USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. I > Part 30
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1 Captain Underhill ; vide ante p. 302.
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in parties continually around, day and night, on the Island of CHAP Manhattans, slaying our folks not a thousand paces from the V. fort ; and 'tis now arrived at such a pass, that no one dare move a foot to fetch a stick of fire-wood without a strong es- cort.
" The two bouweries in 'the Bay,' and the three on this island, one of which belongs to the Honorable Company, run great danger of being burnt this winter, for never have these savages shewn themselves so bold and insolent. The cause of this is that they have experienced no opposition this sum- mer from us, nor have lost any of their crops ; and thus have they circumvented us by a stratagem under pretence of peace. Had the season, as we requested, been employed diligently, (which is most necessary in time of war,) with the force of the Blue Cock, beyond a doubt the Indians would have made advances themselves, and there would be some hope of en- joying, against the arrival of a new governor, a general peace ..
" But little heed has been taken of this. The wished-for time has been allowed to pass away, and people have been occupied with private quarrels and prosecutions, especially about sending pearls [to Holland] by Laurens Cornelissen, Skipper of the Maid of Enckhuyzen, whose trial continued six weeks, and who was, moreover, banished.
" Two guides have been recently sent from the north, with whom Captain De Vries was dispatched with a party, on the 22d instant, on an expedition to that country, killing eight men ; but it is as men say, 'For every new enemy we kill, another stands next morning in his place.' We shall now have to wade through rivers and creeks, in frost and snow, with these new and naked soldiers, who have resided in warm climates for so many years.
" A want of powder is again beginning to be felt. Over 2500 pounds were taken from Pieter Wyncoop, of which, up to this time, not five hundred weight have been consumed against the enemy.
" Little or nothing of any account has been done here for tlie country. Every place is going to ruin. Neither counsel nor advice is taken. Men talk of nothing else but of princely power and sovereignty, about which La Montagne argued a
1644.
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1644.
BOOK III. few days ago in the tavern ; maintaining that the power of the Director here was greater, so far as his office and commis- sion were concerned, than that of His Highness of Orange in the Netherlands."
The Eight Men next refer, at considerable length, to the expe- dition against the Indians at Pavonia and Corlaer's Hook, in the beginning of the last year, and to the efforts of the Twelve Men to check that outrage ; to the election of the Eight Men ; to the supercilious manner in which these were always treated by Kieft ; to the imposition of direct taxes against their will, as they pretended this power belonged only to the authorities at home. They then explain the proposition they had made to oblige the private traders to contribute to the support of the soldiers, while the other and more obnoxious plan was adopted, which they still join in condemning, at the same time that they put the directors on their guard against a "Book" " orna- mented with sundry water-colors," which Kieft had transmit- ted to them by the Blue Cock, in which his Excellency treated in a very prolix manner about the origin of the war.1 "It contains," say they, "as many lies as lines, as we are inform- ed by the minister, and by those who have read it." They will not dispute, they add, about the nature of the birds which are in the forests, nor what sort of fish are in the rivers, nor about the length and breadth of the land, which is merely a copy of what has been written long years ago. "It would be well to inquire," they hint, "how the Director-general can so aptly write about these distances and habits, since his Honor, during the six or seven years that he has been here, has con- stantly resided on the Manhattans, and has never been farther from his kitchen and bedroom, than the middle of the afore- said island."
Reverting again to the attack on "the shelterless Indians," on the night of the 24th February, 1643, the Eight Men de- tail the secret proceedings of those who planned that unfortu- nate expedition, preparatory to setting it on foot ; and, prom-
1 The fragment of the " Journal of New Netherland" found in the Royal Library at the Hague, by Mr. Brodhead, looks very like a part of this " book," for it inclines strongly to Kieft's side, and contains statements somewhat highly colorod.
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ising to send the directors at some future time a full account CHAP. of what occurred in the country for the preceding six or seven years, they conclude :
1644.
