charters or statutes, or in unwritten customs or usages-I remark, that my subject naturally divides itself into three parts, corresponding with the several governments—the DUTCH, the ENGLISH, and the INDEPENDENT or STATE-which have successively existed in the territory now embraced within our boundaries.

The DUTCH rule, dating its commencement in 1614, lasted, continuously, but fifty years, ten of which had passed away before the settlements were placed under a regular local government. So slow was their after growth, that in 1664, when the colony was surrendered to the English, its popu lation did not exceed 10,000 souls. The Constitutional history of NEW NETHERLAND, is, therefore, less important than that of the Province or State of NEW YORK. Still, it is, on many accounts, worthy of study, and quite essential to a correct understanding of our subject.

The territory bounding on the river discovered by Hudson in 1609, and explored by the Dutch, between that date and 1614, together with the seacoasts between the fortieth and forty-fifth degrees of north latitude, received, in the year last mentioned, from the Charter of the STATES GENERAL OF THE UNITED PROVINCES, the name of NEW NETHERLAND. The exclusive right of trading with this extensive region, was granted by the Charter, for three years, from the 1st of January, 1615, to Gerrit Jacob Witsen of Amsterdam, and other merchants associated with him, who had been concerned in the previous voyages to the island of Manhattan, and in the trading houses established there and on Hudson's river; and who were now incorporated by the name of the United New Netherland Company. The members of this company, on the expiration of their charter, applied for its renewal; but other adventurers claiming the right to share the benefits of the trade to America, and more comprehensive plans being presented to the STATES GENERAL, they delayed their final action on the matter, until 1621. They then incorporated the Dutch WEST INDIA COMPANY, and granted to it, the exclusive right of trade and navigation to and with the coast of Africa, from the Tropic of Cancer to the Cape of Good Hope, and the coast of America, from the Straits of Magellan to the extreme north, with full powers of government over the territories it should explore and colonize.

See the Charter to Witsen and his associates, of the 11th of October, 1614, in O'Callaghan's Hist. of New Netherland, vol. i. 74.

Before the incorporation of the West India Company, the settlements in New Netherland consisted only of a few trading factories, and of the small forts designed for their protection. The commandants of these forts, in addition to their military duties, exercised, also, such civic functions as were requisite. By its charter the West India Company became, and until 1664 continued to be, the immediate sovereign of New Netherland, subject, however, to the general supervision, and in matters consistent with its charter, to to the legislation and control, of the STATES GENERAL, in whom the ultimate sovereignty resided. The Company was empowered to establish and maintain, in its several colonies, such local governments and officers as it might see fit to prescribe and appoint; the Governor in chief being commissioned, and his instructions approved, by the STATES GENERAL; and he and all other officers swearing allegiance to them and to the Company.*

So soon as its home arrangements could be perfected, and its other affairs allowed, the Company gave its careful attention to NEW NETHERLAND; but its views were purely commercial. The first institutions of the colony were, therefore, framed with special reference to the convenience and pecuniary profit of its proprietors, and with little or no regard to the political condition, immediate or prospective, of the settlers. The ground work of the system was, indeed, utterly repugnant to the first principles of modern political science; for all the powers of government-the Legislative, the Executive and the Judicial-were vested in the Director General or Governor and his Council-the latter consisting of an indefinite number of persons, usually not exceeding five, appointed by the Director with the approbation of the Company.†

The union of powers such as these in a single hand or body, is now justly regarded as the very definition of tyranny. Its effects in New Netherland form no exception to the rule; but as the local government was under the watchful supervision of the West India Company and of the States General, it was commonly held in check, by the spirit of justice and moderation which has so generally characterised the people, and by the republican principles which then distinguished the institutions, of the Fatherland. MINUIT, VAN TWILLER and KIEFT, the first three Directors, being justly

