USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. II > Part 42
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1 Alb. Rec. xvii., 33, 38; xxiv., 360-365.
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BOOK in to the Directors, who were at the same time expressly
VI. informed that should they persist in retaining possession 1660. of that place, all possible and lawful means would be used Aug. 23. by the proprietor to defend his rights, and reduce the Dutch to his obedience. " That all the world may see and acknowledge that nothing but what is right and just is intended," Capt. Neale offered, at the same time, to negotiate for the termination of this business in a peaceable and friendly manner, on reasonable and honorable terms. Aug. 29. The matter was referred to the Assembly of the XIX., who, with very little delay, drew up their reply.
Sep. 1. They expressed great surprise that Lord Baltimore should put forth such claims. They had been for a long series of years in lawful possession of the country in question, without any pretension being made thereto, either by his lordship or any one else. They were now re- solved to retain that possession, and to defend their people, their rights and immunities, against every person whom- soever. They hoped, they added, that Lord Baltimore would consider well before he acted as he threatened. If, however, he should proceed to execute violent measures, then it was their duty to say, that the West India Com- pany, under the protection of their High Mightinesses, would employ all the means, with which it was provided by God and nature, to preserve its possessions, protesting themselves innocent of all the Christian blood which might be shed in such a struggle.1
New Netherland being thus threatened at both extremi- ties-from the north and from the south-at a moment, too, when it was about to be in a position not only to sustain itself, but to reimburse its proprietors their heavy outlays, Nov.5. now exceeding ten tons of gold," the XIX. voted an ad- dress to the States General, requesting that their ambas- sadors in England be instructed to complain of those en- croachments ; to demand of his Majesty to order Lord
1 Alb. Rec. iv., 354; viii., 292-302; Hol. Doc. ix., 111-126, 175-177; Lond. Doc. iv., 175-177.
2 " Al verre over de Thien Tonnen gouts comen te bedragen," equal to 1,000,000 gl.
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Baltimore to desist from his unfounded pretensions, and CHAP. from disturbing his neighbors, at least until a boundary~ IV. line be run between his province and the Dutch posses- 1660. sions ; and further, to command that the Fresh River and the lands lying on both its banks, together with that part of Long Island illegally usurped by the northern English, forthwith be restored, and that those residing thereupon be holden to conduct themselves as other of their High Mightinesses' liege subjects ; thirdly, to direct that a boundary line be drawn between the English and the Company, to prevent, for the future, similar invasions. Finally, the Directors requested that means be adopted to obtain the renewal and ratification of the treaty of 1627, which conceded to the Company's ships the free use of all the British ports. A voluminous report on the subject of boundaries in New Netherland, reviewing the history of the difficulties between the English and Dutch from Wouter van Twiller's time to the present, accompanied this address. All these papers were placed in the hands of the ambas- sadors, then on the eve of departure for England, with instructions to call the attention of King Charles, as early as possible, thereto.1
The committee, appointed in the fall of 1659 to investi- gate the affairs of New Amstel, having satisfied themselves that there was no prospect of reconveying that colonie to the Company, proceeded to make a searching enquiry into the principal causes which retarded its prosperity and the remedy to be applied for their removal ; the means to be adopted to advance its interests, and the amount required to place it in a position to maintain itself and to render it a source of profit to the city of Amsterdam.
According to information obtained from persons in the 1661. city's service on the South River, the committee ascribed Mar. 9. the backwardness of the settlement to want of sufficient discretion and prudence in the late Vice Director. The colonists, unable, in consequence, to obtain a subsistence, had, for the most part, left the place. The differences
1 Hol. Doc. ix., 144-301.
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HISTORY OF
BOOK between Director Stuyvesant and the local authorities, on VI. the subject of jurisdiction and other points, tended also to 1661. drive many away and to cause much discontent among those remaining. The great oppression of which the colonists complained arose from the circumstance that they were subject to appeal to the Director-general at the Man- hattans in civil suits exceeding forty dollars. This tended, in fact, to an exclusion from justice of the mass of the settlers, whose circumstances and position disabled them from defending actions in appeal before a court so distant. No good policy whatever could be promoted by allowing appeals in criminal cases. The regulation which rendered it obligatory to discharge and inspect at New Amsterdam, or some other of the Company's entrepôts, merchandise freighted for New Amstel, was another grievance, which was only increased by the claims put forth by the Com- pany's servants on the South River for anchorage in front of the city's colonie. To obviate these various evils, the appointment of another Vice Director was recommended. The differences about jurisdiction could be arranged by the Company holding their Director strictly to his duty, forbidding him to encroach in any manner on the city's rights, but, on the contrary, charging him to promote its interests and to live in harmony with its officers, "espe- cially as on complaints to the Chamber at Amsterdam, very earnest letters had already been addressed to that effect to the said Director."
