USA > New York > New York City > History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. II > Part 33
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APPENDIX H.
XVII
grants to said Etienne a great extent of territory, (mentioning the bounds) where he and his heirs may make, build, and erect villa- ges, towns, castles, and fortresses, as they shall see good. Unfor- tunately for the Earl, in the conflicting claims of French, English, and Dutch, the French first settled a part of Acadie, and the king of England having given Lord Stirling all Long Island, the Earl by his agents sold part ; and when Charles II., without considering former grants, gave to his brother, the Duke of York, all New Netherland, James prudently purchased the previous right of Lord Stirling, for £300. The Earl had, besides, the island conveyed to Lyon Gardner which bears his name, sold through his agent a tract of land near Oyster Bay to some people residing near Boston, but Kieft dispossessed them by force.
APPENDIX H .- Vol. I., p. 48. 1
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Charter of Liberties and Exemptions of 1629.
I. THAT such members of said Dutch West India Company, as may be inclined to settle any colony in New Netherland, shall be per- mitted, with the ships of this company going thither, to send three or four persons to inspect into the situation of the country, provided, that they with the officers and ship's company, swear to the instrument of conditions (articles) so far as they relate to them ; and paying for provisions, and for passage, going and coming, six stuyvers* per day : and such as desire to eat in the cabin, twelve stuyvers, and to be subordinate, and to give assistance like others, in cases offen- sive and defensive : and if any ships be taken from the enemy, they shall, pro rata, receive their proportions with the ship's company, each according to his quality ; that is to say, that the colonists eat- ing out of the cabin shall be rated with the sailors, and such as eat in the cabin with those of the companies' men as eat at table, and receive the lowest wages.
II. Though in this respect, shall be preferred such persons who have first appeared, and desired the same from the company.
III. That all such shall be acknowledged patroons of New Ne- therland who shall, within the space of four years, next after they have given notice to any of the chambers, (or colleges) of the coin- pany here, or to the commander or council there, undertake to
" Twelve and a half cents.
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APPENDIX H.
plant a colony there of fifty souls, upwards of fifteen years old, one fourth part within one year, and within three years after the send- ing of the first, making together four years, the remainder to the full number of fifty persons, to be shipped from hence, on pain, in case of wilful neglect, of being deprived of the privileges obtained ; but it is to be observed that the company reserve the Island of the Manhattes to themselves.
IV. That from the time that they make known the situation of the places, where they propose to settle colonies, they shall have the preference to all others, of the absolute property of such lands as they have there chosen ; but in case the situation should after- wards not please them, or that they should have been mistaken as to the quality of the land, they may, after remonstrating the same to the commander and council there, be at liberty to choose another place.
V. That the patroons, by virtue of their power, shall and may be permitted, at such places as they shall settle their colonies, to extend their limits four miles# along the shore, that is on one side of a navigable river, or two milest on each side of a river, and so far into the country as the situation of the occupiers will permit. Provided and conditioned, that the company keep to themselves the lands lying and remaining between the limits of colonies, to dispose thereof, when, and at such time as they shall think proper, in such manner that no person shall be allowed to come within seven or eight milest of them, without their consent ; unless the situation of the land thereabout were such, that the commander . and council for good reasons should order otherwise ; always ob- serving that the first occupiers are not to be prejudiced in the right they have obtained, other, than unless the service of the company should require it for the building of fortifications, or something of that sort ; remaining, moreover, the command of each bay, river, or island, of the first settled colony, under the supreme jurisdiction of their High Mightinesses the States General and the company : but that on the next colony's being settled on the same river or island, they may, in conjunction with the first, appoint one or more council, in order to consider what may be necessary for the prosperity of the colonies on the said river and island.
VI. That they shall forever possess and enjoy all the lands lying within the aforesaid limits, together with the fruits, rights, minerals, rivers, and fountains thereof: as also the chief command, and lower jurisdictions, fishing, fowling, and grinding, to the exclusion of all others, to be holden from the company as an eternal inherit- age, without its ever devolving again to the company, and in case
· 16 English miles. t & English miles.
