USA > New York > Westchester County > Origin and History of Manors in the Province of New York and in the County. > Part 5
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"XX. From all judgments given by the courts of the Patroons for upwards of fifty guilders ($20), there may be an appeal to the Company's Commander and Council in New Netherland.
"XXI. In regard to such private persons as on their own account, or others in the service of their masters here (not enjoying the same privileges as the Pa- troons), shall be inclined 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 be able properly to improve, and shall enjoy the same in full property either for themselves or masters.
"XXII. They shall have free liberty, of hunting and fowling, as well by water as by land, generally, and in public and private woods and rivers, about their colonies,? according to the orders of the Director and Council.
"XXIII. Whosoever whether colonists of 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 the making of salt ponds, they may take possession thereof and begin to work on them in their own absolute property, to the exclusion of all others.
1 Trading stations.
2 Plantations.
-
49
THE ORIGIN AND HISTORY OF THE MANORS.
And it is consented to that the Patroons of Colo- nists may send ships along the coast of New Nether- land, on the cod fishery, and with the fish they catch to trade to Italy, or other neutral countries, paying in such cases to the Company for recognition six guilders ($2.40) per last; 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 each ship, as in the eleventh article.
"XXIV. In case any of the colonists should, by his industry and diligence, discover any minerals, precious stones, crystals, marbles, or such like, or any pearl fishery, the same shall be the property of the Patroon or Patroons of such colonie ; giving and or- dering the discoverer such premium as the Patroon shall beforehand have stipulated with such colonist by contract. And the Patroons shall be exempt fr m all recognition to the company for the term of eight years, and pay only for freight, to bring them over, two per cent., and after the aforesaid eight years, for recognition and freight, the one-eighth part of what the same may be worth.
"XXV. The company will take all the colonists, as well free as those 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 lies in their power, defend.
"XXVI. Whoever shall settle any colonie out of the limit of Manhattes Island, shall be obliged to satisfy the Indians for the land they shall settle upon, and may extend or enlarge the limits of their colonies, if they settle a proportionate number of Colonists thereon.
"XXVII. The Patroons and colonists shall in par- ticular and in the speediest manner, endeavor to find out ways and means whereby they may support a min- ister and school-master, that thus the service of God, and zeal for religion may not grow cool, and be ne- glected among them ; and that they do, for the first, procure a comforter of the sick there.
"XXVIII. The colonies that shall happen to lie on the respective rivers, or islands (that is to say, each river or island tor itself), shall be at liberty to appoint a deputy, who shall give information to the Comman- der and Council of that Western quarter, of all things relating to his colonie, and who are to further matters relating thereto, of which deputies there shall be one altered or changed every two years; and all colonies shall be obliged, at least once in every twelve months, to make exact report of their colonie, and lands there- about, to the commander and council there, in order to be transmitted hither.
"XXIX. 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 perjurers to be arbitrarily punished.
"XXX. The company will use their endeavours to supply the colonists with as many blacks as they con- veniently 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 pos- ture of defence without delay."
It will be noted that under the first article of this Plan, or charter, of Freedoms and Exemptions, the privilege of becoming Patroons, with all their rights, powers, and exemptions, hereditary and otherwise was confined solely to the members, that is the stock- holders, of the West India Company. Other persons however, could, with the permission of the Director and Council of New Netherland, take up as much land as they could improve, "and enjoy the same in full property either for themselves or others," but without any of the advantages and privileges con- ferred upon the Patroons. These were styled Free Colonists. Under these clauses the colonizing of the territory of New Netherland began.
While the charter was in process of discussion and formation in the Assembly of the XIX., which it will be recollected was composed of directors chosen from the several chambers of the West India Company, certain directors of the Amsterdam Chamber, which had been specially charged with the care and super- vision of New Netherland, as soon as it became certain that the charter would be approved by the Company and ratified by the States-General, sent out to agents to purchase for them, the Indian title to certain lands in different parts of New Netherland, so that they might be ready to constitute themselves Patroons under the charter, as soon as it should finally pass and go into effect. The first of these were Samuel Godyn and Samuel Blommaert, whose agents, sent out some time pre- viously, on June 1st, 1729, a few days before the passing of the charter, bought for them of the Delaware Indians, the lands on the southwest side of Delaware Bay from Cape Henlopen thirty-two miles northwardly in length, and two miles inland in width. As these were Dutch miles, the tract was 128 English miles long and eight miles broad.