To remove the inconvenience resulting from appeals, Mar. 21. the Company extended the jurisdiction of the Schepens at New Amstel, in civil cases, to six hundred guilders ($240) Holland currency, and abolished the right of appeal, in all criminal matters. Henceforward the city might send direct to their colonie its own vessels, whether freighted on its own account or on account of individuals, and license ships of private persons to trade thither, subject, however, to the Company's regulations.
To prevent the recurrence of difficulties about the right of anchorage, the Company promised, that when the city increased the population of its colonie, they should inter-
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NEW NETHERLAND.
pose no objection to the extension of its limits, on the CHAP. east bank of the South River, as far as its territory now
IV. ran on the west side. The remedy recommended for the 1661. prevention in future of the evils under which the colonie already suffered, was to discharge the soldiers then in the pay of the city, and to leave the defence of the place alto- gether to its inhabitants. To carry out this plan, they proposed that free grants of land be made to the troops then in the country, on condition of rendering military service in case of need, when they should again be placed under pay ;' and that land be in future conveyed to such freemen as may proceed thither, in the same manner as the Company adopted, "to the great advantage of the country." 'This plan was expected to prove successful, especially " as many people can now be found well inclined to emigrate." It was further recommended that twenty- five or thirty boerknechts, or farm servants, from West- phalia and Guilderland, be forwarded to the South River at the public expense, on condition that the produce of their labor belong to the colonie. A considerable reduc- tion in the number of persons in the public service was, lastly, recommended, and the civil list was henceforward to consist of one director, one sheriff, one assistant com- missary, one surgeon, one cooper, one smith, one comforter of the sick, to act also as schoolmaster. Ten thousand dollars were required to execute the proposed plan. This sum was to be expended in merchandise and implements of agriculture, the profits derived from the sale of which, with the future revenues of the colonie, would, it was cal- culated, suffice for the payment of the above establishment. The appropriation now demanded was to be the last re- quired for the support of the colonie.2
This report was concurred in ; public notice was given Aug. 18. of the changes made in the charter of 1656, and the mer-
1 The manner in which the military received this proposition, is thus com- municated by Stuyvesant :- " To this the soldiers answered : ' We know no trade, nor how to labor on a farm. Our sword must earn our living; if not here, then we must seek our better fortune elsewhere.' This is the reason why they return to Fatherland."
$ Hol. Doc. xv., 37-50 ; Alb. Rec. viii., 335-337.
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BOOK chants of Amsterdam and other cities were invited to take VI. an interest in the colonie.1
1661. . Meanwhile the commissaries entrusted, at Amsterdam, with the management of the affairs of New Amstel, had appointed, on the 28th of August of the preceding year, D'Hinoyossa Director over their colonie. The impolicy of maintaining two separate and distinct jurisdictions on the river, became now obvious, as it was a continual source of disturbance. D'Hinoyossa considered himself equal to, and independent of the Director-general, and avowed at once his determination " not to be imposed on, any longer, by those at the Manhattans, with their man- Sep. 9. damuses, ecclesiastical laws and statutes." He insisted that vessels should lower their colors when passing New Amstel, and threatened to examine their lading; whilst Beekman, on the other hand, claimed jurisdiction over all the river, even in front of the city's colonie, whose aut ority, he maintained, did not extend farther than the water's edge. Not satisfied with this, he even cited D'Hinoyossa before him at Altona. This summons the latter disobeyed, "on the ground that he was, himself, the 1662. head and fountain of justice." But Beekman persisted May 15. notwithstanding, and now charged D'Hinoyossa with having indulged, before a number of persons in the tavern at New Amstel, in a violent attack on the Director- general and the authorities at New Amsterdam, whom he denounced as his mortal enemies ; threatening at the same time, that if "the city " should not support him, he would imitate the example of Minuet, " who, in consequence of the ill treatment he had received from the Company, had brought the Swedes to the South River." He too, in like manner, would bring the English, the Portuguese, the Swedes and the Danes hither, for " What the devil did