" Honored Lords-This is what we have, in the sorrow of our hearts, to complain of ; that one man, who has been sent out sworn and instructed by his lords and masters, to whom he is responsible, should dispose here of our lives and proper- ty, according to his will and pleasure, in a manner so arbitrary, that a king would not be suffered legally to do. We shall terminate here, and commit the matter wholly to our God, whom we pray, and heartily trust, will move your Lordships' minds, and bless your Lordships' deliberations, so that one of these two things may happen ; that a governor may be speed- ily sent with a beloved peace to us, or that their Honors will be pleased to permit us to return, with wives and children, to our dear fatherland. For it is impossible ever to settle this country until a different system be introduced here, and a new governor be sent out with more people, who shall settle them- selves in suitable places, one near the other, in form of villages and hamlets, and elect from among themselves a bailiff, or schout, and schepens (magistrates) 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."1
The settlement of New Netherland experienced, as may now readily be conceived, a severe check by the continuance of the war. Some English families had, however, crossed the Sound from Stamford, in the spring, and commenced a plan- tation on the north side of Long Island, east of Martin Gerrit- sen's, or Cow Bay, at a quarter which the Dutch had already called Heemstede, after a place of some respectability of the same name, in the island of Schouwen, and province of Zea- land. In the fall of the year they obtained a liberal patent of Nov. incorporation from the Director-general and council, similar to 16. that already granted to other towns, by which they were em- powered to manage their own local affairs ; establish courts of limited civil and criminal jurisdiction; and nominate such
Hol. Doc. iii., 206-222.
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HISTORY OF
1644. BOOK among them as possessed public confidence, to be afterwards commissioned as magistrates of their town by the Director- general.1 Both the English and the Dutch settlers placed a high value on the privilege of electing, and of being governed by, their own freely chosen magistrates.
1 Heemstede . . . is het fraaste en belangrykste dorp des eilands, (Schou- wen.) Martinet Beschryv. iii., 318. The patent will be found at length in Thompson's Hist. Long Isl. ii., 4, 5. Robert Fordham, John Sticklan, John Ogden, John Lawrence, Jonas Wood, and John Carman, were the first Pa- tentees of this town. Caleb Carman, son of John, was the first white child born in Heemstede. He was blind from his birth, which took place on the 9th Jan., 1645.
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CHAPTER VI.
Colonie of Rensselaerswyck-First settlers sent out by the Patroon-His juris- diction-System of law in the colonie-Local courts-First magistrates- Population-Tenures-Patroon's privileges-Settlement of the Fuyck com- menced-Beverswyck-Arrival of Adriaen van der Donck in the colonie, as Schout-fiscaal-First clergyman sent out-Agreement with him-Arrives with several other respectable settlers-A church erected-Its dimensions- Regulations concerning the Indian trade-Infractions thereof-Further regu- lations-Intrigues of Van der Donck-Threatened mutiny of the settlers -- Return of the Mohawks from Canada-Are visited by Van Curler-Particu- lars of the interview with these tribes-Efforts to procure the release of a Jesuit and other French prisoners-Continued misunderstanding between Van der Donck and other local authorities-Van der Donck proposes to erect a colonie in Katskill-Orders from the Patroon forbidding this-Directs the dis- missal of Van der Donck should he persist-The " Arms of Rensselaerswyck" sent out with a valuable cargo of goods-Arrives at the Manhattans-Difficul- ties between the supercargo and the authorities at New Amsterdam-Vessel and cargo seized-Protests and replications-Occurrences at Rensselaer- stein-A vessel fired into while passing that place because she refused to lower her colors and bring to-Excitement in consequence-Prosecutions entered into against the commander of the post-Further protests-Death of the first Patroon-Nicolaus Coorn appointed Schout-fiscaal-Quarrel between Van der Donck and Van Curler-Departure of the former for the Manhat- tans-Severity of the winter-Destructive freshet, and visit of whales to Rensselaerswyck.
THE charter of 1629 having provided that every colonie CHAP. should contain, within four years after its establishment, at VI. least fifty persons over fifteen years of age, one fourth of f 1630.
