USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. II > Part 13
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" XVI. On the increase of population and the augmenta- tion of inhabitants, a judiciary (een Raet van justitie) shall be erected in the province ;
"XVII. And within the city of New Amsterdam, a Burgher government, consisting of a Schout, two Burgo- masters and five Schepens.
" XVIII. In the meanwhile, shall the Nine Men continue for three years longer, and have jurisdiction over small causes arising between man and man, to decide definitively on such as do not exceed the sum of fifty guilders, and on higher, under the privilege of appeal.
" XIX. All inhabitants at present there or arriving here- after in the country, shall take an oath of fidelity, according to the form to be sent to the Supreme Council.
" XX. Private ships proceeding to the north parts of America, and the islands lying thereabout, shall be bound
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to convey over all passengers who shall present them- CHAP. selves, to be taken to New Netherland, to the number VIII. at least of - persons for every ship, burthen -, and 1650. more in proportion.
"XXI. Finally, at least fifteen thousand guilders shall henceforth be annually expended, from means supplied by the commissioners of New Netherland, in the transport of families, who shall apply themselves to agriculture, and who may not be able to pay their own passage and ex- penses ; and to this end, according to plans concluded, two ships shall be chartered and provisioned, with this under- standing, that from all emigrants double the cost of passage shall be required whenever they, after the expiration of four years, shall have the means of repayment, or other- wise will desire to depart from that country."1
This Report, on being communicated to the Amsterdam Chamber, evoked the strongest opposition, and gave rise to a renewed attack on "the abusive accusations" of the delegates, "who, having risen up to oppose the Company and their servants, are unfit to contribute in any way to the advancement and population of the colony." The Provisional Order was equally unpalatable. The correct- ness of the statements in the first two articles was ques- tioned, and, as regarded the third, the trade in articles of contraband had been, it was stated, already prohibited, the Director and Council being still permitted to furnish the In- dians with arms and ammunition "with a sparing hand, in order to prevent misunderstanding." It was unnecessary to fix the prices of those articles, for the Indians were willing to pay in the spring as much as one hundred and twenty guil- ders for a musket, and from ten to twelve guilders for a pound of powder. As for clergymen, those interested in the colonie of Rensselaerswyck must procure one for themselves ; New Amsterdam was already provided, and "none are required for the more distant places." The recommen- dations for the encouragement of trade to Brazil would be attended to, but the Directors could not under-
1 Hol. Doc. v., 223-238.
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BOOK stand how the colonists could be brought to defray the IV. ~ public expenses, when they made loud complaints against 1650. the trifling impost on beer and wine. The Council should remain as fixed by the Assembly of the XIX., but for the satisfaction of the colonists, two persons would be added to that board by the Company here, from a triple nomina- tion by the commonalty-a promise which, be it said in passing, was never kept. The return of Stuyvesant was, in their opinion, wholly unnecessary. If any additional information were required, the Vice Director could be sent for. The proposition to invest the Nine Men with the privilege of trying small causes was also disapproved of. "It was best to leave the administration of justice in New Netherland as it then stood." All vessels proceed- ing thither, would be required to carry as many passengers as they have tons burthen. But in the existing state of the Company's funds, the Directors could not bind them- selves to furnish the yearly sum of fifteen thousand guil- ders for the transport of emigrants. It would not be just towards its creditors to appropriate its resources to such a purpose, and leave its debts unpaid.
April 14.
The Provisional Order was referred, with the Directors' comments, to the Committee, and copies were transmitted to the several provincial Chambers. The Amsterdam Chamber forwarded the Report also to Stuyvesant, from which " you may know," they say, " what vexations we have suffered, and how full of peril it is to irritate a furious multitude." From the context of their letters it is evident how unpalatable were the recommendations of the Com- mittee ; for writing to the Director-general, they continue : " We presume you have placed too great a confidence in some of these ringleaders, or have been on too familiar a footing with them. And, although now their ingratitude and turbulent spirit is notorious, yet imperious duty must compel you to dissemble, and to treat them in regard to all that is past, conformably to said resolution ; to prevent the last error being worse than the first."
