Part 10 (1/2)
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 p.r.o.nounced 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 pet.i.tioned 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 n.o.body 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.)
(1) Hendrick Jansen the tailor was throughout Kieft's administration one of his bitterest and most abusive opponents, and was several times prosecuted for slander. In 1647 he sailed on the Princess with Kieft and was lost.
Lourens Cornelissen van der Wel was a sea-captain, and also prosecuted by Kieft.
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 pet.i.tion 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 pet.i.tion.
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. n.o.body 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 s.h.i.+p it was unknown to the Director. The fiscaal, whose business it was, should have seen to it and inspected the s.h.i.+p; 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 pa.s.sport 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)
(1) Theophilus Eaton, governor of New Haven 1639-1658, and Edward Hopkins, governor of Connecticut seven times in the period 1640-1654. The recriminations and retaliations alluded to took place in the winter of 1647-1648. Two months before the date of this Answer, Stuyvesant had arranged with the Commissioners of the United Colonies at Hartford a provisional Agreement as to boundaries between English and Dutch on Long Island and on the mainland; but the treaty was not ratified by the English and Dutch governments.
n.o.body's goods have been confiscated in New Netherland without great reason; and if any one feels aggrieved about it, the Director will be prepared to furnish an answer. That s.h.i.+ps or s.h.i.+pmasters are afraid of confiscation and therefore do not come to New Netherland is probable, for n.o.body can come to New Netherland without a license. Whoever has this, and does not violate his agreement, and has properly entered his goods, need not be afraid of confiscation; but all smugglers and persons who sail with two commissions may well be.
All those who were indebted to the Company were warned by the Director and Council to pay the debts left uncollected by the late William Kieft, and as some could, and others could not well pay, no one was compelled to pay; but these debts, amounting to 30,000 guilders, make many who do not wish to pay, angry and insolent, (especially as the Company now has nothing in that country to sell them on credit,) and it seems that some seek to pay after the Brazil fas.h.i.+on.(1)
(1) The recent conquest of the company's province of Brazil by the Portuguese had enabled many debtors there to avoid paying their debts.
The memorialists have requested that the people should not be hara.s.sed, which however has never been the case, but they would be right glad to see that the Company dunned n.o.body, not demanded their own, yet paid their creditors. It will appear by the account-books of the Company that the debts were not contracted during the war, but before it. The Company has a.s.sisted the inhabitants, who were poor and burdened with wives and children, with clothing, houses, cattle, land, etc., and from time to time charged them in account, in hopes of their being able at some time to pay for them.
If the taxes of New England, before spoken of, be compared with those of New Netherland, it will be found that those of New England are a greater burden upon that country than the taxes of New Netherland are upon our people.
The wine excise of one stiver per can, was first imposed in the year 1647.
The beer excise of three guilders per tun, was imposed by Kieft in 1644, and is paid by the tapster alone, and not the burgher.
The recognition of eight in a hundred upon exported beaver skins does not come out of the inhabitants, but out of the trader, who is bound to pay it according to contract.
The Director has always shown that he was desirous and pleased to see a deputation from the commonalty, who should seek in the Fatherland from the Company as patrons and the Lords States as sovereigns, the following: population, settlement of boundaries, reduction of charges upon New Netherland tobacco and other productions, means of transporting people, permanent and solid privileges, etc.