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Further concessions to the colony of the city of Amsterdam on the Delaware river

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Friday, 16 February 1663.

The commissioners appointed by resolution of the 12th of this month to examine the further considerations proposed respecting New Netherland by the city's commissioners on the resolution of this meeting, adopted on the 8th of this month on the aforesaid gentlemen's memorandum and communicated to them, have reported that they had found the same to consist of the two following points:

1.

That the Company should give up and renounce the quit-rent of 4 stivers on the beaver, which is paid on the South River, and to allow the same henceforth to accrue to the profit of the city's colony.

2.

That, in place of all goods transmitted from here to the City's colony in New Netherland, and from there to here being subject as at present, according to the concluded agreement, to the inspection of a deputy of the Company, one commissary shall be appointed hereafter on behalf of the city, who shall inspect in place of the Company's officer, and take an oath of allegiance to the Company.

Whereupon the opinion of the aforesaid commissioners being further heard, it is, after the question was put, resolved and concluded that both the aforesaid conditions shall be, as the same as hereby, consented to, with this understanding, that in all cases the other side shall comply with the conditions stipulated by the Company, and particularly that the aforesaid commissioners shall not neglect to observe what was concluded on the 8th of this month in article 1 of the commissioners' memorandum.

Friday, 13 July 1663.

The committee appointed at the meeting yesterday to confer with the City's commissioners respecting New Netherland, having reported that while negotiating with the gentlemen aforesaid, the latter had communicated a written extract from their resolutions, to the effect that half the duty of this colony be ceded to the City, and, furthermore, that the appeals from their colony to the director and council of New Netherland be abolished, or else that in the cases from their colony, which, by appeal, devolve on the director and council, an appeal may be made to the high council here. The whole matter being considered, it is resolved to place the aforesaid written extract in the hands of the committee on New Netherland for immediate examination and report.

Monday, 30 July 1663.

The committee on New Netherland having made a report on the memorandum of the City's commissioners, dated 12 July, which was submitted to the meeting on the 13th next ensuing, the opinion of the aforesaid committee is heard, and everything being duly examined, it is unanimously resolved and concluded that the following shall be furnished, as an answer:

The directors of the Chartered West India Company, chamber at Amsterdam, having seen and examined the memorandum of the commissioners and directors of this City upon their colony in New Netherland, dated the 12th of this month, consisting of two points: first, that instead of, as at present, according to the Company's order and the conditions enacted with the Lords-Mayors of this City, all the New Netherland duties and convoy costs being paid to the Company, the aforesaid directors resigning a portion thereof, are willing to grant and concede the same to the City aforesaid, for reasons set forth in the aforesaid memorandum that the said City may henceforth absolutely receive and administer the convoy costs and duties of all such goods as will be sent directly to the South River in New Netherland, provided that the aforesaid City keep a proper account of the receipt and administration thereof, and pay one half of the clear proceeds to the Company, and they may retain the other half for themselves; with express restriction that the aforesaid other half shall be employed for the advantage and greater security of their colony in erecting and repairing public works, maintaining their officers and such like things, with offer to prove the same at all times.

Secondly, that from judgments pronounced by the director and council of New Netherland in matters devolved on them by appeal from the aforesaid City's colony, according to the agreement, an appeal may, if necessary, be allowed to the high council of this country,

The above named directors, having taken all the aforesaid into consideration, and especially weighed on the one hand the reasons advanced by the aforesaid commissioners and directors, and, on the other hand, the constitution of the charter, orders and rules enacted by their High Mightinesses for the Company, in order to acquiesce in the aforesaid request in favor of the aforesaid City's colony, as far as it may in no wise prejudice the Company, they have resolved, on the first, to request the aforenamed commissioners and directors to excuse the Company, so far as relates to their request, for the receipt and administration of the duty and convoy costs; but, nevertheless, the Company grants and consents that one-half the clear proceeds of the convoy costs and duty from all the goods to be sent direct from now on to the aforesaid City's colony in New Netherland, shall be received by the aforesaid City for the term of eight consecutive years, so that the receipt and administration of the duty and convoy costs aforesaid shall effectually remain, as before, without any changes made hereby therein, but the half of the net proceeds shall be paid by the Company to the City aforesaid, to be expended and employed as requested in the aforesaid memorandum, all with this understanding, that the above mentioned commissioners shall also punctually observe and execute all the foregoing agreements and consents, especially what has been by the directors resolved on the 18th of February last, on the first point of their petition with regard, on the one side, to the evil consequences which might arise in other judgments pronounced in their High Mightinesses' name by a judge of the highest resort, should be subject to correction and alteration by a provincial court, in direct contravention to various of their High Mightinesses' resolutions, of themselves in contradictorio, adopted heretofore in cases which occurred in the same district.

