thinness of the meeting, to the next Council day, and the Burgomasters saw that no greater number is in attendance to-day, their Worships have therefore only proposed whether, in the meanwhile, a subsidy of 25 guild. could not be resolved and agreed to, it being urgently demanded for the dispatch of the present equipment for the Colonie; also, that Mr. Cornelis de Graeff, Lord of South Polsbroeck, be again requested and commissioned with the Commissioners appointed for the affairs of the aforesaid Colonie, to resume the conference with the Directors of the West India Company, in order to see whether their Honors could not, for the good of the aforesaid Colonie, agree to the contents of a certain draft of Conditions submitted to the Council, and here inserted verbatim:

In case the Worshipful Council resolve vigorously to promote the settlement of the city's Colonie on the South river, we then, under correction, are of opinion that their Worships might and ought to stipulate with the West India Company not only that no appeal should lie to the Manhattans, but also that the duties should be payable not to the Company, but to the city, for the relief of its to be incurred expenses, at the same rate as was paid at the Manhattans, so as not to undermine this Colonie, it being noted, likewise, that the city will occupy Fort Christina with its garrison and will relieve the Company therefrom.

Which points being taken into consideration, a provisional subsidy of 25m guild. is consented to for the end aforesaid; and the above named Lord of Polsbroeck is appointed anew with the aforesaid Commissioners, to see and try, on resuming their conference with the Directors of the West India Company, whether their Honors could not agree to and approve the aforesaid Conditions, reporting the result.

Resolutions of the Directors of the West India Company, Chamber at Amsterdam.

[From the New-York Colonial Manuscripts, XIX., in the Secretary of State's Office, Albany, N. Y. ]

Friday, 13th July, 1663.

The Committee appointed at the meeting yesterday to confer with the city's Commissioners respecting New Netherland, having reported that, they being negotiating with the gentlemen aforesaid, the latter had communicated a written extract from their resolutions, to the effect that half the duty of this Colonie be ceded to the city, and, furthermore, that the appeals from their Colonie to the Director and Council of New Netherland be abolished, or else that in the cases from their Colonie, which, by appeal, devolve on the Director and Council, an appeal may lie to the Supreme Court here: The whole matter being considered, it is resolved to place the aforesaid written extract in the hands of the Committee on New Netherland, for immediate examination and report.

Monday, 30th July, 1663.

The Committee on New Netherland, having made a report on the Memoir of the city's Commissioners, dated 12th of July, which was submitted to the meeting on the 13th next

ensuing, the opinion of the aforesaid Committee is heard, and everything being duly examined, it is unanimously resolved and concluded that the following shall be furnished, as an answer: The Directors of the Incorporated West India Company, Chamber at Amsterdam, having seen and examined the Memoir of Mess" the Commissioners and Directors of this city upon their Colonie in New Netherland, dated the 12th instant, consisting of two points, first: That in place, as at present, according to the Company's order and the Conditions enacted with the Right Worshipful Burgomasters of this city, all the New Netherland duties and convoys must be paid to the Company, the aforesaid Directors resigning a portion thereof, are willing to grant and concede the same to the city aforesaid, for reasons set forth in the aforesaid Memoir, that the said city may henceforth absolutely receive and administer the convoys and duties of all such goods as will be sent hence direct to the South river in New Netherland, provided that the aforesaid city keep a proper account of the receipt and administration thereof, and pay one-half of the clear proceeds to the Company, and they may retain the other half for themselves; with express restriction that the aforesaid other half shall be employed for the advantage and greater security of their Colonie, in erecting and repairing public works, maintaining their officers and such like things, with offer to prove the same at all times.

Secondly. That, from judgments pronounced by the Director and Council of New Netherland, in matters devolved on them by appeal from the aforesaid city's Colonie, according to the agreement, an appeal may, if necessary, be allowed to the Supreme Court of this country.

