USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. II > Part 4
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In the case of Kuyter there were some mitigating points, but these in his estimation were few. He was guilty of having threatened his Director-general "with his finger." This was a crime of pernicious tendency ; an offence against his person and dignity, punishable by military law with deprivation of life or limb. "He who slanders God, the magistrate, or his parents," says Bern. de Muscatel, "must be stoned to death." It is true, that the Emperor Augustus suffered more abuse than he ever returned. Yet Damhouder lays down the principle, that he does an injury who threatens another by look, as in the present in-
1 JOSSE DE DAMHOUDER, or Damhauder, was a Flemish jurisconsult, born at Bruges, 1507, very conversant with the practice of the civil and criminal law. Charles V. and Philip II. appreciated his merit, and elevated him to the first judicial offices in the Low Countries. He died at Amiens, 22d January, 1581, leaving behind him the following works : 1st. Praxis Rerum Civilium, 4to. (Ant- werp, 1596.) 2d. Enchiridion Rerum Criminalium, (Antwerp, 1562, 1601, 1616, in 4to. with plates.) This work has been translated into German and Dutch ; but it was placed on the Index at Rome, until the author had corrected some objectionable passages in it. Both of the above were subsequently reprinted together at Antwerp, in 1616 and 1646, with notes to the first, by Nicholas Tul- den. 3d. Patrocinium Pupillorum, Minorum, et Prodigorum. (Bruges, 1544; Antwerp in 1546 in fol.) Damhouder turned his work on Criminal Practice into French. It was published at Brussels in 1571, in fol. with plates. Besides the above work by Damhouder, which was the principal authority on criminal law in New Netherland, there was another author, Barent Van Zutphen, whose writings were much esteemed.
VOL. II. 3
[. 1647.
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HISTORY OF
BOOK stance by finger; which misdeed becomes aggravated in IV. a greater degree, when committed against a councillor, an 1647. officer, or clergyman, or in a public place, as in the Col- lege of the Eight Men. Taking all the bearings, then, of this case into consideration, Director Stuyvesant concluded that the prisoner deserved an arbitrary correction, and to be fined three hundred guilders. He should be obliged, moreover, to repair the injury he had committed, by ac- knowledging before God and the Council that he had done wrong.
The majority of the Board were, however, averse to July 25. such harsh sentences. Melyn was finally condemned to seven years' banishment, and to pay a fine of three hun- dred guilders, ($150,) one-third of which was to be given to the poor, one-third to the Church, and the remainder to the Attorney-general. Kuyter was sentenced to be ban- ished for three years, and to pay a fine of one hundred and fifty guilders, which sum was ordered to be distributed in the same manner as the other fine.1
Having thus triumphed, and achieved what he consid- ered ample vengeance over his enemies, Kieft prepared to depart for Fatherland. The Rev. Everardus Bogardus July 22 had already resigned his office as pastor of New Amster- dam, and had obtained permission to return home, and Fiscaal Van der Huyghens was about to accompany his Aug. 16. late chief. They embarked in the Princess, Kieft taking with him specimens of his tested minerals, and a cargo esti- mated at twenty thousand pounds. On the passage home, the mariners mistook the channel, entered the Severn, and Sep. 27. were cast away on the coast of Wales, near Swansea. Eighty-one souls, men, women and children, perished in that unfortunate vessel, and of the cargo nothing was saved but a few furs. "I told Willem Kieft," said De Vries, in 1643, " that I doubted not that vengeance for the innocent blood which he had shed in his murderings, would, sooner or later, come on his head." This prophecy was fulfilled with awful precision, overwhelming alike friend and foe, the innocent and the guilty. Kieft, Van der Huyghens,
