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NEW NETHERLAND.
probable, by Geo. Baxter, the Director's English Secre- CHAP. tary, to withdraw from the popular party. The Nine in III. Men were changed, and "the matter therefore went to. 1648. sleep." Finally, General Stuyvesant notified those inter- ested, that he had written to the Company, himself, on the subject.1
Dec. 12.
1 Van der Donck's Vertoogh van N. Nederlandt.
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HISTORY OF
CHAPTER IV.
Johannes van Rensselaer, Patroon of Rensselaerswyck-Van Wely and Van Twiller his guardians-Render fealty and homage to the States General in his name-Brant Arent van Slechtenhorst appointed Director of the colonie- Sails for New Netherland-His son Gerrit acts as sheriff-The Directors in Amsterdam oppose the establishment of colonies-Endeavor to persuade the Patroon of Rensselaerswyck to surrender his lands-Fail in that object-Con- sequences to the colonie-Stuyvesant claims to be supreme ruler of the whole province-Opposed by Slechtenhorst-Visits Fort Orange-His reception there -Summons Van Slechtenhorst and protests against him-Claims jurisdiction for the fort within range of cannon shot-Orders that the colonists be allowed to appeal from the decision of the Patroon's court, and calls for a copy of Slechtenhorst's commission-The latter's reply-Claims the soil around the fort, and persists in enforcing the Patroon's rights-Is threatened with force- Slechtenhorst's counter-blast-Forbids the Company's servants to use the stone or timber of the colonie to repair Fort Orange-Soldiers sent for the first time to Beverwyck-An order issued for Slechtenhorst's arrest-Excitement at Rensselaerswyck-Van Slechtenhorst insulted-The Indians assemble-De- mand if "Wooden Leg" designs to pull down the houses-Invite Slechten- horst to move to the Mohawk country-Further proceedings of the soldiers- The Indians return-Enquire for " Wooden Leg's" dogs-Pacified by Slech- tenhorst, who again protests against the Director-general-Judicial rights of colonies described-Stuyvesant rejoins-The Schout-fiscaal also replies-Van Slechtenhorst summoned to appear at Fort Amsterdam-The Director-gene- ral transmits a report on the whole matter to Holland-Dutch interests at the South River-The Swedes pull down the Dutch house at the Schuylkill, and erect a fort in its place-The Passayunk Indians invite the Dutch to trade with them-Fort Beversreede rebuilt-Swedes renew their opposition-Van Din- clage and La Montagne arrive at the South River-Obtain a confirmation of the lands around the Schuylkill-Protest against Printz-Grant lands to the Dutch settlers there-The Swedes pull down their houses and block up Fort Beversreede-Dutch force on the river-A Dutch company purchase the lands -Opposed by the Swedes, who cut up their building materials-The Dutch protest-Their commerce on the South River nearly destroyed.
ROOK IV. JOHANNES VAN RENSSELAER, heir to the patroonship of Rensselaerswyck, being a minor at his father's decease, the 1646. care of his interests devolved on his uncle Johannes van Wely and Wouter van Twiller,1 executors to the last will and testament of the first Patroon, who immediately ren- dered fealty and homage for the colonie to their High Mightinesses, in the name and on the behalf their ward.
1 Van Twiller died in Holland, in 1656, or 1657. Van Wely died 19th March, 1679, aged 82 or 83 years.
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The immediate management of this estate was entrusted CHAP. to Brant Arent van Slechtenhorst, of Nieukerke in Guilder-
