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IV.

CHAPTER III.

Melyn and Kuyter arrive in Holland-Appeal from the sentence pronounced by Stuyvesant-Lay a statement of the affairs of New Netherland before the States General-Writ of appeal granted-Stuyvesant's judgment virtually quashed-Appellants permitted to return to New Netherland-Obtain letters of safety from their High Mightinesses and the Prince of Orange-Stuyvesant rebuked by the Amsterdam Chamber-The Nine Men present a remonstrance to the Director-general-An order issued confining the privilege of trade to resident settlers-A free market established in New Amsterdam-Trade of the North and South Rivers regulated-The East River declared free to all nations-Port regulations-Effect of Stuyvesant's proclamations-The placards prohibiting sales of arms and ammunition to the Indians enforced-Informations against several traders-Proceedings against Schermerhoorn and others-Stuyvesant contracts for guns for the Indians-Discontent against the tariff and revenue laws-Other causes of dissatisfaction-The Nine Men propose a delegation to Holland-Stuyvesant insists that their representation be sent through him-Differences in consequence-The English settlers withdraw their co-operation-The project of a mission postponed-Stuyvesant writes to the Company on the subject.

BOOK THE Vessel in which the Patroon of Staten Island and Captain Kuyter were sent to Holland, having safely 1648. arrived, these parties immediately called the attention of the States General to the oppressive course which the authorities in New Netherland had pursued towards them. The losses which they already suffered, by the rash policy of Kieft, amounted to twenty-five thousand guilders, and they were not prepared to lie down in silence under the wrong. Propped by Attorney-general Van Dyck, they laid before their High Mightinesses a detail of the affairs of the country, from the year 1643 to the date of their banishment, and backed their representations with vouchers to a voluminous and formidable amount. These documents having been referred to the committee on the affairs of the West India Company, a report, summarily reviewing the whole case, followed. The result was, the judgment of the Director-general and Council was virtually quashed, and Stuyvesant's conduct indirectly censured; for their April28. High Mightinesses granted, in accordance with the recom

III.

mendations of that report, a writ of appeal to the memo- CHAP. rialists, with a clause interdicting all further proceedings on the sentence pronounced against them by the authori- 1648. ties at Fort Amsterdam. The appellants were further permitted to reside in New Netherland unmolested, pending the case, and to enjoy, in that country, the same rights and privileges as other colonists. As if all this were not enough to render Stuyvesant's cup sufficiently bitter, the Directors in Holland gravely rebuked him for having intermeddled with other people's business, and he was cited to appear at the Hague, either in person or by attorney, to support the sentence which he and his Council had passed.'

The newly elected Nine Men, in no wise disposed to allow their recently acquired privileges to lie dormant, took an early opportunity to address a remonstrance to Feb. 18. the Director and Council, in which they called the attention of the Executive to the injuries sustained by the commerce of the country, principally through persons not at all interested in its welfare, who, they represented, cared nothing for its prosperity; who contributed nothing to its wealth in the way of buildings, but who rented a room or a store, for a short term, in order to carry on trade with the Indians for furs, which they procured at a price beyond their value, and exported at night without paying any duties. This representation was accompanied by divers recommendations for the correction of what was thought to be an evil. It led to the introduction of a law confining the March privileges of trade in New Amsterdam, or the interior, to permanent residents; for it was ordered that henceforward no person should keep a shop, or carry on any retail business, except such as "have already taken the oath of allegiance" were rated, at least, at from two to three thousand guilders, and had entered into an engagement to remain in the country four successive years, or "to keep fire and light" at their own expense. This regulation was not, however, to extend to "old residents," who were