1 Hol. Doc. xv., 123 ; xvi., 231-235; Alb. Rec. iv., 377 ; xviii., 195.
$ They refused to publish one of Stuyvesant's proclamations for a day of fast and thanksgiving, but issued one themselves, in which they omnitted all mention of the Director-general and Council of New Netherland, and wrote to Stuyve- sant at the same time, " that they expected no more such orders and injunctions from him, as they would for the future take care of themselves." Alb. Rec. xviii., 195.
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he care whom he served ? He should have his revenge." CHAP. And then taking a drop of wine on his finger, he added,
IV. " If I could drown or poison them (of the Manhattans) 1662. with this, I should not use a spoonful." He was likewise charged with having sold to the English at Maryland considerable property, sent out for the accommodation of the settlers. To substantiate these charges, Beekman summoned several of the citizens of New Amstel, but here again came into action the difficulty about jurisdic- tion. They refused to testify, and Beekman, in order to obtain their evidence, was obliged to arrest them, whilst June 7. temporarily visiting Altona. Other disorders followed. The ordinances of religion were totally suspended ; the Lord's Supper had not been administered during two years and a half in the colonie, and several children remained unbaptized. Sheriff Van Sweringen, in a moment of terror and alarm, had shot one of the Company's soldiers whilst passing his door ; Stuyvesant and Beekman insisted on bringing him to punishment, but D'Hinoyossa protected him, and he was eventually pardoned. One way alone remained to terminate these mischievous broils: that was, for the City or the Company to relinquish its territory on the river-the one to the other-and thus bring all the colonists under one authority. D'Hinoyossa and Van Sweringen proceeded to Holland, with a view to induce the parties to come to some such arrangement.1
The advertisements and representations published in Holland, by those interested in the promotion of emigra- tion to the South River, attracted considerable attention, and induced many to turn their thoughts thitherward ; among others, a number of Mennonists undertook to settle the Whorekill. The projected association was to consist only of such males as were married, and of such single men as had attained the age of twenty-four years, and were not bound to service nor indebted to the associa- tion. As equality was to be its basis, every associate was, on entering the community, obliged solemnly to promise
1 Alb. Rec. iv., 350, 351 ; xvii., 95, 100, 127, 129, 151, 169-179, 199, 202, 236, 243, 247, 279. Lond. Doc. iv., 177.
VOL. II. 30
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HISTORY OF
BOOK that he should never strive to obtain any superiority or VI. office therein, nor suffer himself to be induced, by any 1662. other member, to seek for such honor, but to oppose it by all means in his power. . He was also pledged to obey all ordinances legally enacted by the association. "For the maintenance of peace and concord," all clergymen, without distinction, were to be rigidly excluded from the society. As it was to be composed of persons of divers opinions, this exclusion was unanimously agreed to, for in choosing a minister of one sect, it would, it was argued, be impossible to harmonize so many discordant humors. To appoint one for each, would be not only impossible, but "an inevitable ruinous pest to all peace and union." It was, moreover, considered " difficult to comprehend the peculiar benefit such a society could derive in any way from a preacher." They were themselves provided. with the Holy Scriptures, which all ministers agreed in pro- nouncing to be the best, and which they looked upon as " the most peaceable and most economical of all preachers." Their controversies were "an almost endless chaffering and jangling" about the proper interpretation of the several passages in Holy Writ, "or efforts to interpret other men's interpretations, which are mere differences among preachers, or attempts to reconcile two differences." Instead of this, it was, in their opinion, wiser " to arrive, by certain and sound reasoning, beyond all uncertain cavil about Scripture, at a right rule for the establishment of good morals, and the direction of civil affairs." By plenty of schools and sound laws these were to be at- tained. Baptism and the Lord's Supper, they considered "signs or ceremonies becoming rather weak children, than men in Christ." Their religious exercises were to be few and simple, as their object was "to avoid all peculiar contentions and fierce sectarianism in religious matters." To accomplish this, they proposed to assemble, at a stated hour in the forenoon, on every Sunday and holiday, to sing a psalm, and listen to the reading of a chapter from the Bible, by some one of the society appoint- ed in turn to that duty, concluding the service by another
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hymn ; after which the court should assemble at the same CIAP. place, for the transaction of public business. As a quali- IV. fication for the exercise of political rights, each member 1662. of this community was to take the oath of allegiance, and register his name, age, and residence, as well as that (when married) of his wife, and the number of his children and servants ; also their trades " and religious persuasions." For though it was declared, at the outset, that the society was to be composed of persons of differ- ent creeds, "all intractable people, such as those in com- munion with the Roman see, usurious Jews, English stiff-necked Quakers, Puritans, foolhardy believers in the millennium, and obstinate modern pretenders to rev- elation," were declared incapable of admission into the body.