# 28 or 32 English miles.
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APPENDIX H.
it should devolve, to be redeemed and repossessed, with twenty guilders* per colony to be paid to this company, at their chamber here, or to their commander there, within a year and six weeks after the same happens ; each at the chamber where he originally sailed from. And further, that no person or persons whatsoever, shall be privileged to fish and hunt, but the patroons, and such as they shall give liberty : and in case any one should in time prosper so much, as to found one or more cities, he shall have power and . authority to establish officers and magistrates there, and to make use of the title of his colony, according to his pleasure, and to the quality of the persons.
VII. That there shall likewise be granted to all patroons who · shall desire the same, Venia Testandi, or liberty to dispose of their aforesaid lieritage, by testament.
VIII. That the patroons may, if they think proper, make use of all lands, rivers, and woods, lying contiguous to them, for and during so long time as this company shall grant them to other patroons or particulars. !
IX. That those who shall send persons over to settle colonies, shall furnish them with proper instructions, in order that they may be ruled and governed conformably to the rule of government made, or to be made by the assembly of nineteen, as well in the political as judicial government; which they shall be obliged first to lay before the directors of the respective colleges.
X. That the patroons and colonists shall be privileged to send their people and effects thither, in ships belonging to the company, provided they take the oath and pay to the company for bringing over the people, as mentioned in the first article ; and for freight of the goods five per cent. ready money, to be reckoned on the prime cost of the goods here : in which is, however, not to be in- cluded, such creatures and other implements as are necessary for the cultivation and improvement of the lands, which the company are to carry over without any reward, if there is room in their ships. But the patroons shall, at their own expense, provide and make places for them, together with every thing necessary for the support of the creatures.
XI. That in case it should not suit the company to send any ships, or that in those going there should be no room; then the said patroons, after having communicated their intentions, and after having obtained consent from the company in writing, may send their own ships or vessels thither; provided, that in going and . coming they go not out of their ordinary course ; giving security to the company for the same, and taking on board an assistant, to be
.
* A guilder was 20 stivers, or 3s. 4d. currency.
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APPENDIX H.
victualled by the patroons and paid his monthly wages by the com- pany ; on pain if doing the contrary, if forfeiting all the right and property they have obtained to the colony.
XII. That as it is the intention of the company to people the island of the Manhuttes first, all fruits and wares shall, for the pre- sent be brought there, that arise upon the north river, and lands laying thereabouts, before they may be sent elsewhere : excepting such as are from their nature unnecessary there, or such as cannot, without great loss to the owner thereof, be brought there. In which case, the owners thereof, shall be obliged to give timely notice in writing, of the difficulty attending the same to the company here, or the commander and council there, that the same may be remi- died as the necessity thereof shall be found to require.
XIII. That all the Patroons of colonies in New Netherland, and of colonies on the island of Manhattes, shall be at liberty to sail and traffick all along the coast, from Florida to Terra Neuf, pro- vided, that they do again return with all such goods as they shall get in trade, to the island of Manhattes, and pay five per cent. for recognition to the company, in order, if possible, that after the ne- cessary inventory of the goods shipped be taken, the same may be sent hither. And if it should so happen that they could not re- turn, by contrary streams or otherwise, they shall in such case not be permitted to bring such goods to any other place but to these dominions, in order that under the inspection' of the directors of the place where they may arrive, they may be unladen, an inventory there- of made, and the aforesaid recognition of five per cent. paid to the company here, on pain, if they do to the contrary, of the forfeiture of their goods so trafficked for, or the real value thereof.
XIV. That in case of the ships of the Patroons, in going to, coming from, or sailing on the coast, from Florida to Terra Neuf, and no farther, without our grant should overpower any of the ."princes of the enemy, they shall be obliged to bring, or cause to be brought, such prince to the college of the place from whence they sailed out, in order to be rewarded by them : the company shall keep the one third part thereof, and the remaining two thirds shall belong to them, in consideration of the cost and risk they have been at, all according to the orders of the company.
XV. That it shall also be free for the aforesaid Patroons, to traffick and trade all along the coast of New Netherland and places circumjacent, with such goods as are consumed there, and receive in return for them, all sorts of merchandizes that may be had there, except beavers, otters, minks, and all sorts of peltry, which trade the company reserve to themselves. But the same shall be per- mitted at such places where the company have no factories, condi- tioned that such traders shall be obliged to bring all the peltry they can procure to the island of Manhattes, in case it be at any rate
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APPENDIX H. XXI
practicable, and there deliver to the director to be by him shipped hither, with the ships and goods ; or if they should come here, with- out going. there, then to give notice thereof to the company, that a proper account thereof may be taken, in order that they may pay to the company, one guilder for cach merchantable otter and beaver skin ; the property, risk, and all other charges, remaining on account of the Patroons or owners.