1 Alb. Rec. vii., 36-53, 56-67.
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and Bogardus, perished in this dreadful shipwreck ; the CHAP. last mentioned leaving a widow and a large family to~ lament his loss.1
A misfortune so terrible, might be expected to have ex- cited sympathy and sorrow in all hearts. But strange as it may seem, all looked upon Kieft's death as an act of re- tributive justice. In New England, it was considered " that the solemn providence of God had appeared therein, to bear witness against those who had so many years injured his own people in those parts, which some could not pass by without due acknowledgment and observa- tion." He sunk into his watery grave, unlamented even by those in whose service he had passed ten years, who now 1139043
I ANNETJE JANS, widow of Dominie Bogardus, survived her husband nearly sixteen years. She died in Beverwyck, in 1663. She had, by her first mar- riage, Sarah Roeloffsen, (who married Surgeon Hans Kierstede ;) Catrina Roe- loffsen, (who married Johannes Van Brugh ;) Fytje Roeloffsen, (who married Pieter Hartgers ;) and one son, Jan, unmarried at his mother's death. By her second husband, she had Willem, Cornelis, Jonas, and Pieter Bogardus. All her property, both real and personal, was by will, (dated 29th January, 1663, and of record in the original Dutch in Albany,) divided equally among her children, on condition that the four first named should receive 1000 gl. from the proceeds of the farm which she owned on the North River, Manhattan Island. This farm, called "the Dominie's Bowery," contained 62 acres, and was granted originally to Roeloff Jansen, in 1636, confirmed to his widow and heirs in 1654, and again to the latter, in 1667. On the 9th March, 1671, Willem Bogardus, for himself and brothers, Jan and Jonas, and two of Annetje Jans' sons-in-law, (acting in right of their wives, and by assignment of Peter Bogardus,) conveyed this Bowery to Col. Francis Lovelace, then Governor of New York, from whom, it is inferred, the title passed to the Duke of York and the Crown, after which, it formed part of what was, successively, called "the Duke's Farm," " the King's farm," and " the Queen's farm." In the year 1705, this farm was conveyed by Letters Patent, under the great seal of the province, to the Corpora- tion of Trinity Church, New York, in whose possession it has since, for the most part, been. The Bogardus farm, or the Dominie's Bowery, extended from a line a little south of the present Warren st., northwestwardly about a mile and a half, to what is now Christopher st., forming an irregular triangle, having its base on the River, running, however, along Broadway, only from Warren to Duane. Cornelis Bogardus, third son of Annetje Jans, not having been a party to the conveyance to Governor Lovelace, his heirs claim a share of this extensive property ; the prosecution of which has formed the subject of vari- ous, though unsuccessful suits in Chancery against the Church. [Paige's Chan. Reports, iv. 178; Opinion of the Hon. Vice Chan. Sanford in re Bogar- dus et al. vs. Trinity Church ; New York, 1817, 8vo. pp. 40.] The Rev. Domi- nie Bogardus held a tract of land also on the north side of Mespath's Kill, L. I., which went by the name of "Dominie's Hook." The heirs sold this farm in 1668, to one John Sharp, for 7,950 gl.
I. 1647.
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HISTORY OF
BOOK IV. were of opinion, that it had been better had he been obliged, by himself or his friends, to justify his conduct.
1647. The vacancy created in the ministry, by the retirement of Dominie Bogardus, was filled by the appointment of the Rev. Johannes Backerus, formerly Pastor at Curaçoa. The salary of this clergyman was one hundred guilders per month, and two hundred guilders per annum for board, a stipend equal to $560. With all this he was still unwill- ing to remain. He had, therefore, the promise that an- other minister should be appointed in his place, if his indis- position to remain in the country continued. But if the Director should not deem his removal advisable, then his allowance for board was to be increased.1
There was manifest unwillingness all this time, on the part of the commonalty, to furnish that aid which, in obe- dience to his instructions, Director Stuyvesant demanded for the repairs of the fort. The Indians, too, were becom- ing discontented. The presents promised them, at the conclusion of the last peace, remained still unpaid. The Raritans and the Matineconks were loud in their threats, and trouble impended in consequence. Without means, the Director-general felt all the difficulty of his position ; he was "actually unprovided with money or goods." On the one hand was the dissatisfied Red man ; on the other, " the wavering multitude, ready to censure him should Aug.26. war break out." In the midst of these difficulties he called the Council together, and communicated to them the com- mands of the Company, as well as the urgencies of the Indians.
The Council saw the necessity of action, but considering the importance of the question to the citizens generally, recommended that the commonalty be allowed some REP- RESENTATIVES to express their wishes and make known their wants. In accordance with this suggestion, an order was issued to the people to choose eighteen of the most expert and reasonable persons, from whom the Director and Council would select NINE MEN, " as is customary in
1 Alb. Rec. iv., 1, 4, 11; vii., 55; Van der Donck's Beschryv. van N. N .; Winthrop's N. Eng. ii., 316 ; Hubbard, 444; Ogilby's Col. America. 172.
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NEW NETIIERLAND.