1 Hol. Doc. iii., 128, 129, 233, 360, 361, 365, 373; Alb. Rec. iv., 95, 96, 104, 215.

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BOOK to be allowed the privileges of trade, though not rated as above, provided they bound themselves to remain in the 1648. province the required time; not to quit the same without permission from the Director and Council, nor to use any weights or measures except those of "old Amsterdam, to which we owe our name." For the encouragement of trade, consistent with these regulations, strangers were to be allowed to dispose of their goods from their vessels, either by wholesale or retail, provided their merchandise had been previously entered, and the duty paid on what was sold. Each Monday in the week was declared to be a market day," as well for strangers as residents," and a free market was established to continue ten days, beginning the first Monday after the feast of St. Bartholomew, during which time all, indiscriminately, were privileged to sell their goods from their tents. From the trade of the North and South Rivers, and the adjoining bays and creeks, all were, however, to be excluded, save the citizens and inhabitants of New Amsterdam, Rensselaerswyck, and the other colonies, who were rated as already determined, and who had previously obtained the Director's pass, and were provided on their return with the commissary's certificate of the place from which they might sail, stating the quantity and description of their return cargo. It was reserved, at the same time, to the Executive to allow such as had taken the oath of fidelity to the government, though they might not possess the required amount of property, the privilege to visit these rivers, provided they gave security that they should reside within Dutch jurisdiction during the prescribed period. The East River was excepted from the above regulation. It was declared to be "free and open to every one, no matter to what nation he might belong." But Dutch traders were to provide proper clearances before proceeding to any of these places, and comply with the other provisions of the revenue laws. As an encouragement to the citizens generally to erect a better class of buildings, clapboards, lime and stone were placed, together with firewood, on the free list. The port regulations next claimed the attention of the Executive. All

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arriving vessels, under fifty tons, were ordered to anchor CHAP. between the corner of the Hook and the hand or guideboard, near the City Tavern; all larger vessels, between 1648. the aforesaid "Hoeck" and the second guide-board, which was placed on the declivity of the Smith's Valley;' and no boats, yawls or canoes were to leave any ship after sunset, nor before sunrise, nor land nor unload any freight between those hours, except by special permission. Sundry stringent penalties were attached to the infraction of these ordinances, to which we refer principally as instances of the mistaken jealousy which regulated and cramped, in its infancy, the rising and struggling trade of this young country. But even this did not satisfy the zeal for reform into which Director Stuyvesant, on assuming his new government, so heartily plunged. Irregular trading had encouraged habits of dissipation, the consequences of which were, that "many trades were neglected, the Company's servants debauched; and what was worse, the youth became accustomed, from their infancy, to evil example on the part of their parents, to tread in their footsteps, and were led, by the force of imitation, astray from the paths of virtue, and familiarized with every species of vice; smuggling and the clandestine sale of spirituous liquors to the Indians were encouraged, and decent taverns ruined by such a host of groggeries and skulking holes of iniquity." To correct these abuses, orders were issued that no new taverns should be established except by the unanimous consent of the Director and Council, but such as were in existence were to continue for a further period of four years, on condition that the proprietors pledge themselves to procure, according to their means, decent houses "to adorn the city of New Amsterdam."

The flood of proclamations-especially for the regulation of trade-with which the country was now inundated, had the effect, not of correcting abuses, but rather of confusing the minds of all those interested in commerce, who could not

1 The City Tavern was situated at the head of what is now Coenties Slip, New York. Smith's Valley was a marsh extending from the East River, about on the present line of South William street.

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BOOK move a step without exposing themselves to fines, imprisonment and the loss of property. Under the administration 1648. of Director Kieft, trade with the natives had been, in a manner, free and unshackled. Though the sale of powder and guns to the Indians had been strictly forbidden, the state of the country was such that the law was not only a dead letter, but even the authorities had been forced, in some instances, to conciliate the tribes by presents of arms. Few or no instances had occurred of the punishment of any individuals who had infringed the law, and thus this profitable, though contraband trade was carried on with but little, if any concealment.

Whether Stuyvesant, on entering on his new position, had a due comprehension of the state of things which had grown up under the many years of this connivance and absolute freedom of intercourse with the natives, is not very clear. The English and Swedes had, more than once, called his attention to the evils which could not fail to result from the practice of supplying the Indians with arms and ammunition; and feeling himself, "not without some appearance of truth," exposed to suspicion, he might have considered it his duty to correct the abuse. Be this as it may, he resolved at once to break up this illicit trade, without stopping to calculate the extent of opposition he might call forth in interfering with the interests of those May 28, concerned in the traffic. The Company's armorer was unexpectedly arrested on a charge of having sold guns to private traders. Alarmed at his position, he became an informer, and accused Joost Teunisz de Bakker and Jacob Reyntsen with having repeatedly bribed him to sell them such articles. These citizens were immediately arrested; the goods belonging to the latter were removed to the Company's store, and his letters and papers seized. On the evidence thus obtained, orders were dispatched to Fort Orange to arrest Jacob Jansen Schermerhorn' and his

1 Jacob Jansen Schermerhorn was a native of Waterland, and lived forty years in the colony subsequent to this date; he died at Schenectady in 1688, leaving by his wife Jannitje the following children: Ryer, Symon, Helena, (wife of Myndert Harmense,) Jacob, Machtel, (wife of Johannes Beekman,) Cornelis,

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