XVI. That all coarse wares that the colonists of the Patroons there shall consume, such as pitch, tar, weed-ashes, wood, grain, fish, salt, hearthstone, and such like things, shall be brought over in the company's ships at the rate of eighteen guilders per last,* four thousand weight to be accounted a last, and the company's ships crew shall be obliged to wheel, and bring the salt on board, whereof ten lasts made a hundred. And in case of the want of ships, or room in the ships, they may in ships of their own order it over at their own cost, and enjoy in these dominions, such liberties and benefits as the company have granted ; but that in either case they shall be obliged to pay, over and above the recognition of five per cent., eighteen guilders for each hundred of salt, that is car- ried over in the company's ships.
XVII. That for all wares which are not mentioned in the fore- going article, and which are not carried by the last, there shall be paid one dollar for each hundred pounds weight, and for wines, brandy, verjuice, and vinegar, there shall be paid eighteen guilders per cask.
XVIII. That the company promises the colonists of the Pa- troons, that they shall be free from customs, taxes, excise, imposts, or any other contributions, for the space of ten years : and after the expiration of the said ten years, at the highest, with such customs as the goods are taxable with here for the present.
XIX. That they will not take from the service of the Patroons any of their colonists, either man or woman, son or daughter, man- servant or maid-servant : and though any of them should desire the same, that they will not receive them, much less permit them to leave their Patroons, and enter into the service of another, unless on consent obtained from their Patroons in writing. And this for and during so many years as they are bound to their Patroons ; after the ex- piration whereof, it shall be in the power of the Patroons, to send hither all such colonists as will not continue in their service, and until then shall not enjoy their liberty. And all such colonists as shall leave the service of his Patroon, and enter into the service of another, or shall contrary to his contract leave his service ; we promise to do every thing in our power to apprehend and deliver the same into the hands of his Patroon, or attorney, that he may be proceeded
· $7,50 for two tons.
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APPENDIX H.
against according to the customs of this country, as occasion may require. .
XX. That from all judgments given by the courts of the Patroons for upwards of fifty guilders,* there may be an appeal to the company's commander and council in New Netherland.
XXI. That touching such particular persons, who, on their own account, or others in the service of their master here, (not enjoy- ing the same privileges as the Patroons,) shall be minded to go thither and settle ; they shall, with the approbation of the director and council there, be at liberty to take up as much land, and take possession thereof, as they shall have ability properly to improve, and shall enjoy the same in full property, either for themselves or masters.
XXII. That they shall have free liberty of hunting and fowl- ing, as well by water as by land, generally and in publick and pri- vate woods and rivers, about the colonies, according to the orders of the director and council.
XXIII. That whosoever, whether colonists of Patroons, for their Patroons, or free persons for themselves, or other particulars for their masters, shall discover any shores, bays, or other fit places for erecting fisheries, or making of salt ponds, they may take posses- sion thereof, and begin to work on them in their own absolute pro- perty, to the exclusion of all others. And it is consented to, that the Patroons of colonists may send ships along the coast of New Netherland, on the cod fishery, and with the fish they catch to trade to Italy, or other neutral countries ; paying in such case to the company for recognition, six guilders per last ;t and if they should come with their lading hither, they shall be at liberty to proceed to Italy, though they shall not under pretext of this consent, or from the company, carry any goods there, on pain of arbitrary punishment : and it remaining in the breast of the company to _put a supercargo on board of each ship as in the eleventh article.
XXIV. That in case any of the colonists should by his industry and diligence, discover any minerals, precious stones, crystals, mar- bles or such like, or any pearl fishery, the same shall be and re- main the property of the Patroon or Patroons of such colony ; giving and ordering the discoverer such premium as the Patroon shall beforehand have stipulated with such colonist by contract. And the Patroon shall be exempt from all recognition to the com- pany for the term of eight years, and pay only for freight to bring thein over, two per cent., and after the expiration of the aforesaid
· $20 833 t Or, $1 25 per ton.