Friday, 3 August 1663.

The Commissioners of New Netherland having been in further conference with the commissioners of the City's colony on the memorandum of the 30th of last month, and having afterwards presented to the meeting the memorandum hereinafter inserted, it is in said report resolved hereby to authorize the commissioners of New Netherland to make such further arrangement with the City's commissioners as shall be found most advantageous to the Company.

Memorandum of the City's Commissioners on New Netherland.

The commissioners and directors over this City's colony in New Netherland having seen and examined the written answer of the directors of the West India Company to a certain memorandum delivered to them on the 12 July last, containing two different points, namely, first, that the city may be allowed to receive the duties and convoy costs of goods and merchandise going directly to the South River of New Netherland, on condition of paying one half the net proceeds thereof to the said Company; and secondly, that from the judgments pronounced by the director- general and council of New Netherland in cases devolved on them by appeal from said City's colony, an appeal may also be made to the high council here, have observed by the aforesaid written answer, on the first point, that the said Company does in fact concede to the City the half of the aforesaid duty and convoy costs for the term of 8 years, but that the same must be collected by the aforesaid Company which accordingly would have to pay over the half to the City; this being taken into consideration by the commissioners, who have principally observed that the nature of the case is such that the City up to this time has reserved this trade not for private individuals but exclusively for itself, their Honors therefore think that the Company wishing to avoid double trouble, requires only to be paid, so long as the trade is carried on directly and immediately by the City, the half of the net proceeds of the duty and convoy costs to which such goods and merchandise as the City will send there, are subject; furthermore, have no objection to the Company receiving the duties and convoy costs on the goods which will be sent there by private individuals, provided the City shall be empowered to appoint, in the Company's office, a person who shall there receive for it the half of those duties and convoy costs.

In regard to the 2nd point concerning appeals: As the Company makes so many objections, this point will be given up, and as the planting of this colony has already cost the City considerable, and the latter therefore deserves to be encouraged in order, with more power and zeal than heretofore, to advance the work, which will still require many thousands, the commissioners are of opinion that the time is now come when the City must provide for its relief, to the end that it may enjoy the effect of the conditions which it entered into with the West India Company and have been approved by their High Mightinesses, namely that the toll or duty, by whichever name it goes, that is paid in the City's colony on the South River, may be expended now by the City in the construction and maintaining of the public works, as expressly directed by the 8th article of the printed conditions and is verbally also more fully expressed. The commissioners and directors, above-named, therefore doubt not but the Company will now consent hereunto, at least if it desire to see so good a work zealously taken in hand and advanced, both for the greater security of its interests there and for the advantage of this country in general; in which case the tolls aforesaid might be received both by those who will be appointed there by the Company and by the City, in order to obtain more certain information that they were employed in no other way than in the construction and preparation of the public works, which shall at all times be proved; the surplus thereof shall be paid back to the Company, as the City is not requiring it for itself-

And whereas great complaints have been frequently made by the commissioners of the colonists running away from the City's colony, which necessarily tends to injure the City's interests in that quarter, they are, therefore, of opinion that in order to obviate all distrusts between officers on both sides there, it would be very advantageous that said Company should expressly order its officers not to harbor any persons coming from the City's colony, unless provided with proper passports, otherwise to send them back on demand, said commissioners undertaking to reciprocate and act in the same way in case any one should come over in the same manner from the Company's district.

Done at the meeting of the commissioners and directors aforesaid, in Amsterdam, 2 August 1663.

Thursday, 9 August 1663.

The commissioners of New Netherland being, pursuant to their resolution of the 3rd of this month, in further conference with the commissioners and directors of the City's district on the South River, and having made a report thereof, after hearing their opinions and the additional memorandum of the aforesaid City's commissioners of the 3rd of this month, it is resolved to acquiesce therein and it is hereby consented to, and further to request the Company, having laid aside divers and important motives to the contrary, zealously to encourage the advancement of the aforesaid colony in the speediest manner.

Agrees with the register of the aforesaid resolutions.

Mich. Ten Hove

References

Translation: Gehring, C. trans./ed., New York Historical Manuscripts: Dutch, Vols. 18-19, Delaware Papers: Dutch Period, 1648-1664 (Baltimore: Genealogical Publishing Co., Inc.: 1981).A complete copy of this publication is available on theĀ New Netherland Institute website.