USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 51
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APPENDIX.
intrusion, usage, non-usage, omission, abuse or unjust claim, and that they, the said mayor, alder- men and commonalty of the city of New York, and their successors, and every of them, be and shall be, and hereby are, thereof fully acquitted and discharged toward us, our heirs and successors forever; being unwilling that they or any of them should, by reason of the premises aforesaid, or any part thereof by us, our heirs and successors, or by any of our justices, sheriffs, ministers or officers whatsoever, be troubled, molested, or in any wise vexed.
40. And further we do, of our especial grace, certain knowledge and mere motion, will, declare, and signify, and by these presents for us, our heirs and successors, do grant unto and covenant with the said mayor, aldermen and commonalty of the city of New York, and their successors, not only that they and their successors forever hereafter may and shall, have, hold, use, possess and enjoy all the rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees, fines, amerciaments, perquisites, profits, immunities ; and also all the rents, possessions, lands, tenements and hereditaments, and all other the premises in these presents men- tioned, and intended to be hereby granted and confirmed ; but also, that these our letters, being entered upon record, as is hereinafter appointed, and the record or enrollment thereof, and either of them, and all and everything therein contained, from time to time, and at all times hereafter be and shall be, firin, valid, good, sufficient and effectual in law toward and against us, our heirs and successors, according to the true intention thereof; and in and through all things shall be construed, taken and expounded most benignly, and in favor, and for the most and greatest advantage, profit, and benefit of the said mayor, aldermen and commonalty of the city of New York, and their suc- cessors, as well in all courts, as elsewhere, without any confirmation, licenses, tolerations procured or to be procured of us, our heirs and successors, notwithstanding that any wiit or writs of ad quod damnum, have or have not issued, or is or are not returned before the making of these precepts, and notwithstanding the not reciting, mis-reciting or not rightly or certainly reciting, or ill or wrong reciting the said rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees, amerciamen's, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments, and any other the premises in or by these presents granted or mentioned, or intended to be hereby granted, or any part or parcel thereof, and notwithstanding the not finding, or ill or not right or certain finding of any office or offices, inquisition or inquistions, of the premises hereby granted or mentioned, or intended to be hereby granted, or any part or par- cel thereof, by which our title in and to the said premises, or any part thereof, might, could, should or ought to have been found, before the making of these presents ; and notwithstanding any defect in not reciting, or ill reciting any lease,grant or grants of the premises, or any part thereof being upon record, or not upon record, or otherwise howsoever ; and notwithstanding the ill naming, mis-naming, or not right or certain naming any place or precinct wherein the premises or any part thereof are or is ; and notwithstanding any defect in not mentioning, or not fully, rightly or certainly mention- ing the name or names of all or any of the rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees, amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments, or other the premises hereby granted or intended to be granted, or any part or parcel thereof; or of the yearly or other rent of, or reserved in and upon the premises, or any part thereof; and notwithstanding any defect for the want of a computation or declaration, or for the omission of the true value of the premises, in these presents mentioned, or intended to be hereby granted, or any part thereof, and notwithstanding any defect in not mentioning our true right, estate or title of or to the same premises, or any part or parcel of them; and notwithstanding the not mentioning, or not fully or rightly, or certainly mentioning the natures, kinds, species, or quantities of the premises, or any of them, or part or parcel of them ; and notwithstanding any act, statute or ordinance of par- liament, or any act of assembly : and notwithstanding any other defects, defaults or imperfections, or any other cause or thing whatsoever. And further, that if any fault, mistake or imperfection in time to come, shall be found in these presents, or any doubt, scruple or question be or shall be made, or shall happen to arise concerning the premises, or any part thereof, that we, our heirs and successors, shall and will vouchsafe to make any other grant or assurance, under the great seal of us, our heirs or successors, of the said province of New York, to the mayor, aldermen and common- alty of the city of New York, for the time being, and their successors, at their own proper charges, for the better giving, granting and confirming and for their safe and better enjoying the premises aforesaid, and every part, thereof, when it shall be desired by the same mayor, aldermen and com- monalty of the city of New York or their successors. Also we will and by these presents grant unto the said mayor, aldermen and commonalty, that they shall and may have these presents, made and sealed under the great seal or our said province of New York, without rendering, paying or making any fine or fee, great or little,to us or to our use for the same, although no express mention is made of the true yearly or other value, or of the certainty of the premises, or any part thereof, or of the gifts or grants, heretofore by us, or our ancestors, or by any governor, lieutenant-governor, or commander-
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APPENDIX.