A correct opinion may now be easily formed of the views of both parties. The progressive policy of the Com-
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mittee of the States General had in view the gradual en- CHAP. largement of the privileges of the colonists. The Amster- VIII. dam Directors pertinaciously insisted that their High 1650. Mightinesses had nothing to do with New Netherland, as the management of the affairs of that country had been committed to them alone, by the Assembly of the XIX. They were, besides, wedded excessively, and we might add exclusively, to the existing order of things; and in keeping with these prepossessions, they communicated to May 24. the Committee on the affairs of the Company, another set of " freedoms and exemptions," based on, though some- what modifying, the charter of 1629. Patroons, or such as were disposed to become feudal lords in the American wilderness, were again to be allowed to take up four Dutch miles along on one side, or two miles on both sides of a navigable river, and to enjoy therein all the feudal privi- leges of high, low, and middle jurisdiction, hunting, fish- ing, and milling, &c., as laid down in the first charter, on condition that they should convey thither, within four years, one hundred souls over fifteen years of age. " All the inhabitants of the United Provinces and other neigh- boring countries," were to be free to proceed to New Netherland in the Company's ships, or in private traders, and to obtain there, " under quit-rent or feudal tenure in fee," as much land as they might be able to cultivate, pro- vided they entered on the improvement thereof within a year. They were to enjoy, at the same time, free hunting and fishing in the public forests or rivers, according to the regulations of the Director and Council. No pur- chases of Indian lands were, however, to be valid, unless made in the presence of some of the Company's officers. The commercial privileges heretofore granted, were to be continued. In addition to these, they were to trade free of all impost, to the Brazils, "and other places situate within the West India Company's districts, the coast of Guinea excepted." But on their return cargoes, (which they were bound to bring exclusively to the Man- hattans,) they were to pay the same duties as the inhabi- tants of these countries, and " on negroes, they shall pay
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BOOK no more than twenty guilders per head." With these ex-
IV. ceptions, the charter of 1650 was but a repetition of those 1650. of 1629 and 1640.
The colonists, it is evident, had gained but little by all the pains they had taken. Chartered monopoly and colo- nial placemen triumphed ; " the hopes entertained at first, of a good issue to the remonstrance, were smothered in their birth ;" and Van Tienhoven, the master-spirit of colo- nial misrule, gratified at the success of his mission, was about to return to New Netherland, "there to exercise his vengeance on all those who had complained of the Director," when, at the request of Van der Donck, an July 21. order was issued by their High Mightinesses for his ex- amination, relative to the origin of the Indian war, and the mal-administration of the colony. His departure from Holland was thus estopped, and his return to America for the moment indefinitely postponed.1
June 28.
Meanwhile Van Couwenhoven and Bout had returned home in high hope, bringing with them an authentic copy of the Provisional Order, and communicated this paper, together with the letters of the States General and the Prince of Orange, to Director Stuyvesant. The Vice Director, Attorney-general, and the Nine Men requested, soon after, communication of these dispatches, but Stuy- vesant refused to comply with this demand, on the ground that it was contrary to the instructions of the Directors in Holland. To the provisions of " the order of government" he also declined obedience. The guns which the delegates brought out were sold, it is stated, to the Indians ; and even a stand of colors imported for the burgher corps was not permitted to be given to them, for so jealous were those in authority of this body, that it had not been under arms for the last two years. In vain the Nine Men remonstrated. They were met with " hard words," and the Director said, " he should do as he pleased." As for the Provisional Order, the Company, he boasted, was opposed to it, and
1 Alb. Rec. iv., 24, 26, 27, 29, 67; Hol. Doc. iv., 212; v., 57, 61, 65, 110, 139, 179, 191-194, 201-207, 223-258, 274, 276-296, 304, 310; vi., 23, 141; vii., 31; xvi., 9.4.
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had ordered him not to pay any attention to it. In so CHAP. doing, they should sustain him, "yea, even to the shedding VIII. of blood ;" for " they should be dismissed rather than he." 1650.