* Charter of the 3rd of June, 1621, §§ 2. 3. O'Callaghan's History of New Netherland, vol. i. App. A. It was for twenty-four years, but was afterwards extended. + Moulton's Hist. of New York, vol. i. Part ii. 369. O'Callaghan's Hist. of New Netherland, vol. i. 90, 101, 142, 180.

charged with abuse of power, were consequently recalled.* STUYVESANT, the last and most upright, as well as the ablest, of the Dutch Governors, kept his place for seventeen years; but he was involved in frequent collisions with the inferior magistrates and with others, and incurred, more than once. the censure of his superiors.†

The first arrangements made by the Company for the colonization of the country, were not more favorable to the early and rapid growth of civil liberty, than the principle on which the local government was founded. In the rural districts of Holland and the other United Provinces, the peasantry yet bore the yoke of feudalism; and even in the free cities, and the communes or townships, the ancient distinctions between the nobles and wellborn and the plebians, and between the burghers and the other freemen, were tenaciously kept up and scrupulously observed. These features of the parent State were, more or less, impressed on the infant Province. In the city of New Amsterdam, such of the inhabitants, as enjoyed the right of citizenship, were divided into the great and small citizens.§ In the "colonies" or manors, planted under the "Charter of Freedoms and Exemptions," granted by the Company in 1629, the feudal relations of Patroon and Boor were fully established. This Charter, which was designed for the special encouragement of "Patroons, Masters and Individuals who shall settle, or

* O'Callaghan, vol. i. 130, 174, 384.

+ In 1650 the States General proposed to recall him, and in 1652 an order was made for this purpose; but its execution was prevented by the rupture with England. Holland Doc. vol. vi. 123. vol. ix. 207, Brodhead's Address before N. Y. Hist. Soc. in 1844, p. 34. See, in Proceedings for same year, p. 51-76, an instructive and valuable paper on New Netherland, by Rev. T. De Witt, D. D. in which he reviews the prominent measures of Stuyvesant's administration, and awards him high and not undeserved praise. The forthcoming volume of O'Callaghan will give many new and characteristic details of the worthy Governor's systems and methods of procedure, some of which will strike modern readers as sufficiently summary and despotic; though, it is believed, nothing will appear to detract from his well established reputation as an honest, firm, and in his way, paternal ruler.

Van Leeuwen's Roman Dutch Law, Book i. ch. 9. Van Der Linden's Institutes of the Laws of Holland, Book i. ch. 2, § 4.

§ In the class of great citizens, as defined by the ordinance of Feb. 2d, 1657, which appears to have been regarded as a very liberal concession to the commonalty, were the members of the Supreme and City Governments, ministers of the Gospel, and officers of the militia, with their male descendants; in the latter, all residents of a year and six weeks who kept fire and lights, all persons born in the city, store keepers, tradesmen, &c. But by this ordinance any person might obtain the privilege of the great citizenship, on application to the Burgomasters and Schepens, by paying for it fifty guilders or their equivalent. Kent's ed. of City Charters, pp. 243–246.

plant colonies in New Netherland," provided, that every person who should plant a "colonie" or manor of fifty souls, should be acknowledged as a Patroon. It gave to each Patroon the absolute title, in perpetuity, of the lands within the limits of his manor, which might extend four Dutch (equal to sixteen English) miles along the shore, on one side, or half that distance, on each side, of a river, and so far into the country as the situation of the different occupiers might permit. The Patroons were invested with the power of holding courts of justice, and with certain other Baronial immunities and rights; and, on founding a city, they were authorized to establish officers for its government.