in-chief of the said province of New York, to the mayor, aldermen and commonalty of the said city of New York, or to the citizens and inhabitants of New York aforesaid, by that or any other name, style or title, or any other statute, act, ordinance, proclamation, provision or restriction, made, pub- lished, ordained or provided to the contrary, or any other cause or matter whatsoever, in anywise notwithstanding
In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said province to be hereunto affixed, and the same to be entered of record in our secretary's office of our said province, in one of the books of patents there remaining. Witness, our trusty and well- beloved John Montgomerie, Esq., our captain-general and governor-in-chief of our said province of New York, and the province of New Jersey, and the territories depending thereon in America, and vice-admiral of the same, etc., at our Fort George in New York, the fifteenth day of January, in the fourth year of our reign.
May it please your excellency,
I HAVE perused this Charter, and find nothing therein prejudicial to the interest of his Majesty. R. BRADLEY, Attorney-General. To his Excellency, The Governor of the province of New York, etc. 15th January, 1730.
AN ACT.
FOR CONFIRMING UNTO THE CITY OF NEW YORK, ITS RIGHTS AND PRIVILEGES. - PASSED THE 14TH OF OCTOBER, 1732.
I. BE it declared and enacted by the Governor, the Council, and the General Assembly of the colony of New York, and it is hereby enacted by the authority of the same, That the mayor, aldermen and commonalty of the city of New York, shall and may forever hereafter remain, con- tinue, and be a body corporate and politic, in re facto et nomine, by the name of the mayor, alder- men and commonalty of the city of New York; and by that name to sue, plead and be impleaded, and to answer and to be answered, without any seizure or forejudger, for or upon any pretence of any forfeiture or misdemeanor at any time heretofore done, committed or suffered.
II. And be it enacted by the authority uforesaid, That all and singular letters patent, grants, charters and gifts, sealed under the great seal of the colony of New York, heretofore made and granted unto the mayor, aldermen and commonalty of the city of New York be, and are hereby de- clared to be, and shall be good,valid, perfect, authentic and effectual in the law, and shall stand, be taken, reputed, deemed and adjudged good, perfect, sure, available, authentic and effectual in the law, against the king's majesty, his heirs and successors, and all and every person and persons whomsoever, according to the tenor and effect of the said letters patent, grants, charters and gifts.
III. And be it enacted by the authority aforesaid, That all and singular letters patent. grants, charters and gifts, sealed under the great seal of the colony of New York, heretofore made and granted unto the mayor, aldermen and commonalty of the city of New York be, and are to all intents and purposes, hereby ratified and confirmed
IV. And be it enacted by the authority aforesaid, That the mayor, aldermen and commonalty of the city of New York, and their successors, shall and may forever hereafter, peaceably have, hold, use and enjoy, all and every the rights, gifts, charters, grants, powers, liberties, privileges, franchises, customs, usages, constitutions, immunities, markets, duties, tolls, lands, tenements, estates and hereditaments which have heretofore been given or granted under the mayor, aldermen and commonalty of the city of New York, by any letters patent, grant, charter or gift, sealed under the seal of the colony of New York.
V. And be it enacted by the authority aforesaid, That this present act shall be accepted, taken and reputed to be a general and public act of assembly ; of which all and every the judges and justices of this colony, in all courts, and all other persons, shall take notice on all occasions what- soever, as if it were a public act of assembly, relating to the whole colony; anything herein con- tained to the contrary thereof in anywise notwithstanding.
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APPENDIX.
NOTE C.
REVEREND JONAS MICHAELIUS TO REVEREND ADRIANUS SMOUTIUS.
DE VREDE CHRISTI.
HONORABLE SIR, WELL-BELOVED BROTHER IN CHRIST, KIND FRIEND !