1646. Nov. 10.
IV. land, who was appointed Director of the Colonie, President of the Court of Justice, and Superintendent of all the bou- weries, farms, mills and other property belonging to the Patroon, at a salary of seven hundred and fifty florins ($300) per annum, to reckon from the date of his arrival out, together with a house, four milch cows, two horses, four morgens of tillage and four morgens of pasture land. He was specially charged to uphold, maintain and defend the freedoms and privileges with which the colonie was invested, to promote the interests and advance the settle- ment of Beverwyck and its immediate neighborhood, and to acquire by purchase the lands around Katskill, for the greater security of the colonie, inasmuch as the colonists, through a notion of acquiring property in that quarter, were forming companies or associations to remove thither and abandon Rensselaerswyck. He was further ordered to explore the country for minerals, and to report to his superiors in Holland whatever success might crown these labors. Thus commissioned and instructed, the newly 1647. appointed Director sailed with his family and servants for Sep. 26. Virginia. He proceeded thence in another vessel to the Dec. 12. Manhattans, where he landed after a passage of four months, Feb. 7. 1648. and finally arrived in the colonie in the latter part of March. March His son, Gerrit van Slechtenhorst, was to act as Officier or Schout-fiscaal, at a salary of six hundred florins ; but he filled the office only two months, when it was merged in that of the Director.1
From the moment that colonies began to be planted by Patroons in New Netherland, the Directors of the Amster- dam Chamber became jealous of their existence and
1 Gerrit van Slechtenhorst married Aeltje Lansing, by whom he had four children, viz. : Hellegonda, Gerrit, Rachel, and Gouda. He was one of the Commissaries of Schenectady in 1672, after which he removed to Kingston, Ulster co., where he died 9th January, 1684, N. S. The other children of Brant van Slechtenhorst, were Margaret and Alida. The latter was born in Bever- wyck, and married Gerrit, son of Goosen Gerritsen van Schayck, by whom she had no issue. She lost her husband 11th November, 1679, after which she mar- ried Pieter Davitse Schuyler, son of David Schuyler. For Margaret, see post. p. 177.
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HISTORY OF
BOOK
IV.
opposed to their continuance. They considered them in-
1648.
jurious to the settlement of the country and the increase of its population.1 By the re-purchase of Pavonia and Zwan- endaal in 1634, they took the earliest means to check the evil. In the prosecution of their policy, they endeavored to induce the Patroon of Rensselaerswyck to cede to them his rights, privileges and possessions also, but having failed in effecting this, they now changed front, and determined to circumscribe a jurisdiction and weaken a power which they could not buy off, and which they wished to destroy. General Stuyvesant and Brant van Slechtenhorst were the champions of these hostile interests and opposing views. The former claimed to be supreme ruler of the whole country, irrespective of the special rights and feudal privi- leges granted, as well by the charter of 1629, as by the civil law, to the local authorities of independent fiefs. The latter, thoroughly conversant with the immunities claimed for manors and municipalities in continental Europe, recog- nized the exercise of no authority within his limits save that of his Patroon, or such as was approved and sanctioned by his legal representatives. Whatever orders or placards the Director-general might issue were, he maintained, null and powerless, unless so endorsed or countersigned by his commander, and executed by the officers of his court. It was easy to foresee that pretensions so opposite could not fail to lead to collision, and Slechtenhorst had not been much more than a month at his post when an explosion took place.
· A copy of a proclamation ordering the first Wednesday in May to be observed by a general fast and the performance of public worship in the several churches of New Nether- land, was duly forwarded to Rensselaerswyck. It was received by the authorities of that place, not in that spirit of submissive obedience which the Director-general de- manded for all his orders, but as an invasion of the rights April and authority of the Lord of the Manor, against which 26. Van Slechtenhorst forthwith protested.2
1 Alb. Rec. iv., 199.
2 This 26th April, 1648, hath the Director Slechtenhorst protested against a
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NEW NETHERLAND.
This proceeding did not comport with Stuyvesant's ideas CHAP. either of law or propriety. To correct the abuse he re -~ IV. solved to visit the colonie, where, accompanied by a mili- 1648. tary escort, he soon after landed, his arrival being most loyally greeted by salvos from the Patroon's artillery.1 Summoning Van Slechtenhorst, he called in question his July 21. pretensions, and charged him with infringing the Company's sovereignty. But the sturdy commander retorted : " Your complaints are unjust ; I have more reason to complain, on behalf of my Patroon, against you." The Director-general fulminated, thereupon, a lengthy protest, in which Van July 23. Slechtenhorst was accused with having conveyed lots, and authorized the erection of buildings, in the immediate vicinity of Fort Orange, in disregard not only of the sover- eign authority, but in contempt of the Director-general's commission, thus infringing the privileges granted by their High Mightinesses and destroying the security of the fort. "Such proceeding was totally repugnant to military dis- cipline and tactics." He therefore ordered, "in a friendly manner," a stop to be put to all building within range of cannon shot, unless specially ordered by the Lords Majors. He further commanded, that no new ordinances affecting the sovereign authority, or relating to commerce or the public welfare, be issued without the previous consent of their High Mightinesses or their representative in New Netherland ; and that no exclusive right to any branch of trade be rented, nor any grain, masts or other property belonging to the Company's servants be seized, unless the
certain writing of the Right Hon. P. Stuyvesant, concerning the publication of a day of fasting and prayer, whereby it is understood, that the right and authority of the Lord Patroon are invaded. This document was handed in only before the sermon, so that there was no time to have it read. Rensselaerswyck MSS. 1 July, 1648. Whereas, the Council of the colony directed that the Heer Gene- ral Peter Stuyvesant should be greeted on his arrival and departure, with seve- ral salutes from the Heer Patroon's three pieces of cannon, so hath the Director employed Jan Dircksen van Bremen, and Hans Eencluys, to clean the same, as they were filled with earth and stones, and to load them, in which they were employed three days, to wit: one day in cleaning them ; the second in firing for the arrival, and the third, for Stuyvesant's departure-for which Slechten- horst purchased 20 lbs. of powder, and expended ten guilders for beer and vic- tuals, besides having provided the Heer General, at his departure, with divers young fowls and pork. Ib.