Besides having no title to the soil, the tenants were not to leave their "colonie" except when authorized by consent in writing; and the Company engaged to apprehend and deliver to the Patroons, those who should violate this rule. After the expiration of the period for which they had bound themselves, the Patroon might send to Holland any tenant who would not continue in his service.* In addition to the burdens specified in the Charter, the tenants, by virtue of the law of Holland applicable to the relations between them and their Patroons, were subject to various other exactions common to the system. They were obliged to offer to the Patroon or his commissary, their surplus grain and cattle before they could lawfully sell them to any other person; to grind their corn at the Patroon's mill; and to obtain his license before they could be allowed to fish or hunt within the limits of the manor. The Patroon, on the exchange or sale of land within his jurisdiction, was entitled to the right of pre-emption, and, if he declined to resume it, to a certain portion of the purchase money; and in cases of intestacy, he succeeded to the estate and property of the decedent.†

That the burghers of Amsterdam and of other commercial towns, enjoying as they did, and valuing too, the privileges of freemen, should have been willing to plant, in the virgin soil of America, the seeds of the ancient feudalism, is but another illustration of the selfishness so common to

See the Charter in Moulton's Hist. of New York, Part ii. p. 389. Dunlap's Hist. of N. Y. vol. ii, App. H. Coll. of N. Y. Hist. Soc. (2d series) vol. i. p. 369. O'Callaghan's Hist. of New Netherland, vol. i. p. 112. The English versions having been made by different hands, some verbal but unimportant differences exist in the copies now referred to. For the amendatory Charter of 1640, see O'Callaghan, vol. i. p. 219.

+ O'Callaghan, i. 325, 326 and App. i. Van Leeuwen's Roman Dutch Law, Book ii. chs. 14, 15, 16, 17.

our race. In the pursuit of present gain to ourselves, we too often become careless of the interests of others; and we commonly forget the claims of posterity. History is full of such instances, and of the pernicious effects which are sure to flow from them. In the case before us, its usual lessons are not wanting.

Killian Van Rensselaer, a pearl merchant of Amsterdam, and one of the directors of the West India Company, having purchased from the natives, through his agents in the colony, the lands on both sides of the North river, in the immediate neighborhood of Fort Orange, (now Albany,) founded, in 1630, the Colonie of Rensselaerwyck. As finally confirmed to him it embraced a tract of country extending twenty-four miles in length from north to south, and twentyeight in width from east to west, (the city of Albany being, however, excepted from its jurisdiction,) and now composing the counties of Albany and Rensselaer. This was the only manor, of any great extent, founded under the Charter of 1629, within that part of New Netherland which now forms the State of New York. Others were afterwards established on the New Jersey side of the Hudson, on the Delaware, and on Staten Island.*

The system of patroonships was soon found, rather to hinder than to hasten the settlement of the province. Misunderstandings arose between the Patroons and the Directors, which, for a long time, disturbed the quiet, and retarded the progress of New Netherland, and gave much annoyance to the Company and the States General.† They were tem

* The following persons, (also Directors of the West India Company) established, or attempted to establish, in 1630," colonies" in New Netherland: Samuel Godyn and Samuel Blommaert, the colonie of Zwaenndal, at Cape Henlopen and Cape May, on both sides of the South [Delaware] river bay; and Michael Pauw, the colonie of Pavonia in New Jersey, on the North river, opposite to New Amsterdam. At a later day, Myndert Myndertsen planted a colonie on Newark bay in New Jersey; and Cornelius Melyn obtained a grant of Staten Island for the like purpose. O'Callaghan, i. 238. Adrian Van der Donck also established the colonie of Colon Donck, on the east bank of Hudson's river, at Spuytenduyval creek. Id. 382. Van Rensselaer, Melyn, and Van der Donck, were the only Patroons in what is now the State of New York.

By agreement between Van Rensselaer, Godyn, and Blommaert, a copartnership in the colonie of Rensselaerwyck, was formed between them and some other associates. The common stock of the association was divided into five shares, of which Van Rensselaer held two. By the terms of the agreement he had the exclusive control of the colonie, and was acknowledged as Patroon paramount, by the other partners. O'Callaghan, i. 121, 125, 127.

Some of the original partners of Van Rensselaer, or their heirs, continued to be interested in the colonie of Rensselaerwyck until 1685, when their interests were extinguished, and the whole title vested in the Van Rensselaer family. O'Callaghan, i. 127, note.

+ O'Callaghan, i. 129, 137, 147, 158, 160, 178, 197.