The past winter had been one of great severity. It was so cold " that the ink froze in the pen." Considerable dis- tress ensued, for the people had scarcely enough to eat, and could not obtain food " either for beaver or money." Through the sparseness of the population, the greater part of the country still lay waste. The Director-general was obliged to victual the Company's ships, and to send provis- ions to Curaçoa ; prices consequently advanced, and the stock, already too scanty, became further reduced. The Vice Director and the Nine Men protested against this exportation of human food. Quarrels were renewed, and this bad feeling became only the more embittered when the people learned that the " order" sent out from Holland was set at naught, and that no prospect remained of a change. Through the whole of these discouraging events, the Nine Men remained faithful to their trust, and entered protest after protest against every encroachment of power, until at length the whole board fell under the displeasure of the Director-general, who now proceeded to the violent August. length of ejecting them from the pew in the church, " with which they had been honored by the consistory," tearing up the seats and forcibly taking possession of it himself. As president of the Nine Men, Oloff Stevensen pro- tested against this affront. He, however, was met with the retort that the Director-general could prove that he was a knave, and had robbed the Company of a hundred thousand guilders. It is almost impossible to depict the petty perse- cutions and public despondency of those days. " Men Aug. 17. would fain hang and burn the Nine Men. We are unable any longer to withstand the grief and trouble which the commonalty suffer." "If redress does not come soon, we shall be ruined and cast into the ditch." "The common- alty are so disheartened that men have enough to do to keep them quiet, for abuses and misgovernment are as clear as the sun at noon-day,"-are some of the outpour- ings of the colonists from the depths of their discontent.
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BOOK IV. Under the pressure of these circumstances, the popular tribunes were again forced to appeal to the States General. 1650. " We have seen and found your High Mightinesses our affectionate fathers, who have taken to heart the sorrowful and desolate condition of the poor commonalty here, for which we cannot sufficiently evince our thankfulness to the good God and to you. But the non-arrival of reform ; the neglect of Director Stuyvesant to act on your High Mighti- nesses' letters, (except to proclaim the peace with Spain,) though they have been communicated to him; and the continuance of things in the same sad condition set forth by Adriaen van der Donck, constrain us again to suppli- cate your High Mightinesses to be pleased to show favor unto us, for we cannot undertake anything so long as reform is withheld. We hope, therefore, that your High Mighti- nesses will confer on us a good and wholesome govern- ment."1
Aug. 15.
These complaints were met by counter accusations against the popular leaders. The Director-general in- formed the Amsterdam Chamber that the returned dele- gates had abused their indulgence ; had set at naught their good intentions ; that they were endeavoring by all means, even the most culpable, to alienate the minds of the unthinking multitude ; to lure them from their allegi- ance, and to dispossess the Company and its ministers, if possible, of their privileges, prerogatives and government."2 Baxter had succeeded in estranging the mass of his coun- trymen on Long Island from their fellow-colonists of Dutch origin ; and the magistrates of Gravesend came forward, at this crisis, with an address to the Directors of Amsterdam, expressive of their allegiance to the West India Company, of confidence in the Director-general, and of hostility to the Nine Men.
" We already declared in our last letters to your Honors Ang. 20.
1 Alb. Rec. iv., 49; Hol. Doc. v., 217, 220-222, 354-357; vi., 1-4, 15-17, 27, 29-31, 40, 41. The Nine Men this year, were Augustine Heermans, Jacob van Couwenhoven, Oloff Stevensen, Michel Jansen, Thomas Hall, Jan Evertsen Bout, Elbert Elbertsen, Hendrick Hendrieksen Kip, and Govert Loockermans. 2 Alb. Rec. iv., 43.