Fatherland," to give their advice when called on, and to CHAP. assist in promoting the welfare of the country. This elec- I. tion having been held, the following popular charter was 1647. shortly afterwards proclaimed :
" WHEREAS, We desire nothing more than that the gov- Sep. 22. ernment of New Netherland, entrusted to our care, and principally New Amsterdam, our capital and residence, might continue and increase in good order, justice, police, population, prosperity and mutual harmony, and be pro- vided with strong fortifications, a church, a school, trading place, harbor and similar highly necessary public edifices and improvements, for which end We are desirous of obtaining the assistance of our whole commonalty, as nothing is better adapted to promote their own welfare and comfort, and as such is required in every well regu- lated government. Being unwilling, however, to vex and harass our dear vassals and subjects in any way by exactions, impositions and insufferable burdens, but rather in a more de- sirable manner to induce and solicit them to assist voluntarily in such honest and highly necessary works :- And where- as it is difficult to cover so many heads with a single cap, or to reduce so many different opinions to one, so did We, heretofore, with the advice of our Council, propose to the commonalty that the inhabitants should, without passion or envy, nominate a double number of persons from the most notable, reasonable, honest and respectable of our subjects, from whom we might select a single number of NINE MEN to them best known, to confer with us and our Council, as their Tribunes, on all means to promote the welfare of the commonalty, as well as that of the country ; Wherefore, a double number of our good and loyal sub- jects having been, consequently, proposed, We, with our Council, select from said nomination, Nine Men, to wit :- From the merchants, Augustine Heermans, Arnoldus Van Hardenburg, Govert Loockermans ;1 from the citizens, Jan
1 Augustine Heermans was originally from Bohemia. After filling various offices of respectability in New Netherland, he finally moved to Maryland. Go-
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HISTORY OF
BOOK Jansen Dam, Jacob Wolfertsen, (Van Couwenhoven,) Hen- IV drick Kip; from the farmers, Michel Jansen, Jan Evertsen 1647. Bout, Thomas Hall, as Interlocutors in behalf of the com- monalty, who having sworn before Us and Our Council, to conduct themselves reasonably, and be faithful to their instructions, have been confirmed in their office on the following conditions :
"I. As good and faithful Interlocutors and Trustees of the Commonalty, they shall endeavor to exert themselves to promote the honor of GOD, and the welfare of Our dear Fatherland, to the best advantage of the Company, and the prosperity of Our good citizens ; to the preservation of the pure Reformed Religion as it here, and in the Churches of the Netherlands, is inculcated.
" II. They shall not assist at any private conventicles or meetings, much less patronize such like deliberations and resolves, except with the special knowledge and advice of the Honorable Director-general and his Council, and his special order, unless only when they are convened in a legitimate manner, and have received the proposals of the Director-general and Council, then they have liberty to delay so that they may consult together upon such pro- posals, and then bring forward their advice ; provided that it remains always in the power of the Director-general either to assist at such meeting in person, or to appoint one of the Council to act as President of such meeting, to second and support such proposals, collect the votes, and make a report of the result to the Council.
"III. Whereas, by increased population, the number of
vert Loockermans came out with Van Twiller, in 1633. He was brother-in-law to Oloff Stevensen Van Cortlandt, and Jacob Van Couwenhoven, and married Maria Jansen, by whom he had Elsje, Cornelis, Jacob, Johanna, and Marritje. Elsje married, Ist, Cornelis P. Van der Veen, by whom she had Cornelis, Tim- othy, and Margaret. She next married Jacob Leysler, who subsequently acted so prominent a part in the early colonial history of New York. Marritje Loockermans married Balthazar Bayard, step-son to Governor Stuyvesant, and a respectable brewer in New York. Joanna, or Jannitje Loockermans, was the second wife of Surgeon Hans Kierstede, and her children were Areantje, Cor- nelis, Jacobus, and Maria. Govert Loockermans, after filling some of the high- est offices in the Colony, died, worth 520,000 gl. or $208,000 ; an immense sum, when the period in which he lived is considered. His widow was buried 20th November, 1677.
