Besides this, the country of the Company is so taxed, and is burdened and kept down in such a manner, that the inhabitants are not able to appear beside their neighbors of Virginia or New England, or to undertake any enterprise. It seems—and so far as is known by us all the inhabitants of New Netherland declare—that the Managers have scarce any care or regard for New Netherland, except when there is something to receive, for which reason, however, they receive less. The great extremity of war in which we have been, clearly demonstrates that the Managers have not cared whether New Netherland sank or swam; for when in that emergency aid and assistance were sought from them—which they indeed were bound by honor and by promises to grant, unsolicited, pursuant to the Exemptions—they have never established any good order or regulation concerning it, although (after all) such a thing had been decreed and commanded by Their High Mightinesses. Neither have they ever allowed the true causes and reasons of the war to be investigated, nor have they attempted to punish those who had rashly begun it. Hence no little suspicion that it was undertaken by their orders; at least it is certain that their officers were chosen more from favor and friendship than merit, which did not make their matters go on better. But this is the loss and damage for the most part of the stockholders. Many of the others doubtless knew well their objects. In a word, they come far short in affording that protection which they owe the country, for there is nothing of the kind. They understand how to impose taxes, for while they promised in the Exemptions not to go above five per cent., they now take sixteen. It is a common saying that a half difference is a great difference, but that is nothing in comparison with this. The evasions and objections which are used by them, as regards merchants' goods, smuggling and many other things, and which the times have taught them, in order to give color to their acts, are of no force or consideration. They however are not now to be refuted, as it would take too long; though we stand ready to do so if there be any necessity for it. These and innumerable other difficulties, which we have not time to express, exist, tending to the damage, injury and ruin of the country. If the inhabitants or we ourselves go to the Director or other officers of the Company, and speak of the flourishing condition of our neighbors, and complain of our own desolate and ruinous state, we get no other answer from them than that they see and observe it, but cannot remedy it, as they follow the Company's orders, which they are compelled to do, and that if we have any thing to say, we must petition their masters, the Managers, or Their High Mightinesses, which in truth we have judged to be necessary. It is now more than a year since the commons-men deemed it expedient, and proposed, to send a deputation to Their High Mightinesses. The Director commended the project and not only assented to it but urged it strongly. It was put well in the mill, so that we had already spoken of a person to go, but it fell through for these reasons: When it was proposed, the Director desired that we should consult and act according to his wishes; which some who perceived the object would not consent to, and the matter therefore fell asleep. Besides, the English, who had been depended upon and who were associated in the affair, withdrew till the necessity of action became greater, and the Nine Men were changed the next year,(1) when Herr Stuyvesant again urged the matter strongly, and declared that he had already written to the Company that such persons would come. After the election of the Nine Men, and before the new incumbents were sworn in, it was determined and resolved verbally, that they would proceed with the deputation, whatever should be the consequences; but it remained some time before the oath was renewed, on account of some amplification of the commission being necessary, which was finally given and recorded and signed; but we have never been able to obtain an authentic copy of it, although the Director has frequently promised and we have frequently applied for it.
As the Company had now been waited upon a long while in vain, promising amendment from time to time but going on worse, a determined resolution was taken by the commons-men to send some person. They made their intention known to the Director, and requested that they might confer with the commonalty; but their proposition was not well received, and they obtained in reply to their written petition a very long apostil, to the effect, that consultation must be had with the Director, and his instructions followed, with many other things which did not agree with out object, and were impracticable, as we think. For various reasons which we set down in writing, we thought it was not advisable to consult with him, but we represented to his Honor that he should proceed; we would not send anything to the Fatherland without his having a copy of it. If he could then justify himself, we should be glad he should; but to be expected to follow his directions in this matter was not, we thought, founded in reason, but directly antagonistic to the welfare of the country. We had also never promised or agreed to do so; and were bound by an oath to seek the prosperity of the country, as, according to our best knowledge, we are always inclined to do.