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APPENDIX H.
eight years for recognition and freight, the one eighth part of what the same may be worth here.
XXV. That the company will take all the colonists as well free, as those that are in service, under their protection, and the same against all outlandish and inlandish wars and powers, with the forces they have there, as much as in their power layeth to defend.
.XXVI. That whoever shall settle any colony out of the limits of the Manhattes Island shall be obliged to satisfy the Indians for the land they shall settle upon, and that they may extend or enlarge the limits of their colonies if they settle a proportionate number of colonists thereon.
XXVII. That the Patroons and colonists shall be particular, and in the speediest manner, endeavour to find out ways and means whereby they may support a minister and schoolmaster, that thus the service of God and zeal for religion may not grow cool, and be neglected among them ; and that they do, for the first, procure a comforter for the sick there.
XXVIII. That the colonies that shall happen to lay on the re- spective rivers or islands (that is to say, each river or island for it- self, ) shall be at liberty to appoint a deputy, who shall give infor- mation to the commander and council of that western quarter, of all things relating to his colony, and who are to further matters relating · thereto, which deputies there shall be one altered, or changed, in every two years ; and all colonies shall be obliged, at least once in every twelve months, to make exact report as to the colony and lands thereabout, to the commander and council there, in order to be transmitted hither.
XXIX. That the colonists shall not be permitted to make any woollen, linen, or cotton cloth, nor weave any other stuffs there, on pain of being banished, and as perjurours to be arbitrarily punished.
XXX. That the company will use their endeavours to supply the colonists with as many blacks, as they conveniently can, on the conditions hereafter to be made ; in such manner, however, that they shall not be bound to do it for a longer time than they shall think proper.
XXXI. The company promises to finish the fort on the island of the Manhattes, and to put it in a posture of defence without delay. And to get these privileges and exemptions approved and confirmed by their High Mightinesses, the Lords States General.
ATYX
APPENDIX I.
APPENDIX I .- Vol. I., p. 109.
THE Dutch Reformed Church, was of the classis of Amster- dam. The first minister the Dutch West India Company sent to their colonists, was Everard Bogardus ; the second persons who preached in the church at the fort, were John and Samuel Mega- polensis-the latter of whom was likewise the physician of the colony, and preached in the church at the time that Nicholls took possession.
Governour Stuyvesant was one of the principal officers of the church, and built a chapel on his own farm, it is believed, after the church in the fort was called the king's chapel.
On the 31st of May, 1647, the director-general of New Nether- land, Curacoa, etc. etc., commander of all vessels in the company's service sailing in the West Indies, etc., found it necessary to issue the decree from which I make the following extracts :
" Whereas, we have observed the improper behaviour of some of our inhabitants, who even on the Lord's day, appointed for rest, thankfulness, and prayer, so far forget their duty as to get drunk, quarrel and fight with each other ; of which infamous con- duct we ourselves on the last Lord's day were witnesses ; and whereas, such painful and disgraceful scenes take place in defiance of the magistrates, in contempt of our person and authority, and the dishonour of God's holy laws, which enjoin us to honour him and keep holy this day set apart by him for devotion and rest, and has prohibited those temptations that lead to evil doing : We there- fore by and with the advice of our council, to prevent the effects of -God's anger falling upon us, do by these presents command all tapsters and innkeepers, that, on the sabbath of the Lord, commonly called Sunday, they shall not sell or deliver to any person what- ever, any wines, beer, or strong liquours of any kind, excepting only to travellers, or boarders in their houses, before two o'clock in the afternoon, on those days when there is no preaching; and when there is preaching, not until after four o'clock."
This is enforced by a penalty of "six Carolus guilders" for each offence. And further, all tapsters and innkeepers are forbid- den to keep their houses open on any day whatever, "after the ringing of the bells in the evening, which shall take place at nine o'clock in the evening."
By the same decree or proclamation, the governour, by the ad- vice of the council of the city of New Amsterdam, decrees, that any person who shall in anger draw a knife or dagger against
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APPENDIX I.
another, shall be fined for the offence one hundred Carolus guil- ders, and in failure of payment be subjected to the most menial labour, with bread and water for subsistance; and in case any person shall be wounded by another with knife or dagger so drawn as aforesaid, then the offender shall be fined three hundred Carolus guilders, or further confinement to labour as aforcsaid.
