APPENDIX. A. Instructions of the Commissioners at the Assembly of the XIX. of the General Privileged West India Company, to the Director and Council of New Netherland, in conformity to which they shall have to regulate themselves provisionally and until further order. [Holland Documents, Vol. III.] THE Supreme Council in the countries of New Netherland shall consist of three persons, namely: the Director as President, his Vice and the Fiscal, by whom all occurring affairs relating to the police, justice, militia, the dignity and just rights of the Company shall be administered and decided, each remaining bound, nevertheless, to vindicate his commission. With this understanding, however, that in all cases in which the Advocate-fiscal shall be obliged to proceed as conservator of the rights of the Supreme Authority, or of the Company, be the same civil or criminal, the Military Commandant shall sit in his stead, and if the charge be criminal, two capable persons shall moreover be adjoined from the commonalty of that district where the crime or act was perpetrated. As regards the promotion of the settlement of the boundaries between the people of the New Netherland and the English, it is not considered necessary to proceed therewith at present; but the Director and Council are instructed to take care that the English do not encroach further on the Company's lands; in the mean time they shall try if a boundary can be determined on, yonder, with the aforesaid English, and the inclination thereunto being apparent, they are instructed to send forthwith advice thereof hither, with pertinent information after due enquiry how much of the Company's lands the English possess: All, however, with the understanding that the aforesaid English, who are found at present in the Company's district, and have settled there, or shall come and settle therein, shall be subject to the Company's government there, and to that end shall take the oath of fidelity to their High Mightinesses the Lords States General and the West India Company, after which they shall not be regarded otherwise than as original subjects. In order to re-establish peace and quietness once more in the land, they shall endeavor, by all possible means, to pacify and give satisfaction to the Indians; and the Director and Council therein are charged to advance, on the one side, the interests of the Company, and on the other to maintain good correspondence with their neighbors, and especially with the Indians. They shall do all in their power to induce the colonists to establish themselves, on some of the most suitable places, with a certain number of inhabitants, in the manner of towns, villages and hamlets, as the English are in the habit of doing, whereby they will dwell in greater security, according to the intentions of the Company in the granting of the already printed Freedoms, and the amplifications thereof. The aforesaid Director and Council shall use dispatch in the repairs of Fort Amsterdam, for which purpose it is considered best, and least expensive to the Company, to build the same of good clay, earth, and firm sods, and to encourage the soldiers to that work by some presents, and bind the same to keep it in continual repair; and whereas it is of the highest importance to the colonists to possess a good and safe retreat in case of necessity, (which God prevent!) these should be induced to aid in the work for this once; and the Director is commanded to attend closely for the future to the ordinary repairs thereof. The persons hereinafter specified shall be maintained to garrison the fort, on such allowances as shall be found most advantageous for the Company, and for greater security, the colonists and their domestics shall be holden, under certain penalties, to provide themselves with good muskets, and other weapons for their own defence, so as to be able, in time of necessity, with the garrison, to resist a general attack, without the Director, colonists, or whosoever it may be, having the power to take into the pay of the Company any soldiers, be they few or many. Further, inasmuch as the respective colonists have been allowed, by the Freedoms, to delegate one or two persons to give information to the Director and Council concerning the state and condition of their colonies, the same is hereby confirmed. The Director and Council shall, first of all, establish the colonists and freemen on the Island of Manhattans, and grant to them as much land as they shall be able to cultivate, either as tobacco plantations, or with grain and all other crops to which the soil is adapted, and from which they shall expect to derive the greatest profit. And for the encouragement of the cultivation of the land there, it would not be found unwise to permit, at the request of the Patroons, colonists, and other farmers, the introduction there of as many negroes as they are willing to purchase at a fair price; and the Director and Council shall notify the Assembly hereof every year, when further order shall be here taken regarding the transport of negroes thither. And although it is proposed, for the further encouragement of population, to reserve the trade with the Indians exclusively to the Patroons, colonists and free cultivators resident there, without permitting any private traders to carry on any commerce with the said