In the above mentioned apostil it says, if we read rightly, that we should inquire what approbation the commonalty were willing to give to this business, and how the expense should be defrayed; but the Director explained it differently from what we understood it. Now as his Honor was not willing to convene the people however urgent our request, or that we should do it, we went round from house to house and spoke to the commonalty. The General has, from that time, burned with rage, and, if we can judge, has never been effectually appeased since, although we did not know but that we had followed his order herein. Nevertheless it was perceived that the Nine Men would not communicate with him or follow his directions in anything pertaining to the matter. This excited in him a bitter and unconquerable hatred against them all, but principally against those whom he supposed to be the chief authors of it; and although these persons had been good and dear friends with him always, and he, shortly before, had regarded them as the most honorable, able, intelligent and pious men of the country, yet as soon as they did not follow the General's wishes they were this and that, some of them rascals, liars, rebels, usurers and spendthrifts, in a word, hanging was almost too good for them. It had been previously strongly urged that the deputation should be expedited, but then [he said] there was still six months time, and that all that was proper and necessary could be put upon a sheet of paper. Many reports also were spread among the people, and it was sought principally by means of the English to prevent the college of the Nine Men from doing anything; but as these intrigues were discovered, and it was therefore manifest that this could not be effected, so in order to make a diversion, many suits were brought against those who were considered the ringleaders. They were accused and then prosecuted by the fiscaal and other suborned officers, who made them out to be the greatest villains in the country, where shortly before they had been known as the best people and dearest children. At this time an opportunity presented itself, which the Director was as glad to have, at least as he himself said, as his own life. At the beginning of the year 1649, clearly perceiving that we would not only have much to do about the deputation but would hardly be able to accomplish it, we deemed it necessary to make regular memoranda for the purpose of furnishing a journal from them at the proper time. This duty was committed to one Adriaen vander Donck, who by a resolution adopted at the same time was lodged in a chamber at the house of one Michael Jansz. The General on a certain occasion when Vander Donck was out of the chamber, seized this rough draft with his own hands, put Vander Donck the day after in jail, called together the great Council, accused him of having committed crimen laesae majestatis, and took up the matter so warmly, that there was no help for it but either the remonstrance must be drawn up in concert with him (and it was yet to be written,) or else the journal—as Mine Heer styled the rough draft from which the journal was to be prepared—was of itself sufficient excuse for action; for Mine Heer said there were great calumnies in it against Their High Mightinesses, and when we wished to explain it and asked for it, to correct the errors, (as the writer did not wish to insist upon it and said he knew well that there were mistakes in it, arising from haste and other similar causes, in consequence of his having had much to do and not having read over again the most of it,) our request was called a libel which was worthy of no answer, and the writer of which it was intended to punish as an example to others. In fine we could not make it right in any way. He forbade Vander Donck the council and also our meetings, and gave us formal notice to that effect, and yet would not release him from his oath. Then to avoid the proper mode of proof, he issued a proclamation declaring that no testimony or other act should be valid unless it were written by the secretary, who is of service to nobody, but on the contrary causes every one to complain that nothing can be done. Director Kieft had done the same thing when he was apprehensive that an attestation would be executed against him. And so it is their practice generally to do everything they can think of in order to uphold their conduct. Those whose offices required them to concern themselves with the affairs of the country, and did so, did well, if they went according to the General's will and pleasure; if they did not, they were prosecuted and thrown into prison, guarded by soldiers so that they could not speak with any body, angrily abused as vile monsters, threatened to be taught this and that, and everything done against them that he could contrive or invent. We cannot enter into details, but refer to the record kept of these things, and the documents which the Director himself is to furnish. From the foregoing relation Their High Mightinesses, and others interested who may see it, can well imagine what labor and burdens we have had upon our shoulders from which we would very willingly have escaped, but for love of the country and of truth, which, as far as we know, has long lain buried. The trouble and difficulty which do or will affect us, although wanting no addition, do not grieve us so much as the sorrowful condition of New Netherland, now lying at its last gasp; but we hope and trust that our afflictions and the sufferings of the inhabitants and people of the country will awaken in Their High Mightinesses a compassion which will be a cause of rejoicing to New Netherland.