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HISTORY OF
BOOK prosecutions on such suits were disposed of without delay. IV. The practice of compelling the inhabitants of the colonie 1648. to sign a pledge that, as defendants, they should not appeal to the supreme court of New Netherland from judg- ments rendered by the court of Rensselaerswyck, was pronounced " a crime," an infraction of the law of the land, and a subversion of the twentieth article of the charter. To prevent the recurrence of this illegal practice, an annual return to the Director and Council of all the affairs transacted in the colonie and of the proceedings of the court was insisted on, conformably to the twenty-eighth article of the said charter. And as Van Slechtenhorst claimed, in direct contradiction to the charter and the Director-general's commission, to the vilification of the latter's office and in disrespect of the Lords Majors, not to be responsible to the government at Fort Amsterdam, he was called on to produce his authority, either from the States General or the Directors of the Chamber at Amster- dam, for such pretension. Failing this, the Director-general protested against him for disobedience of orders.
Commander Slechtenhorst was, in the estimation of his opponents, " a person of stubborn and headstrong temper." He was, besides, fully confident that he had law and cus- tom on his side ; he was sure that he had the instructions of his superiors in his pocket, and was therefore determined not to abandon the rights of "his orphan Patroon." He July 28. answered protest by protest. He charged, in his turn, the Director-general with having proclaimed a day of fasting and prayer in Rensselaerswyck, " contrary to antient order and usage, as if he were the lord of the Patroon's colonie."
He accused the Company's servants at the fort with having cut, without permission, the best timber and fire- wood in the Patroon's forests, "as if these were their own ;" and with having ranged through the whole colonie, along with people from Manhattans, " with savages by their side to serve as brokers," trading publicly with the aborigines, as if the place were their property ; all this without license from the Patroon or his authorized agents, and without paying either duties or recognitions. As for
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NEW NETHERLAND.
the order not to build within a prescribed distance of Fort CHAP. Orange, it was an aggression which could not be justified.
1648.
IV. The Patroon's trading house stood, " a few years ago," on the border of the moat which surrounded that fort. That soil, with all around, belongs still to the Patroon ; he was never disturbed in its possession until Director Stuyvesant sought now, "by unbecoming means," to oust " his orphan heir," to deprive him of the benefit thereof, and to appropriate the soil to himself; threatening to destroy the Patroon's buildings by cannon shot. Van Slechtenhorst is hereby prevented erecting " even a hog- pen" on the Patroon's own land, and Stuyvesant has be- come a judge in his own case. The assertion that the objectionable buildings endangered the security of the fort, was a mere pretext. They were more than five hundred rods from the fort, or trading house ; and, it was added, eight houses already intervened between them and Fort Orange.
In keeping with the spirit here displayed, did Van Slechten- horst continue his improvements in Beverwyck. Another protest from the Manhattans followed, warning him that Aug. 23. force should be used if he did not desist. But this had the Sep. 7. effect only of calling forth " a counter blast." No suit, he Sep. 8. insisted, could be instituted, nor execution issued in another district, without previous consent of the Schout-fiscaal or court of that jurisdiction, on pain of non-suit and arbitrary correction, and therefore the present proceeding was in- formal. The pretensions now put forth were, moreover, at variance with those which had already been promul- gated, and in contradiction with practice even at New Amsterdam. The Director-general claimed, in July, that all the territory within range of cannon shot belonged to Fort Orange ; now he reduces the circle to the range of a musket ball, within which he will not allow a house to be built, " notwithstanding he permits whole streets to be filled with houses, in view of Fort Amsterdam." It was a matter of surprise, that he should use the power with which he was invested, to oppress "our infant Patroon." It was his duty, as a Christian neighbor, to preach other doctrines ;
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HISTORY OF
to turn his arms, not against friends, but enemies. It was,
BOOK IV. besides, highly unbecoming in him to use force whilst their 1648. High Mightinesses had not yet decided the case, especially as the house in dispute was not within musket shot of the fort.