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NEW NETHERLAND.
lawsuits and altercations unavoidably are multiplied, and CHAP. many trifling questions may be terminated by arbitrators ;~ 1. otherwise, important affairs must be postponed to the great 16+7. prejudice of this city and its inhabitants, and at the price of enormous expenses, loss of time and vexation of the contending parties ; therefore, three out of the number now chosen shall once in each week, namely, on every THURSDAY, on the usual court day, be admitted to Our council, as long as civil cases are before the Court, to become acquainted with cases where parties might be referred to them as arbitrators ; to wit: one from the merchants ; one from the citizens; and one from the farmers. This shall circulate in rotation among them every month, and in case any one cannot attend Court, by reason of sickness or otherwise, another member of the same class shall then take his place, when parties shall be referred by the Director to them as arbitrators, to whose decision parties shall be obliged to submit, or by unwillingness pay for the first time one pound Flemish, be- fore the plaintiff can appeal or be admitted to Our council.
"IV. The number of Nine chosen Men shall continue until lawfully repealed, provided that annually six leave their seats, and from the most notable citizens, again twelve be nominated, who, with the Nine assembled, shall be com- municated to Us, without Our being required to call in future the whole commonalty together. This meeting shall take place, after next New Year's day, on the last of December annually.
" Done in Council this 25th day of September, 1647. (Signed,)
P. STUYVESANT, BRIAN NUTON,
L. VAN DINCLAGE, A. KEYSER,
LA MONTAGNE,
P. LEENDERTS. VAN DER GRIST."1
This Charter, meagre though it be in privileges and concessions, deserves notice as marking the glimmering of popular freedom at this remote day. Previous to the war,
1 Alb. Rec. vii., 72, 73, 74, 81, 82, 83, 84.
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HISTORY OF
BOOK the citizens were allowed to elect a Board or College, first IV. of Twelve, and afterwards of Eight Men. The influence 1647. of these, however, was null. We have seen the former summarily extinguished the moment they presumed to demand for their constituents an extension of political power ; whilst the latter were so little esteemed by the Director-general, that he planned and executed his expe- ditions against the Indians without their knowledge, and against their well-known opinions. Now they have a little more authority ; they are to be consulted on all matters of importance ; are to perform some part in the settlement of disputes between their fellow colonists, and become thus invested with limited judiciary powers ; and all those sub- jected themselves to fine who contemned or appealed from the decisions of the NINE MEN.
The introduction of this description of tribunal in the infancy of this country, is interesting also in another point of view. It forms an additional proof that Holland was the source from which New Netherland derived its munici- pal institutions, and marks how strongly its first settlers were attached to those freedoms with which they were so familiar in their Fatherland.
The " Tribunal of Well-born Men," or of " Men's Men" as it was sometimes called, was one of a very ancient date, having been first instituted in the Low Countries, it is supposed, in the year 1295. It originally had separate criminal and civil jurisdiction, the first exercised by thir- teen, and the second by seven men. These courts were united, shortly before the Revolution, the bailiff of each district having been then allowed to administer justice, in both civil and criminal cases, with " Thirteen elected good Men." This system, so like the modern jury, continued until the spring of 1614, when the number was altered to "Nine well-born Men," who were authorized to administer justice together.1
The tribunal now established by Stuyvesant was a modi- fication of that already in existence between three and four centuries in Holland, restricted, however, in jurisdiction as a
1 Van Leeuwen's Com. 15.
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NEW NETHERLAND.
court of law, yet clothed with the privilege of being consulted CHAP. at the pleasure of the supreme power, in questions apper-
I. taining to the public welfare, or the interests of their con- 1647. stituents. But with the election of the first " Nine Men," all popular privileges were to cease in New Amsterdam. The sitting board, and not the citizens, were to select their successors, and thus this court became from the outset irresponsible to, and uncontrolled by the people ; so jeal- ous was authority in those days, as it has ever been under a colonial system, of the intervention of the masses in the selection of their magistrates, and of their interference in public affairs.
Having thus organized this popular body, with a view to exercise a more powerful influence over the inhabitants, whose co-operation he required in carrying out the orders of his superiors, Director Stuyvesant lost no time in calling their special attention to the condition of the fort and of the church, to the state of public education in New Am- sterdam, as well as to the mean appearance of the city itself. The greater part of the houses were built of wood Nov. 11. and covered with straw ; many of the chimnies were also of wood, all of which circumstances contributed greatly to endanger the public safety. The education of the children had of late been neglected altogether, and owing to the want of proper accommodations, no school had been kept for three months.