Although we are well assured and know, in regard to the mode of redress of the country, we are only children, and Their High Mightinesses are entirely competent, we nevertheless pray that they overlook our presumption and pardon us if we make some suggestions according to our slight understanding thereof, in addition to what we have considered necessary in our petition to Their High Mightinesses.
In our opinion this country will never flourish under the government of the Honorable Company, but will pass away and come to an end of itself without benefiting thereby the Honorable Company, so that it would be better and more profitable for them, and better for the country, that they should divest themselves of it and transfer their interests.
To speak specifically. Provision ought to be made for public buildings, as well ecclesiastical as civil, which, in beginnings, can be ill dispensed with. It is doubtful whether divine worship will not have to cease altogether in consequence of the departure of the minister, and the inability of the Company. There should be a public school, provided with at least two good masters, so that first of all in so wild a country, where there are many loose people, the youth be well taught and brought up, not only in reading and writing, but also in the knowledge and fear of the Lord. As it is now, the school is kept very irregularly, one and another keeping it according to his pleasure and as long as he thinks proper. There ought also to be an almshouse and an orphan asylum, and other similar institutions. The minister who now goes home,(1) should be able to give a much fuller explanation thereof. The country must also be provided with godly, honorable and intelligent rulers who are not too indigent, or indeed are not too covetous. A covetous chief makes poor subjects. The manner the country is now governed falls severely upon it, and is intolerable, for nobody is unmolested or secure in his property longer than the Director pleases, who is generally strongly inclined to confiscating; and although one does well, and gives the Heer what is due to him, one must still study always to please him if he would have quiet. A large population would be the consequence of a good government, as we have shown according to our knowledge in our petition; and although to give free passage and equip ships, if it be necessary, would be expensive at first, yet if the result be considered, it would be an exceedingly wise measure, if by that means farmers and laborers together with other needy people were brought into the country, with the little property which they have; as also the Fatherland has enough of such people to spare. We hope it would then prosper, especially as good privileges and exemptions, which we regard as the mother of population, would encourage the inhabitants to carry on commerce and lawful trade. Every one would be allured hither by the pleasantness, situation, salubrity and fruitfulness of the country, if protection were secured within the already established boundaries. It would all, with God's assistance, then, according to human judgment, go well, and New Netherland would in a few years be a worthy place and be able to do service to the Netherland nation, to repay richly the cost, and to thank its benefactors.
High Mighty Lords! We have had the boldness to write this remonstrance, and to represent matters as we have done from love of the truth, and because we felt ourselves obliged to do so by our oath and conscience. It is true that we have not all of us at one time or together seen, heard and met with every detail of its entire contents. Nevertheless there is nothing in it but what is well known by some of us to be true and certain;—the most is known by all of us to be true. We hope Their High Mightinesses will pardon our presumption and be charitable with our plainness of style, composition and method. In conclusion we commit Their High Mightinesses, their persons, deliberations and measures and their people, at home and abroad, together with all the friends of New Netherland, to the merciful guidance and protection of the Most High, whom we supplicate for Their High Mightinesses' present and eternal welfare. Amen.
Done this 28th of July in New Netherland, subscribed, "ADRIAEN VANDER DONCK, AUGUSTIJN HERMANSZ, ARNOLDUS VAN HARDENBERGH, JACOB VAN COUWENHOVEN, OLOFF STEVENSZ" (by whose name was written "Under protest—obliged to sign about the government of the Heer Kieft"), "MICHIEL JANSZ, THOMAS HAL, ELBERT ELBERTSZ, GOVERT LOKERMANS, HENDRICK HENDRICKSZ KIP and JAN EVERTSBOUT." Below was written, "After collation with the original remonstrance, dated and subscribed as above, with which these are found to correspond, at the Hague, the 13th October, 1649, by me;" and was subscribed,
"D. v. SCHELLUYNEN, Notary Public."
