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Ordinance concerning observance of the Sabbath; selling liquors to Indians; smuggling; the port of New Amsterdam, against fast driving, and the delivery of letters

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The director general and council of New Netherland, to all those who see, or hear this read, greetings.

Whereas it is seen and found by experience, that our previously enacted and frequently renewed ordinances and edicts against the desecration of the Lord’s Sabbath; against tapping and setting buffets after the ringing of the evening bell at nine o’clock; against the sale of strong drink, either wine, beer or distilled spirits to Indians in houses, or out of yachts, barks, sloops, canoes, or on shore along the rivers; against exporting or importing diverse merchandises, either out of or into this province, without these having been duly entered, whence arise considerable frauds and smuggling; against anchoring, discharging or loading of any ships, yachts or barks, beyond the gates and walls of this city, and the hoist erected for that purpose, and leaving the ship and going on board after sunset and before sunrise; against driving and galloping with wagons, carts or sleighs, have all, and many other well meant enacted and repeatedly renewed placards, by lapse of time, fallen into disuse and neglect; indeed, they are not observed and obeyed according to the tenor thereof. Therefore, the director general and council again comprehending the necessity of them, hereby ordain, command and renew:

First, that no person, of whatever rank or nation he may be, shall, within this province, on the Sabbath, or Lord’s day of rest, commonly called Sunday by us, or during divine service, entertain any company, or be allowed to buy, sell, give or receive, directly or indirectly, under whatever pretext, any wine, beer, or strong drink in any tavern, or perform or carry on any trade or business, much less go or ride for pleasure in boats, carts or wagons, on the penalty and fine heretofore affixed thereto, and last renewed and here proclaimed in front of the city hall on the 26th of October 1656.[1]

Secondly, no person shall, directly or indirectly, within this province under any pretext whatsoever, sell, give, or present to any Indians any wine, beer, or strong drink, either on land or water, from houses, yachts, barks, boats or canoes; which, that it may be the better prevented, no person shall be permitted, in accordance with the previously enacted and renewed ordinance, dated as aforesaid, namely 26 October 1656, to embark, or take with him any wine, beer, or strong drink, in any barks, boats or canoes, not even for his own provision, unless he have previously entered the same with the officer of the place where he embarked it, and that, in its true quantity and quality, on pain of forfeiting what is smuggled, and five times the value thereof, he remaining bound to exhibit, on his return, a receipt of delivery of the entered and embarked liquors, agreeable to the ordinance thereupon published and renewed as aforesaid, dated 26 October 1656.[2]

Thirdly, the director general and council hereby renew, ordain and command, that no person shall ship or embark, much less carry out of or within this province, any goods or merchandises, of whatsoever nature they may be, without entering the true quantity and quality thereof, and having them inspected according to the entry by the fiscal, inspector, or some other official of the director general and council, appointed, or hereafter to be appointed, for that purpose. In like manner, also, no goods or merchandise, coming from without here or elsewhere within this province, shall be discharged, unless their true quantity and quality have been previously entered, on pain of forfeiting the concealed goods. In case the unrecorded or concealed goods are found to be contraband, five times the value in addition. In order to prevent all pleas of ignorance, the director general and council sufficiently warn every one that, in obedience to superior orders, for the purpose of discovering fraud and smuggling, they will exercise, and cause to be exercised, stricter care and attention in the premises, in the searching and examining of ships, barks and yachts, both at this place and also on the way sailing up and down the rivers, when and where they shall think proper, and the opportunity shall present itself.

Fourthly, the director general and council renew and ordain that the common roadstead and anchoring place for all ships, yachts, ketches, sloops, barks etc. shall be, on the East River between the hoist and the Capske; on the North River, in front of and near the beavers’ trail;[3] at which roadstead and anchorage all ships, yachts, ketches, sloops, and barks, weather, wind and tide permitting, shall come to anchor and remain lying there during their unloading and loading, without any goods beyond the gates of this city; and that by daylight, between sunrise and sunset, before and after which no goods or merchandises shall be discharged or taken on board, or any boats or scows go or leave the vessel, except by special permission, upon the fine formerly enacted therefor.

Fifthly, the director general and council renew and ordain that no person shall, on the arrival of any ships, whether from fatherland or elsewhere, attempt to go on board at their first coming into port, either while yet under sail or lying at anchor, before or until the fiscal or some officer of the director general and council has been on board, and the letters received and delivered to the honorable general, on the penalty of twenty-five guilders. And, whereas by such unseasonable boarding and delivering of letters, many mistakes occur and many complaints are made that letters and invoices are lost, the director general and council ordain that neither the skippers nor the supercargoes shall deliver any letters except such as belong to the director general and council, to any person, before and until a proper list is made of the letters brought with them whether at sea or in port, in order to be sent according to said list to the right man or owner. For the trouble of making out the list and numbering, the ship’s supercargo may demand and receive three stivers for each letter.[4]

Sixthly, and for this time lastly, the director general and council ordain that no person shall gallop or race within the gates and walls of this city with any wagon, cart or sleigh, and no driver shall sit on such wagons, carts or sleighs whether drawn by oxen or horses, but walk alongside the same, and if he shall be caught and found sitting or standing thereon he shall pay a fine of one pound Flemish, and be prohibited from using such wagon, cart, or sleigh and the draft animals thereof for six weeks.[5]

In order that all this may be the better known, practiced and obeyed, and that no person may plead ignorance henceforth in the premises, the director general and council hereby order and command that this shall be published and posted everywhere that publication is usually made, and observed and executed without any favor or respect of persons, as we find such to be for the good of the country, and for the welfare and greater tranquillity of the good inhabitants.

Thus done and renewed in the session held at Fort Amsterdam in New Netherland, the 12th of June 1657.[6]

Published and posted on 13 June.

Notes

See LWA, 72 for this ordinance.
Ibid.
Beverspadt; see LWA, 63.
See LWA, 63-65 for previous ordinance regarding smuggling.
See LWA, 28 for previous ordinance.
Also in LO, 310-14.

References

Translation: Gehring, C., trans./ed., New Netherland Documents Series: Vol. 16, part 1, Laws and Writs of Appeal, 1647-1663 (Syracuse: 1991).A complete copy of this publication is available on the New Netherland Institute website.