit ; as we also believe Her Swedish Majesty hath not em- powered thee to erect fortifications on our coasts and rivers, or to settle people on the lands adjoining, or to undertake any other thing to our prejudice; now, therefore, We protest against all such encroachments, and all the evil consequences from the same, as bloodshed, sedition, and whatever injury our trading company may suffer, and declare that we shall protect our rights in every manner that may be advisable."
This protest had no other result than to elicit an unsatisfac- tory answer from the Swedish commander. Kieft, thereupon, transmitted a second protest, which was also served on Min- uit, who, however, refused to notice it, but having completed his arrangements, returned homeward, leaving behind him at June. Fort Christina, a garrison of twenty-four men, abundantly sup- plied with provisions and all sorts of goods.1 Kieft, on reflec-
1 Extracten uyt verscheyde missiven geschreven door Willem Kieft gewesen Directeur in Nieuw Nederlant aen de Bewinthebberen van de Geoctroyeerde
VI1. 1638.
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1638.
BOOK tion, found the force at his disposal too slender, and his re- 1I. sources too scanty, to authorize him to disturb the new-comers, protected as they were by a flag so respected as that of Swe- den. He contented himself, therefore, with communicating all the particulars of the above intrusions to the directors at Amsterdam. These authorities, however, received evidence themselves of the enterprise of the Swedish Company in America, in a more direct and palpable manner than any let- ters could convey. A Swedish vessel, loaded with tobacco, Oct. having put into the Zuyder Zee, on her return voyage from the " West Indies," was seized at Medenblick, by order of the branch chamber of the Dutch West India Company at Enck- huysen. It was not until the Swedish resident at the Hague called the attention of the States General to the circumstance, that the arrest was removed, and the ship allowed to proceed home. The skipper's papers, under the authority of the crown of Sweden, were then considered satisfactory.1
The interest exhibited by the States General for the ad- vancement of New Netherland, and the earnestness with which they urged, in the course of the last spring, the adoption of some well-digested plan for the encouragement of a sound and moral emigration, which would secure the permanent set- tlement of that country, caused those intrusted with the super- intendence of the company's affairs to perceive that if they did not desire seriously to compromise their influence, the time had at length arrived when something must be done to develop more actively the resources of the fine and fertile province committed to their charge.
In accordance with these considerations, a committee had been appointed which devoted a considerable part of the sum- mer to the matters and interests referred to them, and at length submitted, through Johannes De Laet, one of the directors of the company, to the States General, a paper, entitled, " Arti- cles and conditions drawn up and concluded by the Amster- dam chamber, with the approbation of their High Mightinesses
Aug. 30.
West Ind. Comp. ter Kamer van Amsterdam. Hol. Doc. viii., 50, 51; Alb. Rec. ii., 7, 8 ; Hazard's Register iv., 82 ; Vanderdonck, Vertoogh van N. N. Andreas Hudde's Report, Alb. Rec. xvii.
1 Hol. Doc. ii., 228.
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NEW NETHERLAND.
the States General of the United Netherlands, in accordance CHAP. with the authority of the XIX., whereby the respective coun- VII. tries and places in New Netherland, and circumjacent thereto, shall henceforward be resorted to, traded with, and inhabited, according to such form of government and police as may at present, or shall hereafter be established there by the company or their deputies." The contents of this paper were as follows :-
"I. The company hereby retain unto themselves, and to such ministers to whom they shall commit the execution there- of, all high and low jurisdictions, together with the exercise of this and other appendages of public affairs ; to administer, regulate, manage, and execute the same, subject to their High Mightinesses, in conformity to the instructions to be given concerning them, from time to time, by their directors, officers, and all others holding office or authority, without it being per- mitted to any one, directly or indirectly, to oppose them, on pain of correction, according to circumstances, as breakers and disturbers of the common peace.