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by Secretary Van Tienhoven, our confidence in our Gov- CHAP. ernor's wisdom and justice in the administration of the ~ VIII. common weal ; and stated that you would receive, through 1650. him, correct information on the condition of the country. As for ourselves we cannot forbear thankfully to acknowl- edge the many benefits we have enjoyed and still enjoy under your Honors' authority, who are the rightful owners of this place. We have been sorely troubled by the false reports of some who have returned here in the Falconer. We have been entrusted with the management of the affairs of this town, which is but a small part of the whole body, and we cannot be otherwise than sensible of the manifold strifes, such as schisms, factions, and intestine commotions, to which those people have given birth, paying no manner of respect to the government, but trampling it under foot. We humbly pray your Honors to take this into your wise consideration, and apply a seasonable remedy for the prevention of these irregularities, which, in our opinion, can be best effected by supporting and maintaining our present Governor against those malig- nants, and by our superiors in Holland discrediting the false reports of discontented persons. For we have so much experience of his affection for the public welfare here, and of his mindfulness over us in the performance of the public service committed to him, that we are anxious that he should still be continued therein, in order that we may live under his government."1
The position of Stuyvesant was now singular and unen- viable. Estranged from the mass of his own countrymen,
1 Hol. Doc. ix., 234. The letter of which the above is an extract, was writ- ten originally in English, then translated into Dutch. From the latter, we have again rendered the above passages into English. It was signed, George Baxter, William Willkins, Nicolas Stillwell, James Hubbard, sheriff, and attested by John Tilton, secretary. John Tilton's will is dated 15th of the 7th month, 1687. It mentions of his sons, John and Thomas, and of daughters, Sarah, (who married John Painter,) Abigail, (who married - Scott ;) Esther, (who married Samuel Spicer ;) and Mary, (who married -- Carman.) He left to his executors a piece of land lying in Gravesend, to be used as a graveyard for them and their successors, and " for all friends in the everlasting truthe of the Gospell, as occasion serves for ever, to bury their dead therein." It is re- corded 3d April, 1688, in Brooklyn Rec. i., 108.
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BOOK and leaning for sympathy and support on a fraction of the IV. community who could have but little feeling in common 1650. with him, he found himself obliged to rely on and take counsel of Englishmen alone, in the delicate and important negotiation on which he was about to enter with his neigh- bors of New England, for the settlement of a boundary line.
-
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CHAPTER IX.
The Director-general visits Hartford-Opens a negotiation about boundaries, &c .- Dates his first letter " New Netherland"-The Commissioners of the United Colonies demand an explanation-Misunderstanding cleared up-Pro- gress of the correspondence-Discussion about titles-Stuyvesant proposes an arbitration-The commissioners, a conference, and bring forward new mat- ter-Stuyvesant waives the discussion of these, and submits the basis of a treaty-The commissioners cavil-Mutual explanations-Negotiation pro- ceeds-Arbitrators named-Their powers-A treaty agreed to-Stuyvesant proposes a league, offensive and defensive, against the Indians-Terms offered by the commissioners-Project falls through-Stuyvesant returns to the Man- hattans-Renewed popular discontent-Additional complaints to the States General-The Hartford treaty condemned by the popular party-Condition of affairs at New Amsterdam-The Nine Men no better than ciphers-Petition their High Mightinesses-Send in a list to the Director, from which to fill up vacancies in their board-Stuyvesant refuses to make any nominations-The board unable to meet-Further letters against the Director-general-Melyn re- turns to New Netherland-Lands purchased for Van der Capellen on the Rari- tan-Stuyvesant confiscates Van der Capellen's ship and cargo-Prosecutes Melyn-Sells his property at the Manhattans-Effects of these proceedings on the colonization of Staten Island and the country in its rear.
THE arrangements for the meeting between the Director- CHAP. general of New Netherland and the Commissioners of the
IX. United Colonies-so often proposed and so frequently 1650. postponed-having been at length completed, General Stuyvesant set out for the Connecticut in great state. Sep. 17. He was courteously and honorably received at the several places at which he touched, and arrived at the end of his Sep. 21. journey after a voyage of four days. Having expressed a desire to carry on the negotiations in writing, in order "that all inconvenience by verbal speaking, either through hastiness or otherwise, may be prevented," he opened the Sep. 23. correspondence by complaining of the encroachments of the English on the lands rightfully purchased by the West India Company on the river Connecticut, of which he de- .. manded the full surrender and such compensation as the nature of the case required. To prevent the recurrence of similar encroachments, he proposed that a line defining VOL. II. 10
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BOOK the English and Dutch limits be provisionally drawn, to IV. be afterwards submitted to the respective authorities in 1650. Europe for their approbation. He objected to the acts prohibiting Dutch trade with the Indians in the English colonies, and complained that the English sold goods so cheap to the natives as to ruin the commerce carried on by other nations. He next referred to the detention by Governor Eaton of fugitives from the Manhattans, and ex- pressed a hope that means might be adopted to prevent similar occurrences ; and, finally, complained of the seizure and sale, by those of Rhode Island, of a Spanish prize captured by the Dutch, on the pretence of wages having been due to several of the seamen. He hoped that resti- tution would be made ; otherwise he should be authorized to issue letters of reprisal.