whom should be located within the first year, the parties inter- ested in the settlement of Rensselaerswyck lost no time in complying with these conditions. Early in the spring of the March following year, a number of colonists, with their families, and 21. provided with farming implements, stock, and all other neces- saries, sailed from the Texel, in the company's ship the Een dracht, Capt. Jan Brouwer, commander, and arrived in safety May at the Manhattes, after a passage of sixty-four days. In a 24. short time afterwards they landed at Fort Orange, in the vi- cinity of which they were furnished with comfortable farm- houses and other dwellings, at the expense of the Patroon and
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HISTORY OF
BOOK his associates. Other settlers followed, with additional stock, t11. each succeeding season, and thus were laid the foundations of 1630. those moral, wealthy, and prosperous settlements which we now behold in and around the present city of Albany.1
Invested as well by the Roman law, as by the charter, with he chief command and lower jurisdiction, the Patroon became empowered to administer civil and criminal justice, in person, or by deputy, within his colonie ; to appoint local officers and magistrates ; to erect courts, and to take cognizance of all rimes committed within his limits ; to keep a gallows, if such were required, for the execution of malefactors, subject, how- ever, to the restriction that if such gallows happened, by any accident, to fall, pending an execution, a new one could not be erected, unless for the purpose of hanging another criminal.2 The right to inflict punishments of minor severity was necessa- rily included in that which authorized capital convictions, and accordingly we find various instances, throughout the record of the local court, of persons who had, by breaking the law, rendered themselves dangerous to society, or obnoxious to the authorities, having been banished from the colonie,3 or con-
1 Utgeef ende betaelinge van 't gunt Kiliaen van Rensselaer als Patroon, &c. tot behout van de gemelte colonie by zyn leven uytgegeven ende betaelt heeft. A translation of this highly interesting record of the expenses incurred for the removal of settlers, &c., to Rensselaerswyck in 1630, 1631, as well as a table containing the names of the first settlers, will be found in Appendix G, H. Sir Edmond Andros' report to His Royal Highness the Duke of York, anno 1678, bears honorable testimony to the labor of the first Patroon in settling the colo- nie. The date of the sailing of the Eendracht is given in Alb. Rec. i., 199.
? The name of the " Scherprechter," or hangman to Rensselaerswyck, will be found in the list of the early inhabitants of the colonie. The following is an item at the credit side of his account. " For so much coming to him for execu- ting the late Wolf Nysen, fl. 38." Groet Boek, No. F. 96.
" The following translation of a sentence of banishment pronounced on one of the colonists will serve to illustrate the text. " By the President and Coun- cil of the Colonie of Rensselaerswyck. Having heard the free confession of Adriaen Willemsen, at present in confinement, to wit :- That he on Saturday last, the 6th of Aug., at the house of the Patroon, where the Commissary-gene- ral, Arendt van Curler, resides, climbing in through the window of said house, stole seven beavers, and at noon of the following Monday, eight beavers and one " drieling," [third of a skin] ; also, that on Saturday aforesaid he had stolen from the cellar of the said honse a half [skin] which remained. And having,
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demned to corporal chastisement, fine, or imprisonment, ac- CHAP. cording to the grade of their offences.
V1. 1630.
In civil cases, all disputes between man and man ; whether relating to contracts, titles, possessions, or boundaries ; inju- ries to property, person, or character ; claims for rents, and all other demands between the Patroon and his tenants, were also investigated and decided by these courts ; from the judg- ment of which, in matters affecting life and limb, and in suits where the sum in litigation exceeded twenty dollars, appeals lay to the Director-general and council at Fort Amsterdam. But the local authorities, it must be added, were so jealous of this privilege that they obliged the colonists, on settling within their jurisdiction, to promise not to appeal from any sentence of the local tribunal.
The laws in force here were, as in other sections of New Netherland, the civil code, the enactments of the States General, the ordinances of the West India Company, and of the Director-general and council, when properly published within the colonie, and such rules and regulations as the Pa- troon and his co-directors, or the local authorities might estab- lish and enact.
The government was vested in a general court, which exer- cised executive, legislative or municipal, and judicial functions, and which was composed of two commissaries, (" Gecommit- teerden ;") two councillors, styled indiscriminately " Raets- persoonen," "Gerechts-persoonen," or "Raedts-vrienden," or "Schepenen," and who answered to modern justices of the peace. Adjoined to this court were a colonial secretary, a
moreover, examined the demand of the prosecutor against the aforesaid delin- quent, observing what appertains thereto; We have hereby ordered and adjudged, and do order and adjudge, that the said delinquent shall be taken to the public place where justice is executed, and there be ignominiously tied to a post for the space of two hours, with some of the stolen property on his head; after which he shall prostrate himself at the feet of the Worshipful Magistrates, (de Edele Heeren van den Gerechte,) and beg of God and justice for forgiveness ; that he, moreover, shall be henceforward, and forever, banished out of this colonie, and never more return thereto. Done in Collegio, this 13th day of August, anno 1644. By order of their worships the President and Council of this Colonie of Rensselaerswick. ARENDT VAN CURLER."