The origin and value of the following document have been sufficiently described in the introduction to that which precedes. Cornelis van Tienhoven, secretary of the province under Kieft and Stuyvesant, had been sent by the latter to Holland to counteract the efforts of the three emissaries whom the commonalty had sent thither to denounce the existing system of government. Working in close co-operation with the Amsterdam Chamber of the West India Company, he played a skilful game, and succeeded in delaying and in part averting hostile action on the part of the States General. The piece which follows is his chief defensive recital of the acts of the administration, and as such has much value.
Van Tienhoven had the reputation of a libertine, and conducted himself as such while in Holland, finally escaping to New Netherland in 1651 with a girl whom he had deceived, though he had a wife in the province. Yet Stuyvesant retained him in his favor, promoted him in 1652 to be schout-fiscaal of New Netherland, and used him as his chief assistant. After a disastrous outbreak, however, understood to have been caused by his advice, the Company ordered Stuyvesant to exclude him from office; and presently Van Tienhoven and his brother, a fraudulent receiver-general, absconded from the province.
The manuscript of Van Tienhoven's Answer was found by Brodhead in the archives of the Netherlands, and is still there. Two translations of it, differing but slightly, have been printed, the first in 1849 by Henry C. Murphy, in the Collections of the New York Historical Society, second series, II. 329-338, the other in the Documents relating to the Colonial History of New York, I. 422-432. The former, revised by comparison with the original manuscript at the Hague by Professor William I. Hull, of Swarthmore College, appears in the following pages.
ANSWER TO THE REPRESENTATION OF NEW NETHERLAND, BY CORNELIS VAN TIENHOVEN, 1650
A Brief Statement or Answer to some Points embraced in the Written Deduction of Adrian van der Donk and his Associates, presented to the High and Mighty Lords States General. Prepared by Cornelis van Tienhoven, Secretary of the Director and Council of New Netherland.
IN order to present the aforesaid answer succinctly, he, Van Tienhoven, will allege not only that it ill becomes the aforesaid Van her Donk and other private persons to assail and abuse the administration of the Managers in this country, and that of their Governors there,(1) in such harsh and general terms, but that they would much better discharge their duty if they were first to bring to the notice of their lords and patrons what they had to complain of. But passing by this point, and leaving the consideration thereof to the discretion of your High Mightinesses, he observes preliminary and generally, that it could as easily and with more truth be denied, than by them it is odiously affirmed.
Coming then to the matter, I will only touch upon those points as to which either the Managers or the Directors are arraigned. In regard to point No. 1, I deny, and it never will appear, that the Company have refused to permit our people to make settlements in the country, and allow foreigners to take up the land.
The policy of the Company to act on the defensive, since they had not the power to resist their pretended friends, and could only protect their rights by protest, was better and more prudent than to come to hostilities.
Trade has long been free to every one, and as profitable as ever. Nobody's goods were confiscated, except those who had violated their contract, or the order by which they were bound; and if anybody thinks that injustice has been done him by confiscation, he can speak for himself. At all events it does not concern these people.
As for their complaining that the Christians are treated like the Indians in the sale of goods, this is admitted; but this was not done by the Company, nor by the Directors, because (God help them) they have not had anything there to sell for many years. Most of the remonstrants, being merchants or factors, are themselves the cause of this, since they are the persons who, for those articles which cost here one hundred guilders, charge there, over and above the first cost, including insurance, duties, laborer's wages, freight, etc., one and two hundred per cent. or more profit. Here can be seen at once how these people lay to the charge of the Managers and their officers the very fault which they themselves commit. They can never show, even at the time the Company had their shop and magazines there well supplied, that the goods were sold at more than fifty per cent. profit, in conformity with the Exemptions. The forestalling of the goods by one and another, and their trying to get this profit, cannot be prevented by the Director, the more so as the trade was thrown open to both those of small and those of large means.
It is a pure calumny, that the Company had ordered half a fault to be reckoned for a whole one.
And, as it does not concern the inhabitants what instructions or orders the patroon gives to his chief agent, the charge is made for the purpose of making trouble. For these people would like to live without being subject to any one's censure or discipline, which, however, they stand doubly in need of.
Again it is said in general terms, but wherein, should be specified and proven, that the Director exercises and has usurped sovereign power.