Indians, it is nevertheless resolved as far as regards these, to adhere to the existing practice, but the Director and Council shall take information thereupon to serve as advice to the Assembly. The aforesaid Director and Council shall pay strict regard that no arms nor munitions of war shall be sold by the freemen to the Indians, nor by the private traders to the freemen or Indians upon certain penalties to be enacted therefor; but the freemen who shall have to do so, may bring the same from the Company's magazine on the order of the Director and Council. And whereas the Company hath now resolved to open to private persons the trade which it has exclusively carried on with New Netherland, and to empower the respective Chambers of the Company to give permission to all private inhabitants of these countries to sail with their own ships to New Netherland, the Virginias, the Swedish, English and French colonies, or any other places situate thereabout, according to the drafted regulation, they shall carefully observe, or cause to be observed that the contents thereof shall be attended to, as much as is in their power, acting against the contraveners in conformity to the first article of the octroy, and the tenor of the reglement already made, or to be hereafter enacted, and as regarding the receipts of the duties, tolls, and other rights already imposed or to be hereafter imposed, as well on the exported as on the imported goods, for so much thereof as shall have to be paid in that, and not in this country. All which points and articles the Director and Council shall be holden to observe and to follow, as much as possible, regulating themselves further according to the in structions heretofore given for the direction of those countries, so far as the same are not by these presents already altered, or may not hereafter be changed, which power the Assembly reserves to itself. THUS done and resolved in the Assembly of the XIX, of the General Privileged West India Company in Amsterdam in the year 1645, the seventh of July. B. Vice Director Dinclage's Commission. [Holland Documents, VI. ] The Committee of the General Privileged West India Company in the United Netherlands. Whereas We, for the direction and management of the affairs of New Netherland, have considered it proper and necessary, there to establish a court consisting of a Director, a Vice Director, and a Fiscaal, and therefore not only the office of Director, but also that of Vice, with a fit and capable person to furnish:-THEREFore, We, reposing confidence in the good report made to us of Dr. LUBBERtus van Dinclage, of his fitness, experience and capacity, have acknowledged, appointed. and deputed, and hereby acknowledge, appoint, and depute the said Lubbertus van Dinclage as second to, and first councillor of, the Director in New Netherland, in such quality to proceed to and reside at Fort Amsterdam, the said Director to respect as his chief, with him over all occurring questions of war, police and trade to deliberate, and to fill his place in the absence of the said Director; to attend to the preservation and increase of contracts, all alliances, friendship and commerce; to assist in the administration of law and justice as well criminal as civil; all disorders, abuses, and irregularities, which have already crept in, or may hereafter arise, to redress and remove, and further to perform all that a good and faithful Vice Director is bound to do, according to the Instructions already given or yet to be given. They desire, order and command, therefore, the aforesaid Director and all Captains, Commissaries, and Skippers, and whomsoever this may in any way concern, that they do, therefore, respect and uphold the aforesaid Lubbertus Dinclage, and in the fulfilment of these to afford him all help, support and assistance, each so far as to him appertains; on pain of the contraveners or disobedient incurring our indignation, as we have found such to be fitting to the service of the Company. Given in our Assembly of the XIX. in Amsterdam, this 5th May, 1645; was paraphured HENRICUS VAN DER CAPELLE tho Rysselvt. Commission of H. van Dyck, Schout-fiscaal of New Netherland. [Holland Documents, VI.] The Directors of the Privileged West India Company at the Chamber of Amsterdam; To all those who shall see or hear these presents read-Health. BE IT KNOWN, Whereas We, for the maintenance of all good order, regularity and discipline among the people in New Netherland, and the places situate thereabout, under the command of our beloved, faithful Director there residing, have found it necessary at the said place, to appoint a good Fiscaal, to make complaints against all delinquents and transgressors of the military laws, and all other our Instructions and commands, the same to arraign and cause to be punished; and therefor has been proposed to us the person of HENDRICK VAN DYCK, Therefore we confiding fully in his fitness and diligence for the performance of said office, have deputed, authorized, and appointed, and hereby depute, authorize, and appoint the said Hendrick van Dyck as Fiscaal over the aforesaid countries of New Netherland, and the places situate thereabout; giving him full power, charge and authority the said office to fill and attend both by land and water; to take cognizance and information on all forfeits, |