After the passage of the charter and on the 19th of June, 1729, Godyn notified the Chamber of Am- sterdam that he had sent out agents to purchase lands, and declared "that he now in quality of 'Patroon' has undertaken to occupy the Bay of the South River, on the conditions (the charter) concluded in the last Assembly of the XIX., as he hath likewise advised the Director Pieter Minuit, and charged him to register the same there."1
1 I. O'Call., Appendix S, p. 479.
50
HISTORY OF WESTCHESTER COUNTY.
Minuit in due time with his Council executed and passed the grant, or "transport " as the Dutch termed the instrument, and sent it to Godyn in Holland. In 1841 Mr. J. Romeyn Brodhead found the original document in the West India House at the Hague, brought it back to New York, and it is now deposited in the State Library at Albany. It bears date the 15th of July 1630, and bears the sig- natures of Pieter Minuit and his Council,-the only signatures of those officials known to be in existence, and is the first title given by civilized men to lands in the present State of Delaware, and the first in New Netherland under the charter of Freedoms and Ex- emptions of 1629. Its date is two years before Lord Baltimore's charter of Maryland from Charles the First, and fifty-two years prior to William Penn's charter of Pennsylvania from Charles II. The name Godyn and Blommaert gave to their "Colonie" was "Zwanandael;" in English, "Swansdale." The fol- lowing is a translation of this first conveyance for any part of New Netherland.
TRANSPORT.
The Director and Council of New Netherland to Simul Godyn and Samuel Blommaert.
"We, the Director and Council in New Netherland, residing on the Island Manahatas and in Fort Am- sterdam, under the authority of their High Might- inesses the Lords States-General of the United Netherlands, and of the Incorporated West India Company, Chamber at Amsterdam, hereby acknowl- edge and declare, that on this day, the date under- written, came and appeared before us, in their proper persons, Queskakous, and Eesauques, Siconesius, and the inhabitants of their village, situate at the South cape of the Bay of the South River, and freely and voluntarily declared, by special authority of the rulers and consent of the Commonalty there, that they already, on the first day of the month of June of the past year, 1629, for and on account of certain parcels of cargoes, which they, previous to the passing hereof, acknowledged to have received and gotten into their hands and power, to their full satisfaction, have transported, ceded, given over, and conveyed in just true and free property, as they hereby transport cede, give over, and convey to, and for the behoof of, Messrs. Samuel Godin and Samuel Blommaert, absent; and for whom We, by virtue of our office, under proper stipulation, do accept the same namely : the Land to them belonging, sit- uate on the South side of the aforesaid Bay, by us called the Bay of the South River, ex- tending in length from C. Hinlopen off unto the mouth of the aforesaid South River, about eight leagues (groote mylen), and half a league in breadth; into the interior, extending to a certain marsh (leegte) or valley through which these limits can clearly enough be distinguished. And that with all the action right and jurisdiction to them in the
aforesaid quality, therein appertaining, constituting, and surrogating the said Messrs. Godin and Blom- maert in their stead state, real and actual possession thereof; and giving them at the same time, full and irrevocable authority, power, and special command, to hold in quiet possession, occupancy and use, tan- quam Actores et Procuratores in rem propriam, the aforesaid land acquired by the above mentioned Messra. Godin and Blommaert or those who may here- after obtain their interest; also to do barter and dispose thereof, as they may do with their own well and lawfully acquired lands. Without they, the Grantors having, reserving, or retaining for the future, any, the smallest part, right, action, or authority, whether of property, command, or jurisdiction therein ; but now, hereby, forever and a day desisting, retiring from, abandoning and renouncing the same for the behoof aforesaid; promising further, not only to observe, fulfil, and to hold fast, unbroken and irrev- ocable, this their conveyance, and whatever may be done in virtue thereof, but, also, the said parcel of land to maintain against every one, and to deliver free of controversies, gainsays and contradictions, by whomsoever instituted against the same. All in good faith without guile or deceit. In witness is this con- firmed with our usual signature and our seal de- pendant therefrom. Done on the aforesaid Island Manahatas, this fifteenth of July, XVI. and thirty.