That the inhabitants have had need of the Directors appears by the books of accounts, in which it can be seen that the Company has assisted all the freemen (some few excepted) with clothing, provisions and other things, and in the erection of houses, and this at the rate of fifty per cent. advance above the actual cost in the Fatherland, which is not yet paid. And they would gladly, by means of complaints, drive the Company from the land, and pay nothing.
It is ridiculous to suppose Director Kieft should have said that he was sovereign, like the Prince in the Fatherland; but as relates to the denial of appeal to the Fatherland, it arose from this, that, in the Exemptions, the Island of the Manhatans was reserved as the capital of New Netherland, and all the adjacent colonies were to have their appeal to it as the Supreme Court of that region.(1)
Besides, it is to be remarked, that the patroon of the colony of Renselaerswyck notified all the inhabitants not to appeal to the Manhatans, which was contrary to the Exemptions, by which the colonies are bound to make a yearly report of the state of the colony, and of the administration of justice, to the Director and Council on the Manhatans.(1)
The Directors have never had any management of, or meddled with, church property. And it is not known, nor can it be proven, that any one of the inhabitants of New Netherland has contributed or given, either voluntarily or upon solicitation, anything for the erection of an orphan asylum or an almshouse. It is true that the church standing in the fort was built in the time of William Kieft, and 1,800 guilders were subscribed for the purpose, for which most of the subscribers have been charged in their accounts, which have not yet been paid. The Company in the meantime has disbursed the money, so that the Commonalty (with a few exceptions) has not, but the Company Has, paid the workmen. If the commonalty desire such works As the aforesaid, they must contribute towards them as is Done in this country, and, if there were an orphan asylum and Almshouse, there should be rents not only to keep up the house, But also to maintain the orphans and old people.
If any one could show that by will, or by donation of a living person, any money, or moveable or immoveable property, has been bestowed for such or any other public work, the remonstrants would have done it; but there is in New Netherland no instance of the kind, and the charge is spoken or written in anger. When the church which is in the fort was to be built, the Churchwardens were content it should be put there. These persons complain because they considered the Company's fort not worthy of a church. Before the church was built, the grist-mill could not grind with a southeast wind, because the wind was shut off by the walls of the fort.
Although the new school, towards which the commonalty has contributed something, is not yet built, the Director has no management of the money, but the churchwardens have, and the Director is busy in providing materials. In the mean time a place has been selected for a school, where the school is kept by Jan Cornelissen. The other schoolmasters keep school in hired houses, so that the youth, considering the circumstances of the country, are not in want of schools. It is true there is no Latin school or academy, but if the commonalty desire it, they can furnish the means and attempt it.
As to what concerns the deacons' or poor fund, the deacons are accountable, and are the persons to be inquired of, as to where the money is invested, which they have from time to time put out at interest; and as the Director has never had the management of it, (as against common usage), the deacons are responsible for it, and not the director. It is true Director Kieft being distressed for money, had a box hung in his house, of which the deacons had one key, and in which all the small fines and penalties which were incurred on court day were dropped. With the consent of the deacons he opened it, and took on interest the money, which amounted to a pretty sum.
It is admitted, that the beer excise was imposed by William Kieft, and the wine excise by Peter Stuyvesant, and that they continued to be collected up to the time of my leaving there; but it is to be observed here, that the memorialists have no reason to complain about it, for the merchant, burgher, farmer and all others (tapsters only excepted), can lay in as much beer and wine as they please without paying any excise, being only bound to give an account of it in order that the quantity may be ascertained. The tapsters pay three guilders for each tun of beer and one stiver for each can of wine,(1) which they get back again from their daily visitors and the travellers from New England, Virginia and elsewhere.
The commonalty up to that time were burdened with no other local taxes than the before mentioned excise, unless the voluntary gift which was employed two years since for the continuation of the building of the church, be considered a tax, of which Jacob Couwenhoven,(1) who is one of the churchwardens, will be able to give an account.