"II. And inasmuch as it is of the highest importance, that in the first commencement and planting of the population, proper order should be taken for public worship, according to the practice established by the government of this country, the same religion shall be taught and preached there, accord- ing to the confession and formularies of unity here publicly accepted in the respective churches, with which every one shall be satisfied and content ; without, however, it being by this understood, that any person shall be hereby, in any wise, constrained or aggrieved in his conscience ; but each shall be free to live in peace and all decorum, provided he take care not to frequent any forbidden assemblies or conventicles, much less collect or get up any such ; abstain forthwith from all public scandals and offences, which the magistrate is charged to prevent by all fitting reproofs and admonitions ; and advise, if necessary, the company, from time to time, of what may be passing there, so that confusions and misunderstandings may be timely obviated and prevented.
"III. The company shall give orders through their depu- ties, that all forts, strongholds, and public places, which have already been built, or shall hereafter be erected there, shall be
25
1638.
194
HISTORY OF
BOOK properly maintained, preserved, and improved, to the best ad- II. vantage of the commonalty, and that the general tax to be paid
1638. for the erection or building thereof, shall be levied and collect- ed with the least inconvenience to the respective inhabitants, withont it being in the power of the Director or his council to collect any of these before they have informed the company thereof, and obtained their consent. Which taxes shall remain specially affected to such works and charges to the maintenance of which they, at the commencement, were voted and granted.
"IV. And inasmuch as improvement is more and more promoted by the cultivation and peopling of these lands, and in order that no person be prevented by private possession and occupation from the use of the public streams, creeks, bays, and rivers, or by the appropriation of any islands, sand- spits, or dry marshes lying therein, all these shall, first, belong to the company which promises to establish, by the Director and council, such order concerning the use of these, that all inhabitants of those regions shall derive therefrom the greatest possible profit and advantage, unless the company may by experience be hereafter advised to make other disposition therein ; which conclusions and dispositions every one shall be bound to follow without any concernment or gainsay. And if, however, any person shall be found to oppose himself there- to, he shall be corrected, and brought to his duty by the public authority.
" V. Equal justice shall be administered to all inhabitants and others frequenting those countries, in all civil and criminal matters, according to the forms of procedure and the laws and customs already made, or to be enacted ; Expressly charging every officer there to contribute to this, and actively and firmly, as far as need be ; and that, without any regard to person or persons, even in such cases where the matter may principally affect the company itself; in which cases the judges shall be specially bound to declare on oath, to follow no other order or law, than such as is considered to apply to or affect all pri- vate individuals.
" VI. And whereas, all the population cannot be fixed on one spot, but must be disposed of according to the inclinations of those going thither, and in order that the management of affairs
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NEW NETHERLAND.
be carried on, every inhabitant is bound and holden, all public CHAP. charges and offices, such as the magistracy and those of honor VII. and authority, and those which appertain to pious affairs, such as churches, willingly, at his place of residence, to undertake, and honestly and trustworthily to fill, for the public advantage, according to his oath and troth, and the instructions given therewith, without claiming any recompense or reward for the same. But such charges and offices as are onerous, or require the whole of a person's time, shall be rewarded at the discre- tion of the Director and his council, provided notification thereof be given to the company, and their approbation therefor obtained.
" VII. All public servants, director, councillors, military commanders, clerks, skippers, and also all others receiving ordinary wages from the company, shall not, unless by per- mission from the same, follow any trading for themselves, or as factors, or on commission for others ; much less take any lands or farms ; but peaceably support themselves on their ordinary wages. And in case it happen that they transgress herein, they shall forthwith be degraded from such offices or rank as they may be invested with, besides forfeit to the com- pany their earned monthly wages, and purchased lands or goods which may be found in their possession contrary to this article, or the value thereof, should they have traded or con- veyed them away ; and the respective officers and justices are charged to promote the execution hereof, without any conni- vance.
"VIII. For the maintenance of preachers, comforters of the sick, schoolmasters, and similar necessary officers, each householder and inhabitant shall bear such contribution and public charge as shall hereafter be considered proper ; and as regards the form thereof, the Director and council there shall be written to, to execute the same on receiving instructions, with the least trouble and vexation.