The favorable opportunity which now presents itself of writing to you, Right Reverend Sir, I cannot let pass, without embracing it, according to my promise. And I first unburden myself in this communication of a sorrowful circumstance. It has pleased the Lord, seven weeks after we arrived in this country, to take from me my good partner, who has been to me for more than six- teen years, a virtuous, faithful, and in every respect amiable yoke-fellow ; and I find myself with three children very much discommoded, without her society and assistance. But what have I to say ? The Lord himself has done this, in which no one can oppose Him. Wherefore I should also be willing, knowing that all things must work together for good to those who love God. I hope, therefore, to bear my cross patiently, and by the grace and help of the Lord, not to let the courage fail me which I stand in need of in my particular duties. .
The voyage continued long, namely, from the 24th of January till the 7th of April, when we first set our foot upon this land. Of sto 'm and tempest we have had no lack, particularly about the Bermudas and the rough coasts of this country, the which fell hard upon the good wife and children, but they bore it better as regards sea-sickness and fear, than I had expected. Our fare in the ship was very poor and scanty, so that my blessed wife and children, not eating with us in the cabin, on account of the little room in it, had a worse Jot than the sailors themselves ; and that by reason of a wicked cook who annoyed them in every way ; but especially by reason of the captain himself, who, although I frequently complained of it in the most courteous manner, did not concern himself in the least about correcting the rascal : nor did he, even when they were all sick, give them anything which could do them any good, although there was enough in the ship ; though he himself knew very well where to find it in order, out of meal-times, to fill his own belly. All the relief which he gave us, consisted merely in liberal promises, with a drunken head, which promises nothing followed when he was sober, but a sour face, and thus has he played the brute against the officers, and kept himself constantly to the wine, both at sea and especially here in the (North) river; so that he has navigated the ship daily with a wet sail and an empty head, coming ashore seldom to the Council and never to the public Divine service. We bore all with silence on board the ship ; but it grieves me, when I think of it, on account of my wife; the more, because she was placed as she was-not knowing whether she was pregnant, and because the time was so short which she had yet to live. In my first voyage* I travelled much with him, yea, lodged in the same hut, but never knew that he was such a brute and drunkard. But he was then under the direction of Mr. Lam, and now he had the principal direction himself. I have also written to Mr. Godyn about it, con- sidering it necessary that it should be known.
Our coming here was agreeable to all, and I hope, by the grace of the Lord, that my services will not be unfruitful. The people, for the most part, are all free, somewhat rough, and loose, but I find in most all of them both love and respect toward me; two things with which hitherto the Lord has everywhere graciously blessed my labors, and which will produce us fruit in our special calling, as your Right Reverend yourself well knows and finds.
We have first established the form of a church (gemeente), and, as brother Bastiaen Crolt very seldom comes down from Fort Orange, because the directorship of that fort and the trade there is committed to him, it has been thought best to choose two elders for my assistance and for the proper consideration of all such ecclesiastical matters as might occur, intending the coming year, if the Lord permit, to let one of them retire, and to choose another in his place from a double number first lawfully presented by the congregation. One of those whom we have now chosen is the Honorable Director himself, and the other is the storekeeper of the company, Jan Huyghen, his brother-in-law, persons of very good character, as far as I have been able to learn ; having both been formerly in office in the church, the one as deacon, and the other as elder in the Dutch and French churches, respectively, at Wesel.
* To Brazil.
+ He had formerly (in 1626) been one of the " Krank-besoeckers," or consolers of the sick, at Manhattan, whence he was sent to Fort Orange as Vice-Director.
¿ Peter Minuit was the Director; Jan Huyghen, his brother-in-law, was probably the "Jan Huyck," who was the colleague of Crol as Krankbesoecker at Manhattan in 1626.
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APPENDIX.
We have had at the first administration of the Lord's supper full fifty communicants-not without great joy and comfort for so many-Walloons and Dutch ; of whom, a portion made their first con- fession of the faith before us, and others exhibited their church certificates. Others had forgotten to bring their certificates with them, not thinking that a church would be formed and established here ; and some, who brought them, had lost them unfortunately in a general conflagration, but they were admitted upon the satisfactory testimony of others to whom they were known, and also upon their daily good deportment, since we cannot observe strictly all the usual formal.ties in making a beginning under such circumstances.