(Signed) PIETER MINUIT, Director, PIETER BYLVELT, JACOB ELBERTSEN WISSINCK, JAN JANSEN BROUWER, SYMON DIRCKSEN Pos, REYNER HARMENSEN, JAN LAMPO,
Sheriff.1
Another of the directors who took time by the fore- lock in the matter of the Patroonships was Kiliaen van Rensselaer of Amsterdam, who de Vries tells us " ins accustomed to polish pearls and diamonds."' At his request Sebastian Jansen Kraol, who had resided as commissary at Fort Orange for three or four years, bought for him early in 1630, of the Mohican Indians, a tract on the west side of the Hudson, and shortly after another agent, Gillis Hosset, bought for him another tract on the east side of that river, of the same Indians. These purchases were on the 13th of August duly "transported " or granted to van Rensselaer by Director Minuit and his Council, and were the first lands in the State of New York granted under the charter of Freedoms and Exemptions, and consequently the following "transport" of these lands, is the first deed of conveyance for any lands in this State to a private person under the charter of 1629. The original in Dutch is in Holland, the translation was made by
1 I. Col. Hist. N. Y., 43. 2 De Vries, p. 102.
:
51
THE ORIGIN AND HISTORY OF THE MANORS.
the late Dr. Edmund B. O'Callaghan, from the copy in Dutch in the Brodhead Papers, and is as follows :
TRANSPORT.
The Director and Council of New Netherland to Kiliaen van Rensselaer. Anno 1630, adi1 13th August. We the Director and Council of New Netherland, residing on the Island of Manahatas and in Fort Amsterdam, under the authority of their High Mightinesses the Lords States-General of the United Netherlands and the Incorporated West India Com- pany, Chamber at Amsterdam, do hereby acknowledge and declare, that on this day, the date underwritten, before us appeared and presented themselves in their proper persons: Kottomack, Nawanemit, Albantzeene, Sagiskwa, and Kanaomack, owners and proprietors of their respective parcels of land, extending up the River, South and North, from said Fort' unto a little south of Moeneminnes Castle, to the aforesaid pro- prietors, belonging jointly and in common, and the aforesaid Nawanemit's particular land called Semes- seerse lying on the East Bank opposite Castle Island off unto the above mentioned Fort; Item from Peta- nock, the Millstream, away North to Negagonse, in extent about three miles, and declared freely and advisedly for and on account of certain parcels of cargoes, which they acknowledge to have received in their hands and power before the execution hereof, and, by virtue and bill of sale, to hereby transport, con- vey, and make over to the Mr. Kiliaen van Rensselaer, absent, and for whom We, ex-officio and with due stipulation, accept the same; namely: the respective parcels of land hereinbefore specified, with the timber, appendencies, and dependencies, thereof, together with all the action right and jurisdiction to them the grantors conjointly or severally belonging, constituting and surrogating the said Mr. Rensselaer in their stead, state, and right, real and actual possession thereof, and at the same time giving him full, abso- lute, and irrevocable power, authority, and special command, to hold in quiet possession, cultivation, occupancy, and use, tanquam actor et procurator in rem suam ac propriam, the land aforesaid, acquired by said Mr. Van Rensselaer, or those who may here- after acquire his interest ; also to dispose of, do with, and alienate it, as he or others should or might do with his other and own Lands and domains acquired by good and lawful title, without the grantors therein retaining, reserving, or holding, any the smallest part, right, action, or authority, whether of property command, or jurisdiction, but rather hereby desisting, retiring, and renouncing therefrom forever, for the behoof aforesaid; further promising this their con- veyance and whatever may by virtue thereof be done, not only forever to hold fast and irrevocable, to observe and to fulfil, but also to give security for the
surrender of the aforesaid land, obligans et renun- cians a bona fide. In testimony is thus confirmed by our usual signature, with the ordinary seal thereunto depending.