This continued contumacy served but to irritate the Executive. The freshets of the past winter had nearly destroyed Fort Orange, and the Company's commissary had received orders to surround that post with a solid stone wall in lieu of the wooden fence by which it had hitherto been encompassed. But scarcely had a rod of the work been finished, when Van Slechtenhorst forbade Carl van Brugge, "in an imperious manner," to quarry stone within the colonie, or to fell a tree either for the repair of the fortification or for firewood. The farmers and inhabitants were also ordered, contrary to the practice of former magistrates, and contrary, it might be added, to the fifth article of the charter of 1629, not to convey any such materials thither.1 The Company was thus deprived of articles necessary to build forts, or other edifices, and compelled either to beg them from their vassals, or." what is worse," to purchase them at enormous prices. Whilst thus opposing the repair of the public works, Van Slechten- horst actively continued his own buildings, "even within pistol shot of Fort Orange."
On receipt of this intelligence, General Stuyvesant re- solved to maintain his authority by force. Six soldiers? were dispatched to commissary Van Brugge's assistance, with orders to demolish the offending house, to arrest Van Slechtenhorst " in the most civil manner possible," should he offer any opposition, and to detain him in custody until
1 This prohibition arose rather in consequence of the claim to jurisdiction, than on account of the value of the timber. For "about midsummer of 1649, the Heer General being here, asked Jan Baerentsen to wheel out some masts, which he refused to do, saying that the horses and the land which he made use of belonged to the Patroon, whose consent he must first have. Whereupon the Heer General came to the Director, and requested him, after relating the above circumstances, to consent thereto. The Director accordingly consented. Rensselaerwyck Gerechtsrolle, 1648-1652, 71.
2 A MS. protest among the Rensselaerwyck papers, represents this force as " seven soldiers and five sailors," who remained fourteen days in the colonie.
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NEW NETHERLAND.
he delivered a copy of his commission and instructions, CHAP. and had declared that he had no other. He was finally ~
IV. summoned to appear at Fort Amsterdam to answer for 1648. his conduct. Orders were, at the same time, issued, pro- hibiting the importation of guns into the colonie without license from the Lords Majors. Such arms, when import- ed, were to be sold only to the Company at a fixed price of two beavers each.
The excitement produced in the hitherto peaceful hamlet of Beverwyck, on the appearance of this armed posse, may be easily conceived. The oldest inhabitant had not seen a soldier nor heard the sound of a drum in that place, until the Director-general's visit in the course of the last summer. And now, when another armed band arrived, with the hostile design of razing the houses of quiet and inoffen- sive settlers, they were sorely amazed, and much alarmed.
Those whom the Director-general had dispatched to enforce his orders, were not, in truth, the best qualified for the performance of this delicate mission. They were very zealous " when the Patroon's timber was to be cut, or his deer killed," and were not slow to exhibit their insolence by grossly insulting the commander, "when walking the public street," in company with his deputy, Andries de Sep. 21. Vos, cursing them and "abusing God's holy name," be- cause " they had not bade them a good evening."
This rude conduct, and the unconcealed avowal of their mission, aroused the indignation not only of the settlers, but even of the Indians. These assembled in a tumultuous and angry manner, and demanded if "Wooden Leg,1 in whom they had confided as their protector, intended to tear down the houses which were to shelter them in stormy and wintry weather ?" When they learned that all the trouble was about a few roods of land, they told the com- mander to accompany them home, and they would give him plenty of land "in the Maquaas country ;" so that "more kindness was evinced by the unbelieving savages
1 Ebeling, in his Erdbeschreibung und Geschichte von Amerika, Hamburg, 8vo., 1796, iii., 34, represents Stuyvesant as having "a silver leg." Slechten- horst and the Indians are better authority on this point.
.
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HISTORY OF
BOOK than by our Christian neighbors, subjects of the same sover-
IV eign, bound by their oaths to protect us against insult and 1648. outrage."
The soldiery, now flushed with triumph, were disposed to celebrate whatever victory they obtained, by firing a feu-de-joie. They accordingly discharged three or four volleys. This brought the Indians again together. Slech- tenhorst succeeded, however, in soothing their irritation, and persuaded them to depart. They returned, shortly, in increased numbers, and enquired in angry terms, "If Wooden Leg's dogs were gone?" They were assured that all would yet be well ; that they had been misinformed, and that the houses should not be pulled down. A threat- ening storm was thus happily averted, for the Director- general's rash conduct had well nigh produced bloodshed, " and the ruin not only of the colonie, but of the Manhattans and of the Christians within this land, who are all at the mercy of the savages"-especially had these been joined by some Christians, " as might have been the case."