The above named Directors, having taken all the aforesaid into consideration, and especially weighed on the one hand the reasons advanced by the aforesaid Commissioners and Directors, and, on the other hand, the constitution of the charter, orders and rules enacted by their High Mightinesses for the Company; in order to acquiesce in the aforesaid request in favor of the aforesaid city's Colonie, as far as it may in no wise prejudice the Company, they have resolved, on the first, to request the aforenamed Commissioners and Directors to excuse the Company, so far as relates to their request, for the receipt and administration of the duty and convoys; but, nevertheless, the Company grants and consents that one-half the clear proceeds of the convoys and duty from all the goods to be sent direct from hence to the aforesaid city's Colonie in New Netherland, shall be received by the aforesaid city for the term of eight consecutive years, so that the receipt and administration of the duty and convoys aforesaid shall effectually remain, as hitherto, without any change be made hereby therein, but the half of the net proceeds shall be paid by the Company to the city aforesaid, to be expended and employed as requested in the aforesaid Memoir, all with this understanding, that the above mentioned Commissioners shall also punctually observe and execute all the foregoing agreements and consents, especially what has been by the Directors resolved on the 18th of February last, on the first point of their petition, regard being had, on the one side, to the evil consequences which might arise in other of the Company's districts; and, on the other hand, the impossibility which exists that judgments pronounced in their High Mightinesses' name by a judge of the highest resort, should be subject to correction and alteration by a Provincial Court, in direct contravention to divers of their High Mightinesses' resolutions, of themselves in contradictorio, adopted heretofore in cases which occurred in that district.

Friday, 3rd August, 1663.

The Committee on New Netherland having been in further conference with the Commissioners of the city's Colonie on the Memoir of the 30th ultimo, and having afterwards presented to the meeting the Memoir hereinafter inserted, it is in said report resolved hereby to authorize the Committee on New Netherland to make such further arrangement with the city's Commissioners as shall be found most advantageous to the Company.

Memoir of the city's Commissioners on New Netherland.

The Commissioners and Directors over this city's Colonie in New Netherland having seen and examined the written answer of the Directors of the West India Company to a certain Memoir to them delivered on the 12th July last, containing two different points, namely, first, that the city may be allowed to receive the duties and convoys of goods and merchandise going hence direct to the South river of New Netherland, on condition of paying one-half the net proceeds thereof to the said Company; and secondly, that from the judgments pronounced by the Director-General and Council of New Netherland in cases devolved on them by appeal from said city's Colonie, an appeal may also lie to the Supreme Court here; have observed by the aforesaid written answer, on the first point, that the said Company does in fact concede to the city the half of the aforesaid duty and convoy for the term of S years, but that the same must be collected by the aforesaid Company which accordingly would have to pay over the half to the city; this being taken into consideration by the Commissioners, who have principally observed that the nature of the case is such that the city up to this time hath reserved this trade not for private individuals but exclusively for herself, their Honors therefore think that the Company, wishing to avoid double trouble, requires only to be paid, so long as the trade is carried on directly and immediately by the city, the half of the net proceeds of the duty and convoy to which such goods and merchandise as the city will send thither, are subject; furthermore, have no objection to the Company receiving the duties and convoys on the goods which will be sent thither by private individuals, provided the city shall be empowered to appoint, in the Company's office, a person who shall there receive for it the half of those duties and convoys.

In regard to the 2nd point: Of the appeals. As the Company makes so many objections, this point will be given up, and as the planting of this Colonie hath already cost the city considerable, and the latter therefore deserves to be encouraged in order, with more power and zeal than heretofore, to advance the work, which will still require many thousands, the Commissioners are of opinion that the time is now come when the city must provide for its relief, to the end that it may enjoy the effect of the Conditions which she entered into with the West India Company and have been approved by their High Mightinesses, vizt., That the toll or duty, by whichever name it goes, that is paid in the city's Colonie on the South river, may be expended now by the city in the construction and maintaining of the public works, as expressly directed by the 8th article of the printed Conditions and is verbally also more fully expressed. The Commissioners and Directors, above named, therefore doubt not but the Company will now consent hereunto, at least if it desire to see so good a work zealously taken in hand and advanced, both for the greater security of its interests there and for the advantage of this State in general; in which case the tolls aforesaid might be received both

by those who will be appointed there by the Company and by the city, in order to obtain more certain information that they were employed no otherwise than in the construction and preparation of the public works, which shall at all times be proved; the surplus thereof shall be paid back to the Company, as the city is not requiring it for herself.

And whereas great complaints have been frequently made by the Commissioners of the colonists running away from the city's Colonie, which necessarily tends to injure the city's interests in that quarter; they are, therefore, of opinion that, in order to obviate all distrusts between officers on both sides there, it would be very advantageous that said Company should expressly order its officers not to harbor any persons coming from the city's Colonie, unless provided with proper passports, otherwise to send them back on demand, said Commissioners undertaking to reciprocate and act in the same way in case any one should come over in the same manner from the Company's district.

Done at the meeting of the Commissioners and Directors aforesaid, in Amsterdam, 2nd August, 1663.

Thursday, 9th August, 1663.

