Copy of the List of Blacks which your Honors demanded of me, saying that you intend to attach the Negroes aforesaid in the hands of their masters, so that the said Negroes may not be alienated nor sold out of this country until further order, as stated. A. Francisco, who belonged to me, and is now in the possession of Thomas Hall,....... R. Antonio, who belonged to a Biscayan, and is now with the man who sells straw Diego, or Jacob, was mine, and is now in the possession of Neeffies,. Gr or John, was mine, and is now with Verbets,..... Head. 1 1 1 1 1 Barbara was the pilot's, and is now in the possession of Jan Martens,. 1 1 .... 2 Fernando was mine, and is now with Veesteman or Beeckman,. 1 Balthazar, who belonged to the pilot, is now the General's,.. 1 Maria was the pilot's, and is now Augustine's or Verlet's,.. 1 Juliana and Maria and the children were mine, and are now with Jacob, the 5 Catelina and 2 children, in the possession of Potter's son or daughter,. . . 3 1 1 2 3 1 1 1 John and Francisco were the pilot's, and are now Jaboce's, in the Bay,. F. Maria, Jan and Lius were our clerk's, and now Jacob Hay's,.... Manuel, ad idem, is now at Fort Orange,. Lucia and her husband, called Joseph, now in the possession of the Company, and Paulo and Diego, or Jacob, are also sent to Curaçao, in the Company's service,.. Collated and translated from the Spanish papers into the Dutch language, as well as I could make them correspond, and my knowledge could compass, some errors being found, which is possible. Please excuse me; I have already forgotten much of said language, and it is 20 years or more since I have been in Spain. This only, and the mark your Honors will be able to infer and extract from it; on request, after many earnest persuasions and entreaties, have I accommodated him, Juan Gallardo ferara, in this instance, inasmuch as I was under obligations to him. The Director-General and Council still adhere to their postil, verbal and written answer, dated the 6th September, granted to the Petitioner on exhibiting their High Mightinesses' letters, to wit: That the said negroes were brought here by one Geurt Thysen, under a lawful and proper commission from Chevalier du Poincy, Lieutenant-General of the King of France, in the Islands of America, and Hereditary Governor of St. Christophers, and in virtue of said commission sold here to divers inhabitants of this Province, who also paid cash therefor, and the Director-General and Council cannot consent to take back from the purchasers the negroes that have been bought and paid for, dear enough, and to restore them to the Petitioner, unless either the Petitioner or the seller make restitution of the payment to the purchasers and present proprietors. Whether Geurt Thysen and Jan van Campen be one and the same person, is unknown to the Director-General and Council, and is immaterial. The exhibited commission, signed by Mons' du Poincy, was, in express words, granted to Geurt Thysen. What number of negroes were brought and sold here by said Geurt Thysen, who has been here only once; also what cash, wrought or unwrought silver and other merchandise were previously or afterwards taken under said commission by Geurt Thysen aforesaid, is also unknown to the Director-General and Council. If the Petitioner thinks he has any further pretension or right to the sold and paid for negroes in the list rendered, or to any other specified goods and moneys, whereunto he demands our provisional attachment, he can proceed therein according to law, as his good judgment may determine. Further, if the Petitioner, according to the tenor of this, his written remonstrance, can exhibit any evidence or proof that Jan van Campen, Geurt Thysen or Peter, their Lieutenant, are within this government, or can be reached by the Director-General and Council, so as to be sent over, pede ligato, pursuant to the order of their High Mightinesses aforesaid, he can give notice thereof at the Secretary's office or to the Court, and he can likewise bring to the Secretary's office the matross or seaman mentioned in this, his remonstrance, to be examined and heard there before Commissioners, to the end that pertinent report may be made to their High Mightinesses in the premises. Thus done, at the Assembly of the Honble Director-General and Council of New Netherland, holden in Fort Amsterdam, in New Netherland, 31st August, A° 1656. Was paraphed P. STUYVESANT. Under stood: By order of the Honble Director-General and Council of New Netherland. (Signed), Appendix 6: Received 26th April, 1658. Don Estevan de Gamarra y Contrevas to the States-General. [Omitted, being duplicate of Document, supra, p. 1. ] Appendix 7: Received 26th August, 1658. Extract from the Register of Resolutions of the Honble Director-General and Council of New Netherland, adopted in their Honble Assembly, on Friday, 24th August, A° 1657. In answer to the Exhibit of the Ambassador of