All laws and regulations were to be concurred in by at least two-thirds of the members, who, it was provided, should vote by ballot. The same number of votes was to be required for the changing or annulling of such laws ; and to avoid all chance of rashness, no such alteration could be proposed nor new laws offered, unless previously submitted to the officers of the association and such as had been already in authority. Before any enactment could be legally in force it was, moreover, to be approved by the representatives of the city of Amsterdam. To consti- tute a meeting for the election of town officers, one hun- dred members were required to be present. Each of these was to write on a ballot the name of such person as he considered best qualified for office. The names of the ten having the highest number of votes, were to be then sent to the Burgomasters of Amsterdam, to select five from the list, who were to continue in power for one year. But, if it should happen that more than ten had a majority of the votes, such of these as had the lowest majority were to draw lots to decide as to whose names should be forward- ed. In like manner those who were akin by blood were to draw lots to determine which should be dropped, as by the Dutch law, no two relatives could sit on the same bench. Should the colonie increase, an additional town
468
HISTORY OF
BOOK officer was to be allowed for every twenty families. After VI. the first election, this nomination was to be held a year in 1662. advance, to allow the names to be sent to and returned from Holland, in season for the officers elect to enter on the performance of their duties. No magistrate was to be re-eligible until after an interval of one year from the expiration of his term of service. The oldest member was to preside over the court at first ; afterwards, the longest in office.
These magistrates were to be clothed with the general superintendence of the affairs of the colonie, and the settlers were, for the five years after their arrival, to live in com- mon. After this term, the land and stock were to be divided, and each was to receive his proportionate share, and to provide for the support of his family. Should he, however, afterwards prove dissolute or idle, and fail to maintain those dependent on him, he was to become sub- ject to expulsion by a vote of two-thirds of his fellow members, and the court was to assume the care of his. wife and children.
In criminal prosecutions carrying with them capital pun- ishment, the proceedings were to be subject to revision ; but cases of a less grave character, and civil suits below a certain amount, as well as all differences " between man and woman, parents and children, servants and masters, man and maid servants," were to be summarily disposed of by the town magistrates. Whoever refused to abide by this decision was to be mulcted in a certain fine ; in case of continued contumacy, he was to be deprived of his. vote, and for a third offence, expelled.
In civil actions beyond a fixed amount, an appeal was to be allowed to a court of revision, on payment of a cer- tain sum. This court was to be composed of the magis- trates who had already been in office, of double the number of those actually on the bench; in case these could not be obtained, then of seven-and-twenty persons taken from the general body of the settlers, who were to decide the question at issue by a majority of votes. It was a close approach to a jury, and their decision was to be final. All
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executions were to be levied after the expiration of three CHAP. months, by the sheriff of New Amstel. 1V.