Done at the aforesaid Island Manahatas and Fort Amsterdam on the day and year aforesaid.
(Signed) PIETER MINUIT, Director, PIETER BYVELT, JACOB ELBERTSS. WISSINCK, JAN JANSEN BROUWER, SYMON DIRCKS. Pos, REYNER HARMENSEN,
JAN LAMPO,
Sheriff.
There was besides : This conveyance written with mine own hand is, in consequence of the Secretary's absence, executed in my presence on the thirteenth day of August, XVI," and thirty as above.
(Signed) LENART COLE, . Deputy Secretary.'
The lands covered by the above "transport" together with some adjacent land subsequently acquired by Kiliaen van Rensselaer formed the great Patroonship of "Rensselaerswyck." In 1705, seventy-five years later, it was erected into a Manor of the same name under the English law, and continued in unbroken existence till 1837, when the last Patroon Stephen van Rensselaer died.
He devised in fee to his eldest son Stephen the part of the manor west of the Hudson, and to his son William the part east of that river. Under titles de- rived from these two sons the lands of the old manor, which had not been sold by their father, the last Patroon, in his lifetime, are now held in fee, subject in some cases to former leases the terms of which are not yet expired.
A third keen, long-headed, director of the Amster- dam Chamber was Michael Pauw of Achtienhoven, near Utrecht. Like Godyn, Blommaert, and Van Rensselaer, early in 1630 he bought through agents the Indian title to the lands on the west side of the Hudson River, opposite Manhattan Island from the heights of Wehawken, and Hoboken, to Bergen Point, and also the island of Staten Island. He duly obtained like transports of these regions from the Director and Council, and gave to his Patroonship the name of "Pavonia," a Latinized derivation from his own surname.
These three Patroons in a document laid before the States-General in June 1634, thus, describe their own action in relation to their Patroonships, their rights as Patroons, and the expenses they had incurred in the colonization of their lands. After stating the enact-
1 Abbreviation of "Anno Domini." " Furt Orange is here meant.
"I. Col. Hist. N. Y., 44.
+I. Col. Hist., 84.
52
HISTORY OF WESTCHESTER COUNTY.
ment of the Freedoms and Exemptions on the 7th of June 1629) they continue thus ;-
"Whereupon some directors of the before-named Company in addition to the great interest they pos- sessed with their next friends in the said Company (who imported [to the value of] more than two tons of gold); animated with new zeal to carry out their High Mightinesses' intentions, and hoping in con- sequence for God's blessing, preceded all the other stockholders by way of a good example, saving the Company from expenses, troubles, and heavy charges, and further involved themselves by undertaking divers Patroonships, the expenses whereof incurred and laid out to this day, amount to not far from one ton of gold, cash down, and are yearly taxed, in ad- dition, with at least 45,000 guilders for the support of three of their Patroonships."
" The Patroons proceeding on daily, notwithstand- ing, bought and paid for not only the grounds belong- ing to the chiefs and natives of the lands in New Netherland, but also their rights of sovereignty (jura Majestatis) and such others as they exercised within the limits of the Patroons purchased territories.
"So that on the 28th November, 1630, were read at the Assembly of the Directors, the deeds of convey- ance of the lands and jurisdictions purchased from the Saccimaes, the Lords of the Country, executed for the behoof of the Patroons, their successors; and the new proprietors were accordingly thereupon con- gratulated.
"On the 2d December, in the year aforesaid, the patents sent to the Patroons from New Netherland were in like manner also again read, recorded in the Company's Register, ordered by the Assembly to be ensealed with the seal of New Netherland ; the Patroons were again congratulated and handed their patents.
"16th ditto. The Patroons on resolution of the Assembly, delivered to the Company's Counsel a per- fect list of their undertaken patroonships.
"8th January, 1631. The Patroons Colonies were ex supra abundanti confirmed, on submitting the ques- tion to the Assembly of the XIX., holden in Zea- land."