his Spanish Majesty, presented to their High Mightinesses, the States-General, dated 3a January, 1657, we say that Jan Gaillardo ferera, the Spanish pilot, hath furnished his Excellency, the Ambassador, with very erroneous information, to wit, that the Director-General and Council of New Netherland had acted towards him from passion in refusing proper justice, or the examination of witnesses whom the aforesaid Gaillardo was willing to offer. The witnesses brought by him to the Secretary's office made their depositions there, copy whereof was furnished him. No more witnesses then appeared, certainly not before the Secretary of the Director-General and Council, who, ex-officio, does not refuse to receive and record any person's testimony. As for the contents of the Ambassador's Exhibit or Memorial, as well that dated 3d January, 1657, as the previous one dated 11th December, 1655, presented to their High Mightinesses, implying that Captain Bastiaen Raaff, alias Martyn Bastiaensen, and his Lieutenant, Jan van Campen, otherwise called Geurt Tysen, have taken a certain Spanish ship with some negroes and other property belonging to the aforesaid Jan Gaillardo, a Spanish pilot, and other subjects of his Majesty of Spain, which plundered ship and negroes were brought and sold here in New Netherland. It has been already stated, and is once more repeated, that about the month of August, in the year 1652, a French privateer, named Geurt Tysen, and his Lieutenant, Peter Jacobsen, came here with a commission from Chevalier du Poincy, Governor of St. Christophers and Lieutenant-General of the King of France for the islands in America, divers persons, both English and Dutch, purchased negroes from said Geurt Tysen, or bartered provisions and labor with him therefor; of these negroes some have died, others have been re-sold or sent away by the first and second purchasers; those remaining were last year, and are again, claimed by the aforesaid Jan Gaillardo as his, with a demand of restitution. To this effect, he brought with him last year and is again the bearer of letters both from their High Mightinesses and from the Right Worshipful, the Regents of the city of Amsterdam and the Directors of the Incorporated West India Company, containing an order to send the aforesaid Geurt Tysen, pede ligato, to Fatherland, and to allow the above named Jan Gaillardo to receive prompt, quick and full justice. The first could not be done, inasmuch as Geurt Tysen was not here in three or four years since he departed hence, and it is impossible for the Director-General and Council to look him up in the West Indies or elsewhere. Had he come here since, their High Mightinesses' orders would have been punctually obeyed. As for the second, the aforesaid Jan Gaillardo was advised and notified in writing, that the negroes claimed and demanded by him were sold, traded and paid for here, and changed hands repeatedly over and over again; therefore, in the judgment of the Director-General and Council, the actual owners in possession cannot be deprived of them unless they receive due contentment and restitution at least of the moneys or goods they have disbursed for them. Meanwhile, he was notified and allowed, as he is again advised and allowed, if he consider that he have any further action either against Captain Geurt Tysen, the absent bringer of the aforesaid negroes, or against the owners in possession, to institute it when and where he thinks proper. And in order to prevent the aforesaid Gaillardo's sinister accusation, and to avoid any further blame, the Director-General and Council hereby appoint and qualify Councillor Peter Tonneman,' the two ruling Burgomasters and the presiding Schepen of this city, to be judges between the aforesaid Jan Gaillardo and whomsoever he shall summon before the said Commissioners, and with them, Secretary van Ruyven to act as their Secretary in the matters aforesaid, and to have a casting vote in case opinions happen to be equal. Thus done at the meeting of the Honble Director-General and Council, holden in Fort Amsterdam, in New Netherland, the 24th of August, Ao 1657. Agrees with the aforesaid resolution. C. V. RUYVEN, Secr'. Appendix 8: Received 26th August, 1658. Copy of the Answer and Reply of Juan Gallardo ferera, a Spaniard, burgher and inhabitant of Lucar de Berrameda, translated into our Dutch language from the Spanish, so far as the same can be rightly understood and comprehended. I, Juan Gallardo ferrara, burgher of St. Lucar de Berrameda, do say that I have submitted my right and my just cause in law to your Honors in the Memorial annexed hereunto, as I had already exhibited it to you last year, Ao 1656, which I again present to your Honors; and to your Honors' assertion and answer that it is not true that I brought the two sailors, who were then ready and prepared to have their testimony of the truth taken down by the Secretary (I say), that it