The laws regulating succession, marriage, the rights of 1662. property and personal liberty, were to be those in force in Holland, especially in the city of Amsterdam ; but for the performance of their duties, the magistrates were to receive no compensation, "not even a stiver." If they did not act for the sake of the honor, they were to do so for the love of their fellow-men. Provision was next to be made for the encouragement of marriage among the younger portions of the society ; for the comfort of the sick ; support of orphans and paupers ; as well as for the purchase of the lands and cattle belonging to such as might desire to withdraw, in course of time, from the association.1
The correspondence on the subject of erecting this singular colonie, finally eventuated in a grant of land at June 9. the Whorekill, free from tenths and all other imposts for the term of twenty years. To assist in obtaining neces- saries for the undertaking, twenty-five hundred guilders were loaned the association by the city of Amsterdam, the expense of the passage of the head of each family therein included, the women and children being transported free of charge. The whole body was bound for the repayment of this sum. By the agreement entered into on this occa- sion, the society was privileged to make such rules and orders as they should consider proper for the government of their settlement, allowing to each member the right to appeal to the tribunals in case he might consider himself unjustly treated. But these rules were not to be in con- tradiction to the fundamental conditions which the City had published in 1656.2
1 The whole history of this project, with the constitution proposed for the colonie, consisting of 116 articles, and the correspondence with the Burgomas- ters of Amsterdam, was printed in 1662, in a small 4to. volume of 84 pages, under the title of "Kort Verhaal van Nieuw Nederlandts Gelegenthiet, Natuur- lyke Voorrechtenen byzondere Bequaemheyt ter Vevolkingh ; Mitsgaders eenige Requesten, Vertoogen, Deductien enz · ten dien einden door eenige Liefhebbers ten verschyde tyden omtrent 't laetste van 't Jaer 1661 , gepresenteert aen de A. A. Hn. Burgermeesteren dezer Stede of der zelver EE. Hn. Gecommit- teerd enz. Gedrukt in 't Jaer 1662."
$ Hol. Doc. xv., 12S. Pieter Cornelisz. Plockhoy was principal leader of these Mennonists.
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BOOK VI. The negotiation for the surrender to the city of Amster- dam of the entire South River, was renewed at the close 1662. of the year. As this was, however, connected with various propositions regarding the regulation of trade, the arrange- ment was not completed for some months. In consequence 1663. of the continued encroachments of the English on every side Feb. 8. of New Netherland, an agreement was concluded whereby the Directors conceded to the Burgomasters "the whole of the Delaware from the sea upwards as far as the river reached, with the territory on the east side, three Dutch miles into the interior, and on the west as far as the country extended towards the English, saving the rights of the settlers and proprietors in the neighborhood," on condition that the city should send out troops to replace those the Company maintained at Altona, and that four hundred settlers be conveyed thither. It was further stipulated, that the Burgomasters were not to sell or trans- fer the colonie on pain of forfeiting all the privileges now granted to them, and they were to send annually four hundred settlers to the colonie.1 To carry this out with Mar. 10. greater vigor, the commissaries called on the City Council for another subsidy, and submitted, at the same time, vari- ous considerations to show both the necessity and wisdom of such a vote.
Were New Netherland sufficiently peopled, it would, they said, beyond a doubt, be the finest country on the face of the globe. Every article now obtained from France or Germany could be produced there, in course of time, in as great abundance as in both these countries together. Already it sends to the West Indies, from the English colonies alone, full two hundred ships of all sizes, and this trade could not fail to be increased were the country still further fostered .? The most favorable oppor- tunities to promote its settlement now presented them-
1 Alb. Rec. iv., 433, 437 ; viii., 352-363.
2 In the Royal Instructions to the Governor of Virginia, September, 1662, it is complained that very much tobacco is shipped from that colony in Dutch ves- sels, where some few English mariners are entertained for that purpose, and that very much which is put on board some English vessels, is not brought to England, as by the Navigation Act it ought to be. Hazard, ii., 610.
.
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selves. Crowds of people from Germany, Norway, CHAP. Austria, Westphalia, and those countries which had suffered by the pressure of the last two years, were in 1663. Holland desirous to emigrate, and the number was in- creased by the religious persecutions of the Huguenots and Waldenses. Several families from Rochelle had requested permission to proceed with farmers to New Netherland at their own expense. They asked only for protection for a year or two against the Indians. Com- merce could not but be benefited if these people were encouraged. The English were most favorably disposed. They expressed every inclination "to open a small door," through which the Dutch might reach them overland, without any risk at sea, should the English government persist in forbidding foreigners to trade with its colonies. No money could be better expended than in supporting the settlement on the South River. In fact, such advances would be only a loan ; for the revenues to be derived from that country, would soon repay any outlays. The risk was small, the returns certain, and for these reasons the supply should be liberal.1
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