Such was the manner and the method in which began the colonization, settlement, and population, of New Netherland in general, and the territories of the States of Delaware, New Jersey, and New York in particular. Space will not permit mention of other and later Patroonships in different parts of the Dutch territory in America, except that of Colen- Donck, the only one which was created in the County of Westchester which will be treated of hereafter.
Very soon difficulties arose between the West India Company and the Patroons in relation chiefly to the trade in furs and the claims of the Patroons to embark in the same under the articles of the charter of Free- doms and Exemptions. The latter were more in- clined to push the trade in peltries than the agricul-
tural settlement of their lands, for the reason that the former was highly profitable, whereas the latter re- quired a constant outgo of money with a prospect of only distant and much smaller returns. Clashings as to civil powers and duties also occurred between them. But notwithstanding, population and agriculture slowly increased. Other Patroonships were taken up, and some lands were settled by individuals. The West India Company, although several other Directors in the Assembly of the XIX. had been taken in as partners by the three Patroons above named in their ventures, but without participation in their personal privileges and dignities, thought that the Patroons were prospering too much at the ex- pense of the interests of the Company itself, and sought to restrict them in their trading operations. The Patroons on their side claimed that the Company not only had no right to restrict them, but had not fulfilled its own obligations as laid down in the articles of the Freedoms and Exemptions.
These controversies led finally after much discus- sion, to a determination by both parties, concurred in by the States-General, to which both had appealed, that the charter of 1729 should be revised, changed in some important respects, and re-enacted in the form of an entirely new Charter of Freedoms and Exemptions.
One of the memorials of the Company to the States- General presented in October 1734, growing out of these difficulties and those arising from the claim set up by the English to authorize trade to New Nether- land, is of extreme interest for its clear and succinct account of the Dutch discovery and settlement from 1609 to 1634.
It states, "That said river" ("the North River in New Netherland," so styled in the memorial which is believed to be the first time it is so named in any official document) " and adjacent countries had been discovered in the year 1609, at the cost of the East India Company, before any Christians had ever been up said river, as Hudson testified, who was then in the service of said Company, for the purpose of dis- covering the north-west pas-age to China.
" And that your High Mightinesses' grant hath conferred from that time down, on divers merchants, the exclusive trade in peltries there.
" Likewise, that one or more little forts were built, also under your High Mightinesses' chief jurisdiction, even before the year 1614, and supplied with people for the security of the said trade ;
" Further, that after these countries had passed into the hands of the incorporated West India Company, not only were the above-named forts renewed and enlarged, but said Company purchased from the Indians who were the indubitable owners thereof, the Island of the Manhattes, situate at the entrance of the said river, and there laid the foundation of a city.
" As also, not only on that river, but likewise on the South River, and others lying to the east of the
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53
THE ORIGIN AND HISTORY OF THE MANORS.
aforesaid North River, divers natives and inhabitants of these countries, by the assistance of said Company, planted sundry Colonies, for which purpose, were also purchased from the chiefs of the Indians, the lands and soil, with their respective attributes and jurisdic- tions.
" As is to be seen by divers deeds of Conveyance and cession, executed in favor of the Patroons of the Colonies by the Sachems and Chief Lords of the Indians, and those who had anything to say therein." 1
In 1638, A " Report on the Condition of New Nether- land was made to the States-General by a special Committee of eight members, of which Rutger Huy- gens was Chairman, in the form of eight brief ques- tions and answers thereto, (The questions were pro- pounded by the States-General, and the answers were made by the special committee of that body, after it had held a joint meeting with the Company's Assembly of the XIX. at the Hague.) of which the last three very clearly show the state of affairs at that time ;-
"6. Has the Company realized profit or loss since the planting of New Netherland ?
4. Loss. But it could afford profit, principally from grain.
"7. And in case of loss, and their High Mighti- nesses consider it advantageous to preserve the limits of New Netherland, and to establish the population on a better and surer footing ?
A. The Company cannot people it; because the Company cannot agree among themselves ; but a plan of throwing it open must be considered.
"8. Whether it would not, therefore, be expedient to place the district of New Netherland at the dis- posal of the States-General ?
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