See also Van Tienhoven's Cort Bericht. Hol. Doc. v., 380.
41
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HISTORY OF
BOOK III. 1630.
sheriff, or " schout-fiscaal," and a "Gerechts-bode," court mes- senger, or constable. Each of these received a small compen- sation, either in the shape of a fixed salary or fees ; the com- missaries and magistrates, fifty, one hundred, or two hundred guilders annually, according to their standing ; the secretary one hundred guilders ; and the court messenger one hundred and fifty, with the addition of trifling fees for the transcript and service of papers. The magistrates of the colonie held office for a year, the court appointing their successors from among the other settlers, or continuing those already in office, at the expiration of their term of service, as it deemed proper.
The most important functionary attached to this government was, as throughout the other parts of the country, the " Schout- fiscaal," who, in discharge of his public functions, was bound by instructions received from the Patroon and co-directors, similar in tenor to those given to the same officer at the Man- hattans. No man in the colonie was to be subject to loss of life or property unless by the sentence of a court composed of five persons, and all who were under accusation were entitled to a speedy and impartial trial. The public prosecutor was particularly enjoined not to receive presents or bribes, nor to be interested in trade or commerce, either directly or indi- rectly; and in order that he might be attentive to the perform- ance of his duties, and thoroughly independent, he was se- cured a fixed salary, a free house, and all fines amounting to ten guilders, [$4,] or under, besides the third part of all for- feitures and amendes over that sum, were his perquisites.
Jacob Albertsen Planck was the first sheriff of Rensselaers- wyck. Arendt van Curler, who originally came out as assist- ant commissary, was appointed, soon after his arrival, com- missary-general, or superintendent of the colonie, and acted as colonial secretary until 1642, when he was succeeded by An- thony de Hooges. Brant Peelen, Gerrit de Reus, Cornelis Teunissen van Breuckelen, Pieter Cornelissen van Munick- endam, and Dirck Janssen were, if not the first, at least among the earliest magistrates of the settlement.1
1 Arendt van Curler was one of those characters who deserve to live in his- tory. His influence among the Indians was unlimited, and in honor of his
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NEW NETHERLAND.
The population of the colonie consisted at this remote period CHAP. of three classes. Freemen, who emigrated from Holland at their own expense ; farmers and farm-servants, who were sent out by the Patroon, who judiciously applied his large re- sources in promoting the early settlement of the country, and in assisting the struggling industry of his people. To accom- plish this latidable object, a number of farms were set off, on both sides of the river and adjoining islands, on which he caused dwelling-houses, barns, and stables to be erected.
memory, these tribes addressed all succeeding governors of New York by the name of "Corlaer." He possessed feelings of the purest humanity, and actively exerted his influence in rescuing from the savages such Christians as had the misfortune to fall into their hands, of whose danger he might receive timely notice. On his marriage with Antonia Slaghboom, the widow of Jonas Bronck, he visited Holland, and on his return moved to the Flatts above Albany, where he had a farm. He was proprietor of a brewery in Beverwyck, in 1661. Be- ing a cousin of the Van Rensselaers, be had considerable influence in the colo- nie, where he was a magistrate to the time of his decease. He was one of the leaders in the settlement of Schenectady in 1661-2 ; and on the surrender of New Netherland, was specially sent for by Governor Nicoll, to be consulted on Indian affairs and the interests of the country generally. He was highly re- spected by the governors of Canada, and the regard entertained for him by M. de Tracy, Viceroy of that country, will be best judged of by the following ex- tract of a letter which that high personage addressed him, dated Quebec, 30th April, 1667 :-
" If you find it agreeable to come hither this summer, as you have caused me to hope, you will be most welcome, and entertained to the utmost of my ability, as I have great esteem for you, though I have not a personal acquaintance with you. Believe this truth, and that I am, Sir, your affectionate and assured ser- vant, TRACY."