This communication bearing date "New Netherland," at once arrested the progress of negotiations. The com- missioners declared they would not proceed, unless Stuy- vesant stated on what authority he affixed such words to a letter written at Hartford, or recalled them altogether. Sep. 24. The Director explained. The communication had been substantially agreed to by himself and Council at the Man- hattans, and the draft was translated and copied on board, during his voyage. He had, therefore, conceived it most proper to date it as from New Netherland. To obviate all misapprehension, he should abstain from so styling the place if the commissioners would, on their part, forbear calling it " Hartford, in New England." This letter being dated "Connecticut," satisfied the opposite party, and the negotiations were renewed by the commissioners replying to the various complaints and propositions submitted to them.
They maintained the soundness of their title, and pleaded ignorance of having committed any encroachment ; for " how much land the Dutch claim here-where it lyeth- from whom purchased, we have only heard allegations without proof, which cannot be satisfactory." Whatever disturbances had heretofore occurred, were caused, they insisted, by injuries committed by the Director-general's
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predecessors and himself, of which they already had com- CHAP. plained ; and now they were willing to refer the whole subject to Europe, if the Director could produce any com- mission or instructions, from that quarter, authorizing that course. With regard to trade, the commissioners never intended to regulate that within Dutch limits. Their pro- hibition extended only to territory belonging to the English, and had in view merely to restrain the mischievous sale of powder, &c., so injurious to both nations. They en- quired not by what rule traders walked. They presumed they did not trade to their own disadvantage. If, how- ever, the restrictive laws they had passed were ill con- sidered, they should soon be repealed. The New Haven magistrates, they were assured, were inclined both to justice and friendship, but Stuyvesant himself had thrown impediments in the way, by claiming that place and juris- diction over it, and some others had used offensive and threatening language-"ill arguments as the state of affairs then stood." Should the treaty be brought to a satisfac- tory issue, proper provision could be made for the rendi- dition of fugitives, and the renewal of friendly correspond- ence. The seizure of the Island prize at Rhode was beyond their jurisdiction, and into its merits they could not enter.
This letter, and the conclusions it bespoke, evidently showed that the commissioners were not disinterested umpires. Director Stuyvesant looked upon it as an un- favorable prognostic, and hastened to bring matters to a Sep. 26. close. He considered it most judicious to abandon the controversy about Hartford, though he could produce the testimony "of Dutch, English and Indians" to the pur- chase of and payment for a certain quantity of land, now partly in Dutch possession and partly usurped by the Hartford people ; but he forbore the further prosecution of these claims, where his opponents were both "judges and parties in the cause." He declined being responsible for his predecessor's acts, but took special note of the fact that the commissioners found him guilty of acts committed against themselves, before these were proved, or his
IX. 1650.
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answer heard. His doubts of receiving justice were,
BOOK IV. therefore, only strengthened. He declared himself inno- 1650. cent of any intention to use offensive or threatening lan- guage towards New Haven. On due examination it would be found otherwise. He reiterated his demand for the repeal of the act prohibiting trade with the New England Indians. The grounds on which it was passed were to prevent the sale, among them, of arms and ammunition. But this did not justify the punishment of the innocent with the guilty. Any person trading in articles of contraband should, with propriety, suffer. Such trade he himself pro- hibited. He reiterated the complaint of selling goods to the Indians at too low a rate, as he conceived such prac- tice detrimental to the general interests, but waived all further discussion on the subject. He concluded by pro- posing that the commissioners should appoint two indiffer- ent citizens of Boston and Plymouth, with proper powers, and he should depute two others, to whom each party should refer their rights and titles, and abide by their award. Or, if those aggrieved would consent to bury the past, he would agree to unite in the consideration of what may be thought most conducive to the public good of both nations in these parts.
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