The " Nine Men," representing Manhattans, Breukelen, Amersfoort, and Pavonia, were therefore summoned to de- liberate with the Director-general, on these various and important questions. But on the day appointed, sickness pre- vented his attendance. A species of influenza passed over the whole continent, attacking Indians, English, French, and Dutch, indiscriminately, and Stuyvesant was now only slowly recovering from the distemper.' He, therefore, Nov. 15. communicated from his bed-chamber, his sentiments by
1 It began with a cold, and in many, was accompanied with a light fever. Such as bled, or nsed cooling drinks, generally died ; such as made use of cor- dials, and more strengthening comfortable things, for the most part, recovered. Winthrop, New England, ii., 310; Hubbard, 531.
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HISTORY OF
BOOK written message. He urged again on them the necessity IV. of finding means to repair the fortifications, in order to se- 1647. cure, in case of invasion, safe retreat " for our beloved sub- jects, both in person and property." He communicated, at the same time, his consent to defray, on behalf of the Com- pany, a portion of the expenses, necessary for the encour- agement of education, and to continue such assistance in future, " to promote the glorious work." Meanwhile, he informed them, that a convenient place for a school-house and dwelling for the school-master, would be provided for the winter, either in one of the out-houses belonging to the Fiscaal's department, which the Director-general would prefer, or any other suitable place that the deacons of the church might approve. He recommended them to make proper regulations for the prevention of fires, and reverted particularly to the necessity of completing the church, which Kieft had commenced five years before, and which remained still unfinished.
The arrangements for public education and for complet- ing the church met with no objection, but the plan for re- pairing the fortifications was absolutely condemned. By the Charter of 1629, the Company was bound to defend its subjects from all hostile attacks. The commonalty was, moreover, obliged to pay the duties on imports and ex- ports, the excise and the toll at the Company's mill. It was, therefore, decided that the expense of the public works ought be defrayed from these funds.1
1 Alb. Rec. vii., 106-108, 110, 116.
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CHAPTER II.
Correspondence with the New England Colonies -- Stuyvesant to Governor Winthrop-IIis letter laid before the United Colonies-Their resolution there- upon-Governors of Rhode Island, &c., complain of the Dutch tariff-The Indians assume a threatening appearance-Messengers sent to allay their dis- contents-A Dutch vessel discovered at New Haven-Obtains a permit to trade at the Manhattans on certain conditions-The Dowager Lady Stirling claims Long Island-Her agent visits New Amsterdam-Interview between him and Stuyvesant-Is arrested and shipped to Holland-Escapes to England -The owner of the Dutch vessel fails to comply with the conditions on which he was permitted to trade-Stuyvesant determines to seize the ship, which is cut out of the harbor of New Haven-Great excitement in consequence -- Governor Eaton's letters to Stuyvesant-The Director-general explains his conduct-Fails in satisfying the New Haven Governor, who threatens retalia- tion-Stuyvesant rejoins-Correspondence broken off-New Haven harbors fugitives from New Amsterdam-Stuyvesant in return, offers protection to all runaways from New Haven-Comments on such proceeding-Stuyvesant writes to Massachusetts and Virginia-Outwits Governor Eaton-Succeeds in persuading the Dutchmen to return-Recalls his proclamation.
THE state of confusion in which Kieft left the relations CHAP. between the Dutch and those of New England, claimed II. at an early date the particular attention of Director Stuy- 1647. vesant. He was already aware of the encroachments on the Company's territory, of the ill-feeling in consequence, and could not but perceive that sound policy dictated an early settlement of the many differences which had so long existed. With a view, therefore, to pave the way for a favorable arrangement at some future period, should propitious circumstances offer, he addressed letters, couched in courteous terms, to the several governors of the adjoin- ing colonies, expressive of his desire to live in peace and good fellowship with them; and to promote, by mutual acts of kindness, good government and respect for the laws among the people under their charge. In that to Governor Winthrop of Massachusetts, he reiterated his June 25. willingness to co-operate, at all times, in the friendly com- position of all questions between them, saving always " the indubiate right" of the States General or West
-
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HISTORY OF
BOOK IV. India Company, "to all that land betwixt that River called Connecticutt, and that by the English named Dela- 1647. ware." He invited the Governor, with other indifferent persons of his countrymen, to appoint a time and place, where they might consult in a friendly and Christian-like manner on past occurrences, and do their best to reconcile present, and prevent future misunderstandings ; and con- cluded by requesting a continuance of his good offices, to such Dutch traders as may visit his ports, and of that friendly correspondence which had hitherto existed be- tween Stuyvesant's predecessors and him.
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