Having accepted this invitation, Mr. Van Curler prepared for his journey. Gov. Nicoll furnished him with a letter to the Viceroy. It bears date May 20th, 1667, and states that " Mons'r Curler hath been importuned by divers of his friends at Quebec to give them a visit, and being ambitious to kiss your hands, he hath entreated my pass and liberty to conduct a young gentleman, M. Fontaine, who unfortunately fell into the barbarous hands of his enemies, and by means of Mons'r Curler obtained his liberty." On the 4th July fol- lowing, Jeremias van Rensselaer, writing to Holland, announces, that " our cousin Arendt van Curler proceeds overland to Canada, having obtained leave from our General, and been invited thither by the Viceroy, M. de Tracy." In an evil hour he embarked on board a frail canoe to cross Lake Champlain, and having been overtaken by a storm, was drowned, I believe, near Split-Rock. In his death this country experienced a public loss, and the French of Canada a warm and efficient friend.
VI. 1630.
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HISTORY OF
BOOK III. 1630.
These farms were suitably stocked with cows, horses, or oxen, and, occasionally, sheep; and furnished with ploughs, wagons, and other necessary agricultural implements, all which preliminary expenses were defrayed by the proprietor, so that the farmer entered on the property unembarrassed by the want of capital, which often tends to impede the progress of settlers in new countries. Some of those farms were then valued, and an annual rent was fixed, equivalent in some sort to the interest of the capital expended on their improvement, and payable semi-annually in grain, beavers, and wampum. Other farms were let out on halves, or for the third of their produce ; the Patroon was entitled, at the same time, to half the increase from the stock, and reserved to himself one-tenth of the pro- duce of each farm, and in various instances stipulated for a yearly " erkentenis," or acknowledgment, of a few pounds of butter. The tenant was privileged, however, to compound, by the payment of a fixed annual sum, for the tenths of the farm, or for his halves or thirds. He was bound, at the same time, to keep the fences, buildings, or farming implements, in re- pair, and to deliver them up in the same good order in which he had received them, subject in all cases to ordinary wear and tear, but the Patroon bore all risks of destruction of the buildings, cattle, and other property which might accrue from war, or misunderstanding with the Indians. Wild or unim- proved land was usually leased for a term of ten years free of rent or tenths, subject, however, to be improved by the lessee, all improvements falling to the Patroon on the expiration of the lease. In addition to the facilities above enumerated, each of the settlers, on leaving Holland, were, like those sent by the West India Company to the Manhattans, generally furnished with clothing and a small sum in cash, the latter to be repaid, at some future occasion, in produce or wampum, with an ad- vance on the principal of fifty per cent. This, however dis- proportionate it may now seem, cannot be considered unreason- able or extravagant, when it is understood that the difference, at the time, between colonial and Holland currency was nearly forty per cent., while between the latter and the value of wam- pum it was vastly larger. The Patroon was bound, at the same time, to supply his colonists with a sufficient number of
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laborers to assist them in the work of their farms. As a com- CHAP. pensation for his trouble in engaging these, and for his ad- vances in conveying them to America, he was entitled to the sum of sixteen guilders, or six dollars, per annum for each la- borer, over and above the yearly wages which the farmer was to allow such servants, and which ranged from forty to one hundred and fifty guilders, and board. This sum provided these servants with necessary clothing, and in the course of time placed at their disposal wherewith to enter on a farm on their own account. It is to be remarked, however, that the first Patroon seriously complained that his settlers not only threw altogether on him the payment of these wages, but took large quantities of goods from his store, for which they made no returns whatever, though they were bound to settle at the end of each year, and to hand in an account of the produce of the farm, distinguishing the Patroon's tenths, halves, or thirds, the amount paid for wages, and their own expenses, so as to allow him to ascertain what his own profits and losses were at the close of each annual term.
In return for his outlay and trouble, the civil code, which, it must be always borne in mind, was the fundamental law of this colonie, vested in the Patroon several privileges common to the feudal system. At the close of the harvest, the farmer was bound to hand in a return of the amount of grain which he had for sale, after deducting what was due to the landlord by the lease, and offer to him or his commissary the preemp- tion of such produce. In case he refused to buy it, then the farmer was at liberty to sell the same elsewhere. The like rule obtained in regard to cattle. When these were to be sold, the first offer was also to be made to the Patroon, in or- der, we presume, that he should have an opportunity of retaining the stock within the colonie. Every settler was, likewise, obligated to grind his corn at the Patroon's mill, and the latter was equally obligated to erect, and keep such mill in repair, at his own expense, for the accommodation of his colonists. No person could hunt or fish within the limits of the colonie, without license from the Patroon, who, on the ex- change, sale, and purchase of real estate within his jurisdic- tion, was entitled to the first offer of such property; or if he
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