We administer the Holy Sacrament of the Lord once in four months, provisionally, until a larger number of people shall otherwise require. The Walloons and French have no service on Sundays, otherwise than in the Dutch language, of which they understand very little. A portion of the Wal- loons a. e go.ng back to the fatherland, either because their years here are expired, or also because some are not very serviceable to the Company. Some of them live far away, and could not come on account of the heavy rains and storms, so that it was neither advisable nor was it possible to appoint any special service for so small a number with so much uncertainty. Nevertheless, the Lord's Supper was administered to them in the French language, and according to the French mode, with a preceding discourse, which I had before me in writing, as I could not trust myself extempo- raneously. If, in this and in other matters, your Right Reverend, and the Reverend Brothers of the Consistories, who have special superintendence over us here,* deem it necessary to bestow upon us any correction, instruction, or good advice, it will be agreeable to us, and we will thank your Right Reverend therefor ; since we must have no other object than the glory of God in the building up of his kingdom, and the salvation of many souls. I keep myself as far as practicable within the pale of my calling, wherein I find myself sufficiently occupied. And, although our small Consistory embraces at the most-when Brother Crol is down here-not more than four persons, all of whom, myself alone excepted, have also public business to attend to, I still hope to separate carefully the ecclesiastical from the civil matters which occur, so that each one will be occupied with his own subject. And, though many things are mixti generis, and political and ecclesiastical persons can greatly assist each other, nevertheless, the matters and offices tending together must not be mixed but kept separate, in order to prevent all confusion and disorder. As the council of this place con- sists of good people, who are, however, for the most part simple, and have little experience in pub- fic affairs, I would have little objection to serve them in any serious or dubious affair with good advice, provided I considered myself capable, and my advice should be asked ; in which case I suppose that I would not do amiss, or be suspected by any one of being a zorunpayuwv or αλλοτριοεπίσκοπος. +
In my opinion it is very expedient that the Lords Managers of this place should furnish plain and precise instructions to their Governors, that they may distinctly know how to regulate themselves in all difficult occurrences and events in public matters ; and at the same time that I should have all such Acta Synodalia, as are adopted in the Synods of Holland, both the special ones relating to this region, and those which are provincial and national, in relation to ecclesiastical points of dif- ficulty, or at least such of them as, in the judgment of the Reverend Brothers at Amsterdam, would be most likely to present themselves to us here. In the meantime, I hope matters will go well here, if only on both sides we do the best in all sincerity and honest zeal ; whereto I have from the first entirely devoted myself, and wherein I have also hitherto, by the grace of God, had no just cause to complain of any one. And if any dubious matters of importance happen to me, and especially if they will admit of any delay, I will apply to the Reverend Brothers for good and pru- dent advice, to which I have already wholly commended myself.
As to the natives of this country, I find them entirely savage and wild, strangers to all decency, . yea, uncivil and stupid as posts, proficient in all wickedness and godlessness ; devilish men, who serve nobody but the devil, that is, the spirit, which, in their language, they call manetto; under which title they comprehend everything that is subtle and crafty, and beyond human skill and power. They have so much witchcraft, divination, sorcery and wicked tricks, that they connot be held in by any bands or locks. They are as thievish and treacherous as they are tall; and in cruelty they are more inhuman than the people of Barbary, and far exceed the Africans. I have written concerning these things to several persons elsewhere, not doubting that Brother Crol will have written sufficient to your Right Reverend, or to the Lords Managers thereof; as also of the base treachery, and the murders which the Mohicans, at the upper part of this river, against Fort Orange, had committed; but their misfortune is, by the gracious interposition of the Lord, for our good, who, when it pleases him, knows how to pour unexpectedly natural impulses into these un- natural men, in order to hinder their designs. How these people can best be led to the true know-
* Named at the end of the letter.
t A busybody, or meddler in other people's affairs.