In New England there are no taxes or duties imposed upon goods exported or imported; but every person's wealth is there appraised by the government, and he must pay for the following, according to his wealth and the assessment by the magistrates: for the building and repairing of churches, and the support of the ministers; for the building of schoolhouses, and the support of schoolmasters; for all city and village improvements, and the making and keeping in repair all public roads and paths, which are there made many miles into the country, so that they can be used by horses and carriages, and journeys made from one place to another; for constructing and keeping up all bridges over the rivers at the crossings; for the building of inns for travellers, and for the maintenance of governors, magistrates, marshals and officers of justice, and of majors, captains and other officers of the militia.
In every province of New England there is quarterly a general assembly of all the magistrates of such province;(1) and there is yearly a general convention of all the provinces, each of which sends one deputy with his suite, which convention lasts a long time. All their travelling expenses, board and compensation are there raised from the people. The poor-rates are an additional charge.
The accounts will show what was the amount of recognitions collected annually in Kieft's time; but it will not appear that it was as large by far as they say the people were compelled to pay. This is not the Company's fault, nor the Directors', but of those who charge one, two and three hundred per cent. profit, which the people are compelled to pay because there are few tradesmen.
It will not appear, either now or in the future, that 30,000 guilders were collected from the commonalty in Stuyvesant's time; for nothing is received besides the beer and wine excise, which amounts to about 4,000 guilders a year on the Manhatans. From the other villages situated around it there is little or nothing collected, because there are no tapsters, except one at the Ferry,(1) and one at Flushing.
If anything has been confiscated, it did not belong to the commonalty, but was contraband goods imported from abroad; and nobody's goods are confiscated without good cause.
The question is whether the Honorable Company or the Directors are bound to construct any works for the commonalty out of the recognition which the trader pays in New Netherland for goods exported, especially as those duties were allowed to the Company by Their High Mightinesses for the establishment of garrisons, and the expenses which they must thereby incur, and not for the construction of poor-houses, orphan asylums, or even churches and school-houses, for the commonalty.
The charge that the property of the Company is neglected in order to procure assistance from friends, cannot be sustained by proof.
The provisions obtained for the negroes from Tamandare were sent to Curacao, except a portion consumed on the Manhatans, as the accounts will show; but all these are mattes which do not concern these persons, especially as they are not accountable for them.
As to the freemen's contracts which the Director graciously granted the negroes who were the Company's slaves, in consequence of their long service: freedom was given to them on condition that their children should remain slaves, who are not treated otherwise than as Christians. At present there are only three of these children who do any service. One of them is at the House of Hope,(1) one at the Company's Bouwery, and one with Martin Crigier, who has brought the girl up well, as everybody knows.
That the Heer Stuyvesant should build up, alter and repair the Company's property was his duty. For the consequent loss or profit he will answer to the Company.
The burghers upon the island of Manhatans and thereabouts must know that nobody comes or is admitted to New Netherland (being a conquest) except upon this condition, that he shall have nothing to say, and shall acknowledge himself under the sovereignty of Their High Mightinesses the States General and the Lords Managers, as his lords and patrons, and shall be obedient to the Director and Council for the time being, as good subjects are bound to be.
Who are they who have complained about the haughtiness of Stuyvesant? I think they are such as seek to live without law or rule.
Their complaint that no regulation was made in relation to sewan is untrue. During the time of Director Kieft good sewan passed at four for a stiver, and the loose bits were fixed at six pieces for a stiver.(1) The reason why the loose sewan was not prohibited, was because there is no coin in circulation, and the laborers, farmers, and other common people having no other money, would be great losers; and had it been done, the remonstrants would, without doubt, have included it among their grievances.
Nobody can prove that Director Stuyvesant has used foul language to, or railed at as clowns, any persons or respectability who have treated him decently. It may be that some profligate has given the Director, if he used any bad words to him, cause to do so.
That the fort is not properly repaired does not concern the inhabitants. It is not their domain, but the Company's. They are willing to be protected by good forts and garrisons belonging to the Company without furnishing any aid or assistance by labor or money for the purpose; but it appears they are not willing to see a fort well fortified and properly garrisoned, from the apprehension that malevolent and seditious persons will be better punished, which they call cruelty.