is, nevertheless, true that I did bring them before the Secretary, to be examined and heard under oath, which aforesaid Secretary then said, and gave for answer from your Honor, meaning thereby the Honble Director-General, that he was forbidden to examine or to hear the persons aforesaid; wherefore I communicate and exhibit herewith to your Honors their declarations and evidence in French. Your Honors say and answer that I must seek the negroes in question from their masters or owners, or wherever else I please. I have not to seek them from them nor from any person other than your Honor, who is Governor of this Province and place, and the Council who have declared said negroes herein demanded, to be good prize; it is notorious that they were brought here, and that the Captain was a Dutchman and the prize Spanish, which was to be seen by the negroes, and was sufficiently stated and declared by them. I therefore most humbly request that the above named negroes may be delivered to me, or in default thereof, their value; for, as stated, I have a right thereto; or else to direct me to the gentlemen of the Honble Company, who are Lords and masters of this country, who have some of these self same negroes. This is what your Honors have been requested and required to do by the Lords States-General and Mess's the Burgomasters of Amsterdam, who have sent me hither with their letters and recommendations to that effect, in order to recover those negroes, so that my many voyages, troubles and expenses, in consequence of traveling hither 1 PETER TONNEMAN succeeded David Provoost as sheriff of the Dutch towns on Long Island in 1656, and is found, in January, 1657, a member of the Supreme Council of New Netherland. On the 5th August, 1660, he was sworn sheriff of the city of New Amsterdam. He was the first person to fill that office, and continued in it until the reduction of the country in 1664. He took the oath to the English in October of that year, and in December following sailed for Holland in the ship Unity. O'Callaghan's History of New Netherland, II., 271, 371, 372; New-York Colonial Documents, III., 76; New-York General Entries, I., 75. — ED. and thither, whereby I have lost considerably, have contributed to the great injury even of my health. Therefore, the aforesaid expenses, etc., rightfully belong to me, for I have had him or his Lieutenant, Geurt Tyssen, a long time a prisoner at Amsterdam. I further again request copy of my Memorial and papers, and of your Honors' answer to the Lords States-General in behalf of the right and justice which I have herein. Dated at Manhatan, the 29th day of the month of August, Anno 1657. On one side was: (Signed), JUAN GALLAardo ferrara. I acknowledge that these were read to me and found to agree, word for word, being translated from the Spanish into the Dutch language. Done at the meeting of the Commissioners of the Director-General and Council in the city hall, in New Netherland, the 12th day of September, 1657. (Signed), PIETER TONNEMAN, After collating this with the translation from the Spanish, it is found to agree Appendix 9: Received 26th April, 1658. Extract from the Register of the Resolutions of the Honble Director-General and Rescript of the Director-General and Council on the Reply or Answer of Jan Gaillardo Whereas, Jan de ferrare, a native of St. Lucar de Barrameda, hath, in his writing of the 29th August, 1657, declared the Director-General and Council his party in the suit, and demanded satisfaction from them for some negroes brought hither under a French commission in the year 1652, by one Captain Geurt Tysen, and sold to divers persons, in which writing of his, exhibited to the deputed Commissioners, Councillor Pieter Tonneman and Mess" the Burgomasters and presiding Schepen of this city, he did not hesitate to accuse the DirectorGeneral and Council aforesaid of non-justice, and charge them with divers falsehoods, to the grave censure of themselves and their office; wherefore, they are under the necessity, in the first place, to vindicate themselves, and, in the second place, to demand some justice and reparation, as the above mentioned Commissioners shall, in equity, according to their knowledge, decide. In the first place, the Director-General and Council say, that the information given by the aforesaid Jan de ferrare to his Excellency, the Spanish Ambassador, namely, that the DirectorGeneral and Council conducted themselves with passion in denying justice or in not examining and hearing of witnesses, whom he could produce in support of his cause, is false and untrue, or what he, ferrare, more erroneously and falsely alleges in his answer and reply of the 29th August, that the Secretary was forbidden by the Director-General to hear his witnesses. This, his falsehood and wicked and sinister accusations, will be more palpable, if Mess the Commissioners will please to take the trouble to hear and examine |