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APPENDIX.
ledge of God and of the Mediator Christ, is hard to say. I cannot myself wonder enough who it is who has imposed so much upon your Right Reverend and many others in the Fatherland, con- cerning the docility of these people and their good nature, the proper principia religionis and vestigia legis naturæ which should be among them ; in whom I have as yet been able to discover hardly a single good point, except that they do not speak so jeeringly and so scoffingly of the godlike and glorious majesty of their Creator, as the Africans dare to do. But it is because they have no certain knowledge of him, or scarcely any. If we speak to them of God, it appears to them like a dream ; and we are compelled to speak of Him, not under the name of Menotto, whom they know and serve-for that would be blasphemy-but under that of some great persons, yea, of the Chiefs Sackiema ; by which name they-living without a king-call those who have the com- mand over any hundreds among them, and who by our people are called Sackemakers, the which their people hearing, some will begin to mutter and shake their heads as of a silly fable, and others, in order to express regard and friendship to such a proposition, will say orith, that is, good. Now, by what means are we to make an inroad or practicable breach for the salvation of this peo- ple ? I take the liberty on this point of enlarging somewhat to your Right Reverend.
Their language, which is first thing to be employed with them, methinks is entirely peculiar. Many of our common people call it an easy language, which is soon learned, but I am of a con- trary opinion. For those who can understand their words to some extent and repeat them, fail greatly in the pronunciation, and speak a broken language, like the language of Ashdod. For these people have difficult aspirates and many guttural letters, which are formed more in the throat than by the mouth, teeth, and lips, which our people not being accustomed to, guess at by mnears of their signs, and then imagine that they have accomplished something wonderful. It is true, one can learn as much as is sufficient for the purposes of trading, but this occurs almost as much by signs with the thumb and fingers as by speaking, which could not be done in religious matters. It also seems to us that they rather design to conceal their language from us than to properly com- municate it, except in things which happen in daily trade ; saying that it is sufficient for us to understand them in those ; and then they speak only half their reasons with shortened words ; and frequently call a dozen things and even more by one name ; and all things which have only a rude resemblance to each other they frequently call by the same name. In truth it is a made up child- ish language ; so that even those who can best of all speak with the Indians, and get along well in trade, are nevertheless wholly in the dark and bewildered, when they hear the Indians speaking with each other by themselves.
Let us then leave the parents in their condition, and begin with the children who are still young. So it should be. But they must be separated in youth from their parents ; yea, from their whole nation. For, without this, they would be as much given as their parents to heathenish tricks and deviltries, which are kneaded naturally in their hearts by themselves through a just judgment of God; so that having once obtained deep root, by habit, they can with difficulty be wholly eradicated therefrom. But this separation is hard to effect; for the parents have a strong affection for their children, and are very loth to part with them ; and, when they are separated from them, as we have already had proof, the parents are never contented, but take them away stealthily, or induce them to run away themselves. Nevertheless, we must, although it would be attended with some expense, obtain the children through a sense of gratitude on the part of their parents, and with their con- sent, by means of presents and promises ; in order to place them under the instruction of some experienced and godly schoolmaster, where they may be instructed not only to speak, read, and write in our language, but also especially in the fundamentals of our Christian religion, and where, besides, they will see nothing but good examples and virtuous lives ; but they must speak their native tongue sometimes among themselves, in order not to forget it, as being evidently a principal means of spreading the knowledge of religion through the whole nation. In the meantime it must not be forgotten to pray to the Lord, with ardent and continual prayers, for his blessing, who can make things which are unseen to be quickly and conveniently seen, who gives life to the dead, calls as nothing that which is, and being rich in mercy has pity on whom he will : as he has compassion- ated our people to be his people, when we before were not pitied, and were not his people ; and has washed us clean, sanctified us and justified us, when we were covered all over with all manner of corruption, calling us to the blessed knowledge of his Son, and from the power of darkness to his marvellous light. And this I regard so much the more necessary as the wrath and malediction of God, which have been found to rest upon this miserable people hitherto, are the more severe. May God have mercy upon them finally, that the fullness of the heathen may be gradually accom- plished, and the salvation of our God may be here also seen among these wild and savage men. I hope to keep a watchful eye over these people, and to learn as much of their language as will be practicable, and to seek better opportunities for their instruction than hitherto it has been possible to find.
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