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Remonstrance of Jan Baptist van Renselaer against imposing an excise and collecting tenths in Renselaerswyck

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Remonstrance madeby Jan Baptistavan Rensselaer, ] director of the colony of Rensselaerswijck located on the North River of New Netherland, to his honor General Petrus Stuyvesant and the honorable lords high councilors of New Netherland.[i]

First. Your honors, the lord director general and lords high councilors, will see by a copy of an extract from the register of resolutions of the lords directors of the West India Company, chamber of Amsterdam, dated the 24th of November 1633 and marked B, that the grievances complained of by the patroons were submitted to a committee and that it was decided that the conditions granted to the coloniers were lawfully obtained.

Second. Your honors may also see by a copy of an extract from the register of resolutions, signed by the honorable lords representatives of the assembly of the XIX of the West India Comp. then at Amsterdam on the 19th of December 1633, marked A, that the said representatives delegated five out of their number to confer with the patroons and in case they could not come to an understanding, the matter should be left to representatives of their high mightinesses or from the court of justice and it was further declared that the privileges granted to the patroons by the xIx and recorded, should be considered to remain legal in force.

Third. Your honors may further see by two letters from their high mightinesses dated the 13th of May and 1st of June 1634, of which the copies are marked Copy with the letters C and D, addressed to the patroon Kiliaen van Rensselaer, that the Company and the patroons of the colony were summoned by their high mightinesses to have their differences settled by the representatives of their high mightinesses.

As it has pleased their honors, the general and the high councilors, pursuant to their resolution to let publicly to the highest bidder the excise on wine and beer at Fort Orange, including therein the consumption of wine and beer brought into our colony of Rensselaerswijck, against which we have duly protested to the former commies Johannes Dijckman and his assistants carrying out the order and being there on the spot; as the honorable general and high councilors did not condescend to let the matter rest there, but ordered the present commies Johan de Deckere to gauge, as he said in obedience to his order, of which he would not show a copy, the wine and beer in the possession of the tappers under our jurisdiction, against which we also duly entered protest, whereupon the said commies Jan de Deckere summoned in the name and on behalf of their honors, the general and lords high councilors, our innkeepers or tappers, and then arrested them: we protested again in due form, and as the arrested tapper Pieter Adriaensz escaped from his arrest, I requested the aforesaid commies to desist from further measures, because I intended to proceed to the Manhatans and confer on the above related matters with their honors, the general and high councilors; for this purpose I present now to your honors the accompanying copy, specified on the other side, from which I conclude that the differences over the letting of the excise on wine and beer for sale in our jurisdiction should be submitted to arbitrators as concerning a point of jurisdiction, just as the differences arisen before have been referred and submitted to arbitrators; and if their honors are not satisfied with this, but against our expectations should execute their resolution and order to make the tappers belonging under our jurisdiction come down by force, then I shall be compelled to protest against the use of public force, as I hereby do requesting at the same time a copy of your honors’ resolution; and as your honors have told and directed me not to leave before the aforesaid tappers have appeared here in person, I shall undertake (in order to prevent further difficulties and troubles) to satisfy ] the former farmer of the excise at Fort Orange under solemn protest for the duties imposed upon wine and beer sold during his time by our innkeepers according to his or the innkeepers’ books under the special condition that your honors, the general and high councilors, promise to refund the money paid by us if another decision by impartial arbitrators is given in the fatherland ]. As to the orders received by your honors in regard to the tenths from the farms in our colony, that is altogether contrary to the privileges declared legal by the honorable Company and the assembly of the xIx, and also to the 6th article of high and low jurisdiction.[ii]

I am highly surprised that the hon. Company tries to impose such taxes and charges upon our colony and its inhabitants, as they have no right whatever to do so, for on the contrary we have been promised by the Company in the 25th article[iii] that they will defend us against all violence; notwithstanding which we have two or three times with considerable expense, together with the inhabitants of Fort Orange and the village of Beverwijck, in repairing the fort, namely once during the war of the French wilden, then in the English war ]; and now during the late troubles and whenever any difficulty arises, we have quickly made considerable presents to the wilde and do so yet daily. Let us add thereto the damages done us daily through the killing of horses, cattle, pigs, etc., by the wilden, costing us yearly several thousand, and further that the patroon and the co-directors maintain at their own charge their servants and officers; I will leave it to your honors’ judgment, having some knowledge of these matters, whether such demands (especially in this situation) are proper. Jan Baptist van Rensselaer. Dated the 20th of June, 1656, in New Netherland.

Notes

Recovered text from translation in NYCD 14:355–356. Pages 8:36–49 relate to a dispute between Stuyvesant and the director of Rensselaerswijck.
Article VI of the Charter of Freedoms and Exemptions reads “They shall forever own and possess and hold from the Company as a perpetual fief of inheritance, all the land lying within the aforesaid limits, together with the fruits, plants, minerals, rivers and springs thereof, and the high, middle and low jurisdiction, rights of fishing, fowling and grinding, to the exclusion of all others, said fief to be renewed in case of demise by doing homage to the Company and paying 20 guilders per colony within a year and six weeks, either to the Chambers here or to the commander there, each to the Chamber whence the colony was originally sent out; however no fishing or fowling shall be carried on by anyone but the patroons and such as they shall permit. And in case anyone should in time prosper so much as to found one or more cities, he shall have authority to appoint officers and magistrates there and to use such titles in his colony as he sees fit according to the quality of the persons.”
Article XXV reads “The Company will take all the colonists, freemen as well as those that are in service, under its protection and help to defend them against all domestic and foreign attacks and violence, with the forces it has there, as much as lies in its power.”

References

Translation: Gehring, C., & Venema, J. (Ed.). New York Historical Manuscripts: Dutch, Vol. 8, Council Minutes, 1656-1658 Syracuse, N.Y.: Syracuse University Press: 2018.A complete copy of this publication is available on the New Netherland Institute website.