Had the Director not been compelled to provide the garrisons of New Netherland and Curacao with provisions, clothing and pay, the fort would, doubtless, have been completed already.
Against whom has Director Stuyvesant personally made a question without reason or cause?
A present of maize or Indian corn they call a contribution, because a present is never received from the Indians without its being doubly paid for, as these people, being very covetous, throw out a herring for a codfish, as everybody who knows the Indians can bear witness.
Francis Doughty, father-in-law of Adrian van der Donk, and an English minister, was allowed a colony at Mestpacht, not for himself alone as patroon, but for him and his associates, dwelling in Rhode Island, at Cohanock and other places, from whom he had a power of attorney, and of whom a Mr. Smith(1) was one of the principal; for the said minister had scarcely any means of himself to build even a hovel, let alone to people a colony at his own expense; but was to be employed as minister by his associates, who were to establish him on a farm in the said colony, for which he would discharge ministerial duties among them, and live upon the profits of the farm.
Coming to the Manhatans to live during the war, he was permitted to act as minister for the English dwelling about there; and they were bound to maintain him without either the Director or the Company being liable to any charge therefor. The English not giving him wherewith to live on, two collections were made among the Dutch and English by means of which he lived at the Manhatans.
The said colony of Mespacht was never confiscated, as is shown by the owners, still living there, who were interested in the colony with Doughty; but as Doughty wished to hinder population, and to permit no one to build in the colony unless he were willing to pay him a certain amount of money down for every morgen of land, and a certain yearly sum in addition in the nature of ground-rent, and in this way sought to establish a domain therein, the others interested in the colony (Mr. Smith especially) having complained, the Director and Council finally determined that the associates might enter upon their property—the farm and lands which Doughty possessed being reserved to him; so that he has suffered no loss or damage thereby. This I could prove also, were it not that the documents are in New Netherland and not here.
There are no clauses inserted in the ground-briefs, contrary to the Exemptions, but the words nog te beramen (hereafter to be imposed) can be left out of the ground-briefs, if they be deemed offensive.
Stuyvesant has never contested anything in court, but as president has put proper interrogatories to the parties and with the court's advice has rendered decisions about which the malevolent complain; but it must be proven that anyone has been wronged by Stuyvesant in court.
As to what relates to the second [Vice Director] Dinclagen, let him settle his own matters.
It can be shown that Brian Newton not only understands the Dutch tongue, but also speaks it, so that their charge, that Newton does not understand the Dutch language, is untrue. All the other slanders and calumnies uttered against the remaining officers should be required to be proven.
It is true that in New Netherland it was commonly stated in conversation that there was no appeal from a judgment in New Netherland pronounced on the island of Manhatans, founded on the Exemptions by which on the island of Manhatans was established the supreme court for all the surrounding colonies, and also that there had never been a case in which an appeal from New Netherland had been entertained by Their High Mightinesses, although it had been petitioned for when Hendrick Jansen Snyder, Laurens Cornelissen and others, many years ago, were banished from New Netherland.(1) It would be a very strange thing indeed if the officers of the Company could banish nobody from the country, while the officers of the colony of Renselaerswyck, who are merely subordinates of the Company, can banish absolutely from the colony whomever they may deem advisable for the good of the colony, and permit no one to dwell there unless with their approbation and upon certain conditions, some of which are as follows: in the first place, no one down to the present time can possess a foot of land of his own in the colony, but is obliged to take upon rent all the land which he cultivates. When a house is erected an annual ground-rent in beavers must be paid; and all the farmers must do the same, which they call obtaining the right to trade. Where is there an inhabitant under the jurisdiction of the Company of whom anything was asked or exacted for trade or land? All the farms are conveyed in fee, subject to the clause beraemt ofte nog te beramen, (taxes imposed or to be imposed.)
The English minister Francis Doughty has never been in the service of the company, wherefore it was not indebted to him; but his English congregation are bound to pay him, as may be proven in New Netherland.