It is by the necessity of such enactments, that we learn the vices of one part of the inhabitants, and the virtues of another, with the general simplicity reigning through the village-like city of our Dutch ancestors.
Again, on the 1Sth of June, the director-general and his council, published for the regulation of trade, and because certain persons having license to trade to the south, take the liberty of going to the north into the territories of the Maquas or Mohawks, and thereby injuring the regular traffick with the Indians, to the loss and damage of those who have regular licenses, and carry their cargoes to assigned places of deposit ; and because by such unlicensed traders, the Indians may be provoked to acts of hostility-there- fore all persons are prohibited under severe penalties, from going into the interiour, but all traders are directed to carry on their traf- fick at the places of deposit appointed.
On the 1st of July, the governour and council, issued an order forbidding the sale of strong liquor of any description, on any pre- tence, to the Indians, and making the persons who abet the savages in buying, as well as the seller, liable to fine and punishment, for any mischief that may arise therefrom. And all trespassers upon fields and orchards that are fenced, are liable for damages, while the inhabitants are commanded to erect sufficient fences about their plantations, and the Fiscal, Van Dyke, is to erect a pound to detain cattle until damages are paid.
I find at this council, besides the former Director, William Kieft, the names of Derick Wagen, Monsieur La Montaignie, Captain Newton, Paulus Laenders, Jacob Losiere, Soloman Tenvassen, and John Classon Boll.
Besides these mandates, I find others in possession of the com- mon council of New York, and translated by the Reverend Mr. Westbrook, by which Governour Stuyvesant endeavoured to re- medy irregularities in building, and for the prevention of fires, "as the greater number of the houses are constructed of wood, and are covered with reeds ;" and I likewise find the fact, that some of the buildings had wooden chimnies. The governour prohibited from that time, all wooden chimnies, between the fort and Fresh Water, or Collect ; and places those already existing, under the protec- tion, and in the power of Fire-wardens, ( Thomas Hall, Martin Crozier, and George Woolsey.) and the commissary Adrian Keyser.
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. XXVI
APPENDIX J.
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APPENDIX J .- Vol. I., p. 116.
Stuyvesant's Letter to the Commissioners .*
" MY LORDS :- Your first letter, unsigned, of the 20-31st of August, together with that of this day, signed according to form, being the first of September, have been safely delivered into our hands by your deputies, unto which we shall say, that the rights of his majestie of England, unto any part of America here about, amongst the rest, unto the colonies of Virginia, Maryland, or others in New England, whether disputable or not, is that which, for the present, we have no design to debate upon. But that his majestic hath an indisputable right to all the lands in the north parts of Ame- rica, is that which the kings of France and Spain will disallow, as we absolutely do, by virtue of a commission given to me, by my lords, the high and mighty States General, to be governour-general over New Holland, the isles of Curacoa, Bonaire, Aruba, with their appurtenances and dependencies, bearing date the 26th of July, 1646. As also by virtue of a grant and commission, given by my said lords, the high and mighty States General, to the West India Company, in the year 1621, with as much power and as authentick, as his said majestie of England hath given, or can give, to any co- lony in America, as more fully appears by the patent and commis- sion of the said lords the States General, by them signed, registered, and sealed with their great seal, which were showed to your depu- tics, Colonel George Carteret, Captain Robert Needham, Captain Edward Groves, and Mr. Thomas Delavall ; by which commission · and patent together, (to deal frankly with you,) and by divers let- ters, signed and scaled by our said lords, the States General, directed to several persons, both English and Dutch, inhabiting the towns ;and villages on Long Island, (which, without doubt, have been produced before you, by those inhabitants,) by which they are declared and acknowledged to be their subjects, with express com- mand, that they continue faithful unto them, under penalty of incurring their utmost displeasure, which makes it appear more clear than the sun at noon-day, that your first foundation, (viz. that the right and title of his majestic of Great Britain, to these parts of America is unquestionable,) is absolutely to be denied. Moreover, it is without dispute, and acknowledged by the world, that our pre- decessors, by virtue of the commission and patent of the said lords, the States General, have without control, and peaceably (the contrary , never coming to our knowledge) enjoyed Fort Orange about forty- eight or fifty years, the Manhattans about forty-one or forty-two years,
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