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Dutch colonial council minutes, 9 July 1648

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Petrus Stuyvesant, director general of New Netherland, Curaçao, Bonaire, Aruba and the dependencies thereof, and the honorable council, residing in New Netherland, having seen the letters of Jacob Reynsen and Jacob Jansz Schermerhoorn, written and signed with their own hands, as also their confessions made in council on the 8th of July, without torture, whereby it clearly appears that during their sojourn here in New Netherland, since March 1647, they have ventured to trade and traffic in guns, powder and lead and have sold the same in quantities to the Indians, to wit: Jacob Reynsen, residing here at the Manhatans, has continually bought up said contraband merchandise wherever he could get it and then sent it by vessels to his associate and partner, Jacob Schermerhoorn, at Fort Orange, where Schermerhoorn lived and by whom, Schermerhoorn, the contraband goods were sold to the Indians, all of which more clearly appears by the letters, both of Jacob Reynsen and Schermerhoorn; which trade in powder, lead and guns with the Indians was forbidden by the late Director Willem Kieft and the council by ordinance of the 23d of February, 1645, on pain of punishment by death and forfeiture of all his goods, if any one were found to have carried on that trade with the Indians. Furthermore, the said Jacob Reynsen has dared to solicit by trade with Barent Ennesz van Noorden, the Company's smith, guns, locks and barrels, belonging to the honorable Company, and thus, carrying off the honorable Company's arms, has sent them to Fort Orange to his said partner, who sold them to the Indians, as more fully appears in the letter written by Jacob Reynsen and found in his house, wherein he says: "Partner, the Company's smith has Informed against me. Hide the guns, or otherwise there might be trouble." For this offense Jacob Reynsz was imprisoned, which imprisonment he violated by breaking jail and making his escape. Therefore, according to said ordinance, both offenders would deserve to be put to death. However, considering the petition and recommendation of several honest persons and inhabitants of this place and the former good behavior of the offenders, it is out of special favor and mercy resolved and concluded to moderate the sentence as much as it is possible and justifiable, but yet to punish them as an example to others. Therefore, the aforesaid director general and council, administering justice in the name of their High Mightinesses, the Lords States General of the United Netherlands, his Highness of Orange and the honorable directors of the Chartered West India Company, do condemn, as they hereby condemn, the above named Jacob Reynsen and Jacob Schermerhoorn to depart from here by the first ship and, furthermore, to remain banished from this province for five consecutive years. The director and council likewise declare all their goods, both peltries and others, here in New Netherland liable to confiscation, as they do hereby confiscate the same for the benefit of the honorable Company and those whom it concerns, and furthermore, they are to pay the costs of the suit as an example to other violators of the public ordinances. However, it is to be noted that this course shall not be followed or held as a precedent in case any others, after publication hereof, shall be found to have transgressed the said ordinance, but these violators shall be punished without any regard or respect of persons, according to the tenor of said ordinance.

Thus done in court in Fort Amsterdam, in New Netherland, the 9th of July 1648.

The honorable director general and council of New Netherland having seen the voluntary confession made and acknowledged without torture on the 28th and 29th of May and on the 8th of July by Barent Enessen van Noorden, smith and corporal of the Company} at present a prisoner, by which it appears that he, the prisoner, forgetting his honor and oath, has allowed himself to sell the honorable Company's guns, locks and barrels, handed and entrusted to him to be cleaned and repaired, to one Jacob Reyntjes and Joost Teunisz Backer, by which means the honorable Company's arms are alienated and rendered useless to them, which not only tends to the great damage and injury of the honorable Company, but also apparently to the final selling to the Indians of said arms, which have been thus sold and alienated, whence it follows that the Christians are weakened and the barbarians strengthened in arms, which is a matter of every great consequence and importance, that ought not to be tolerated or suffered in a country where it is customary to maintain justice. Therefore, we, Petrus Stuyvesant, director general of New Netherland, Curaçao, etc., and the council, wishing to administer justice, as we hereby do, in the name of their High Mightinesses, the Lords States General of the United Netherlands, his Highness of Orange, and the honorable directors of the Chartered West India Company, although the offender richly deserves corporal punishment, yet, considering that this is his first offense and crime and that he was induced to commit said offense by said persons, have therefore, out of special mercy modified the punishment and have condemned, as we do hereby condemn, the offender to remain one whole year confined in the smith's shop of the honorable Company, there to work during the year in compensation and in indemnification for the Company's arms sold and alienated by him, as an example to others. Thus done and resolved in council and published the 9th of July 1648, in Fort Amsterdam, in New Netherland. Present: the honorable director general, L. van Dincklage, La Montagne, Briant Nuton, Poulus Leendersz and A: Keyser.

References

Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.A complete copy of this publication is available on the New Netherland Institute website.