The Company has advanced the said minister, from time to time, goods and necessaries of life amounting to about 1100 guilders, as the Colony-Book can show, which he has not yet paid, and he is making complaints now, so that he may avoid paying it. Whether or not the Director has desired a compromise with Doughty, I do not know.
Director Stuyvesant, when he came to New Netherland, endeavored according to his orders to stop in a proper manner the contraband trade in guns, powder and lead. The people of the colony of Renselaerwyck understanding this, sent a letter and petition to the Director, requesting moderation, especially as they said if that trade were entirely abolished all the Christians in the colony would run great danger of being murdered, as may more at large be seen by the contents of their petition.
The Director and Council taking the request into consideration, and looking further into the consequences, resolved that guns and powder, to a limited extent, be sparingly furnished by the factor at Fort Orange, on account of the Company, taking good care that no supply should be carried by the boats navigating the river, until in pursuance of a further order. It is here to be observed that the Director, fearing one of two [evils] and in order to keep the colony out of danger, has permitted some arms to be furnished at the fort. Nobody can prove that the Director has sold or permitted to be sold anything contraband, for his own private benefit. That the Director has permitted some guns to be seized has happened because they brought with them no license pursuant to the order of the Company, and they would under such pretences be able to bring many guns. The Director has paid for every one that was seized, sixteen guilders, although they do not cost in this country more than eight or nine guilders.
It is true that a case of guns was brought over by Vastrick, by order of Director Stuyvesant, in which there were thirty guns, which the Director, with the knowledge of the Vice Director and fiscaal, permitted to be landed in the full light of day, which guns were delivered to Commissary Keyser with orders to sell them to the Netherlanders who had no arms, in order that in time they might defend themselves, which Keyser has done; and it will appear by his accounts where these guns are. If there were any more guns in the ship it was unknown to the Director. The fiscaal, whose business it was, should have seen to it and inspected the ship; and these accusers should have shown that the fiscaal had neglected to make the search as it ought to have been done.
Jacob Reinsen and Jacob Schermerhorn are Scotch merchants (pedlers) born in Waterland, one of whom, Jacob Schermerhorn, was at Fort Orange, the other, Jacob Reintjes, was at Fort Amsterdam, who there bought powder, lead and guns, and sent them up to Schermerhorn, who traded them to the Indians. It so happened that the Company's corporal, Gerit Barent, having in charge such of the arms of the Company as required to be repaired or cleaned, sold to the before named Jacob Reintjes, guns, locks, gun-barrels, etc., as can be proven by Jacob Reintjes' own confession, by letters written to his partner long before this came to light, and by the accusations of the corporal. The corporal, seduced by the solicitation of Jacob Reintjes, sold him the arms as often as desired, though the Latter knew that the guns and gun-barrels belonged to the Company, and not to the corporal. There was confiscated also a parcel of peltries (as may be seen in the accounts) coming chiefly from the contraband goods (as appears from the letters). And as the said Jacob Reintjes has been in this country since the confiscation, he would have made complaint if he had not been guilty, especially as he was sufficiently urged to do so by the enemies of the Company and of the Director, but his own letters were witnesses against him.
Joost de Backer being accused also by the above named corporal of having bought gun-locks and gun-barrels from him, and the first information having proved correct, his house was searched according to law, in which was found a gun of the Company which he had procured from the corporal; he was therefore taken into custody until he gave security [to answer] for the claim of the fiscaal.
As the English of New England protected among them all fugitives who came to them from the Manhatans without the passport required by the usage of the country, whether persons in the service of the Company or freemen, and took them into their service, it was therefore sought by commissioners to induce the English to restore the fugitives according to an agreement previously made with Governors Eaton and Hopkins, but as Governor Eaton failed to send back the runaways, although earnestly solicited to do so, the Director and Council, according to a previous resolution, issued a proclamation that all persons who should come from the province of New Haven (all the others excepted) to New Netherland should be protected; which was a retaliatory measure. As the Governor permitted some of the fugitives to come back to us, the Director and Council annulled the order, and since then matters have gone on peaceably, the dispute about the boundaries remaining the same as before.(1)