"IX. The inhabitants there may, for themselves, or such others as shall instruct or commission them, build all descrip- tions of craft, either large or small, and with the same and no others navigate all rivers, and prosecute their lawful trade and barter, besides trade therein along the whole coast, from Flo- rida to Newfoundland ; and in case they happen to make any
1638.
196
HISTORY OF
BOOK prizes of the enemy, they shall bring such to the place of resi- II. dence of the director there, to be sent hither, or by him be 1638. divided there ; one-third part for the company, and two-thirds for the captor, provided, that in case the prize be sent here, the due portion of the company shall be first deducted.
"X. And should any wares or merchandise from any neigh- boring place there, or from any other kingdom or country, in any foreign ships be landed on the coast of New Netherland, and places adjacent thereto, within the limits of our grants, and in possession of the company, they shall not be touched nor unladen before being duly entered, and the recognitions there- upon be paid, which, in consequence of the heavy expenses and burdens the company has to incur, shall be reckoned at fifteen per cent. on what the said goods shall be estimated to be worth there ; and thirty per cent. on whatever shall be exported in said foreign ships.
" XI. The company shall take under its protection and safe- guard all those who resort to, or inhabit the said countries sub- ject to their High Mightinesses the Lords States General; de- fend them against all assaults or trouble coming either from within or without, with such force as may, at the moment, be there, or they may afterwards send ; provided that every one, whether trader or inhabitant, who happens to be there, consent to be employed with others on such occasion, for self-defence, under command of the respective officers ; and to this end shall every male emigrant take with him, at his own cost, a musket and side-arms, and be enrolled, in case of apparent danger, into proper companies or squads.
. " XII. In case any person shall discover or find any min- erals, whether gold, silver, or other base metals, precious stones, crystals, marble, or such like, they shall, if discovered on the land of the finder, remain his property, on returning, after five years, one fifth part of the proceeds, without deduct- ing any of the expenses, and that before such minerals, or be- fore-mentioned specie shall be his benefit, or be removed from the place where they may be found ; but for such as may be discovered on another man's land, or on the domain of the company, or on unappropriated land, the finder shall be re- warded according to the discretion of the director and council,
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NEW NETHERLAND.
unless among themselves they agree in a friendly manner, CHAP. which agreement thus made shall be maintained.
" XIII. Besides these general articles, another shall be intro- duced, to obey and respect such instructions, manifestoes, and commands, as have already been made, or shall hereafter be established, with the approbation of their High Mightinesses, concerning the planting of the country, and the trade there."
The patroons, between whom and the directors considerable misunderstanding still continued, were unwilling, seemingly, to allow this occasion to pass without making an effort to enlarge their own privileges, or to establish them on such a footing as would render themselves more independent, and further be- yond the control, of the company. Some parties, strong in their interest, drew up, therefore, a draft of a new charter of "Freedoms and Exemptions for Patroons," or a " New Pro- ject," as it was termed, modifying, and essentially altering the charter of 1629, which they caused to be laid, also, before the States General for its sanction.
By this " New Project," the Patroons were to be allowed to extend their colonies six (Dutch) miles along the coast, or on both sides of a navigable river, instead of four miles on one side, or two on both banks, as the original charter allowed. Instead of being obliged to send out, within four years, fifty persons over fifteen years, they now demanded that the num- ber should be forty-eight, without any regard to age, and that the time limited for their transmission should be extended from four to six years, exclusive of the first year of admission. They further required that themselves, and not the States General and the company, should be invested with "the com- mand of such bays, rivers, and islands, as they should have planted," and be invested with "high, middle, and low juris- diction,"] and all other feudal rights ; that they be discharged from the obligation which Article IX. of the original charter imposed on them, of submitting to the directors, for their ap- proval, whatever instructions they may send out or give for the
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