Van Slechtenhorst's indignation at this encroachment on the Patroon's privileges was not so easily removed. He gave vent to his feelings in a long and angry protest. The demand for a copy of his commission, and the summons Oct. 20. to appear at Fort Amsterdam, he answered by calling for a copy in writing of the Director-general's claims and complaints. "The noble Patroon had obtained his posses- sions and immunities ; was invested by the States General with high and low jurisdiction and the police of the most privileged manors ; and were he, as his agent, now so base as to crouch before the present unwarrantable proceedings, and to produce his commission, before he had received orders to that effect, from his lords and masters, not only would they be injured, but he be guilty of a violation of his oath and honor, a betrayal of his trust, and a childish surrender of the rights of his Patroon." He could not, therefore, obey such demands, the illegality of which was only rendered more flagrant by the unusual and insolent manner in which they were made. If a sworn messenger in Holland had to serve a summons, or to execute a war-
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NEW NETHERLAND.
rant, in one of the small cities, in the name of the Supreme CHAP. Court, or of any of the States, he was previously required 1V. to solicit admittance, consent and aid from the local magis- 1648. trates, who should give permission in writing, by endorsing the words " Fiat insinuatio" on the paper, before the sum- mons could be made. This written authority was then placed in the hands of the messenger of the city in which the order was to be served, who thereupon made his first service both verbally and in writing on the party com- plained against, and reported the result to the messenger of the Court or State. This, and no other, constituted a legal service. Such was the practice in Fatherland, even in the same province, though subject to a High Court of Appeal. But none of these pre-requisites were observed by the Director-general's commissary. Accompanied by an armed soldiery, he not only entered the Patroon's juris- diction, but violated, on the 28th September, the sanctity of his house. Such illegal conduct betrayed a deep con- tempt of the Patroon and his court, as well as of the sover- eign whom they represent. Those who have been guilty of similar violations of law in Fatherland "had often been apprehended, and condemned to bread and water for the space of five or six weeks ; yea, were sometimes brought to the block ;" so jealous was every local jurisdiction of the least encroachment on its privileges.
As for preventing timber being cut within the colonie, is the Patroon, he demanded, not master on his own land ? Is he not free to cut his timber as well as his corn ? And can he not arrest these, when cut by others without his permission ? Jacob Jansen had cut two fir trees in the course of the summer without leave ; the Patroon's officer seized them, eight days afterwards, on the river, and can he not now exercise a like authority ?" The objection, that the houses he was building militated against the de- fence of the " famous fortress," was, he again maintained, a mere pretence. "The ten houses which stood betwixt them and the fort on the north, besides those to the west, and the Patroon's woods, not a stone's throw to the west, south-west and north-west," were left unmolested, though
78
HISTORY OF
BOOK they were a greater obstruction than the new buildings IV. to the fort, "which you can enter or quit at pleasure, by 1648. night or by day," without let or hindrance. " Wherefore it is notorious that all the present proceedings emanated from party spirit ; had no foundation in reason, and were as justifiable as the complaint in Æsop's fable, of Cousin Gysbert, who, whilst drinking on a hill from a waterfall, quarrelled with a lamb, who stood below, for disturbing the water and making it muddy."
This protest produced a long replication from the Di- rector and Council, whose power, it was maintained, “ ex- tended to the colonie of Rensselaerswyck, as well as to the other colonies, such as Heemstede, Vlissingen and Nov.23. Gravenzande." Stringent orders were issued to Van Brugge and Labadie to prosecute and complete the repairs of the fort; to procure, for that purpose, timber every- where within the limits of New Netherland ; to quarry stones "from the mountains, rocks and plains, and have them conveyed from any place, and in the most convenient manner, except from farms and plantations which are fenced and cultivated, or about being so." In case the people were forbid to assist with their horses and waggons, the commissaries were to have a waggon made, and to use the horses belonging to Jonas Bronck, on Van Curler's farm, as he was indebted to the Company. The jurisdic- tion of the Company, and " the antient and uninterrupted use of the gardens and fields near the fort," were to be rigidly maintained, and the destruction of the buildings within musket or cannon shot proceeded with forthwith.
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