The Commissioners of New Netherland being, pursuant to their resolution of the 3rd instant, in further conference with the Commissioners and Directors of the city's district on the South river, and having made a report thereof, after hearing their opinions and the additional Memoir of the aforesaid city's Commissioners of the 3rd instant, it is resolved to acquiesce therein and it is hereby consented to, and further to request the Company, having laid aside divers and weighty motives to the contrary, zealously to encourage the advancement of the aforesaid Colonie in the speediest manner.

Agrees with the register of the aforesaid resolutions.

(Signed),

MICH TEN HOVE. 1663.

Holland Documents,
XV., 91.

Report on the Colonie on the Delaware River.

[ From Muniment Register van den Raad, D., 108, in the Stad Huys, Amsterdam, }

Report of the Commissioners and Directors over this city's Colonie in New Netherland to the Right Worshipful, the Burgomasters, submitted the 10th of August, 1663.

Your Worships have been heretofore informed that the Commissioners and Directors had, by their own experience and knowledge, seen and perceived the obstruction and damage inflicted on the Colonie in New Netherland, especially in the matter of judicature, and that accordingly to obviate it had obtained from the West India Company not only that there should be no appeal in criminal cases, but that the sum to be decided by the decree of the Schepens of the city's Colonie should, instead of 100 guilders, be advanced to 600 guilders, Hollands; also, that to the city should be surrendered and conveyed, the whole of the South river, from the sea upwards so far as the said river

extends, and on the North side three leagues from the river's bank landward in, and on the South side as far as the land extends in that direction to the English Colonie; and as the Worshipful Council of this city did, afterwards, on the 16th March, of this year, request and appoint Mr. Cornelis de Graef, Lord of South Polsbroeck, with and besides the Commissioners aforesaid, to agree, if possible, by further conference with the West India Company, not only to abolish appeals in toto, but also, that henceforth the city should receive the duty on the goods and merchandise going hence direct to the South river, for the defraying of the expenses which are to be incurred; and as the said business has now finally been concluded with the West India Company aforesaid, therefore, not only an explanation hereof will now be given, but also this supplementary report is respectfully submitted to your Worships of the state of the city's affairs there, and by what means they can be maintained and advanced.

First. Concerning the abrogation of the appeal, and that accordingly from the judgment [pronounced] by the Director and Council of New Netherland in matters devolved by appeal, there shall lie an appeal to the Schepens of this city or to the Supreme Court in this country: It has been considered by the Company, to that end applying ample reasons wherefore it could not be done; the same was then abandoned, as we were not able to perceive how the city or its inhabitants could hereby, certainly not for the present, be prejudiced, as cases exceeding 600 guilders will be of very rare occurrence there.

Concerning the 2nd point: The aforesaid Company has granted to the city, for the term of eight years, the net half of the receipts of the duty and convoy of goods going hence direct to the South river, and that for the building and maintaining its public works and supporting the officers there; accordingly only half of the duty and convoy of the goods and merchandise which are sent on behalf of the city is paid to the Company, at whose office shall, furthermore, be received the duty and convoy of the goods which will be shipped thither by private persons, but the city, in order to be served faithfully and betimes, shall be empowered to appoint a person there who shall receive the half thereof on its account.

Having, moreover, obtained from the said Company, for a like number of years, the toll or duty which is paid in New Netherland both on beavers and other peltries and Virginia or Maryland tobacco, whereof the last pays 30 stivers and the first 10 guilders per 100 export duty (including the 4 stivers per beaver) and whatever additional might be paid on other and all such returns, likewise for the erection and maintaining of public works; which is consequently of such consideration as will hereinafter be more fully submitted.

And as the city's Colonie has also heretofore been grievously injured by the running away of its colonists, said Company hath, on the request presented by the Commissaries aforesaid on this occasion, also promised to introduce strict order to the end that no persons coming from the city's Colonie to the Manhattans without a proper passport, shall be harbored there but sent back again, which shall also be done reciprocally by the city, in order thus to obviate and remove all troubles between the governments on either side.

This being thus transacted with the West India Company at a further conference, we shall now proceed to the state or condition of the Colonie itself, and by what means it could be maintained and advanced.

Concerning the state or condition of the Colonie itself, that being considered as it will be conveyed to the city, namely the entire river, as hereinbefore specified, it is found that the Swedes, Fins and other nations have made and erected there about 110 good bouweries, stocked with about 2,000 cows and oxen, 20 horses, 80 sheep and several thousand swine.