Translation
Ordinance prohibiting the erection of buildings within 600 paces of Fort Orange
[ First several lines are lost. ]
Tuesday, the 5th of March 1652.
The director-general and council of New Netherland to all who shall see, read or hear
this read, greetings; be aware that we have before now several times informed and
warned the commander at the colony of Rensselaerswyck not to shut in and obstruct the
honorable Company's Fort Orange with new buildings and houses within the aforesaid
fort's liberty, estimated to be 600 geometrical paces or 1200 steps, about a salute
gun's shot distant. This order and warning was communicated to the aforesaid
commander and to the court of the colony on 23 July 1648 by the director-general,
orally as well as in writing, with the verbal request, as stated in the written
propositions, not to allow the erection of any more new buildings within the liberty
of the aforesaid fort, unless he, the commander, has previously obtained and could
exhibit a special order, or at least consent, either from their High Mightinesses,
our sovereigns, or from the lords-directors of the Chartered West India Company as
masters and owners of the province of New Netherland; because, outside of the
aforesaid limits of the fort's liberty, above and below the fort, there are sites
more suitable for building purposes. Although these orders have been communicated
several times to the aforesaid commander by our respective commissaries and by our
letters, he, the commander, has ignored them; yet for the sake of accommodation and
neighborly communication between the fort and the colony's village and in order to be
in a better position to assist one another in time of need, we allowed ourselves to
yield to the request of respectable and peaceful inhabitants, so far [ as to suspend provisionally, after a visual inspection and
until further orders from the lords-directors, their rights to the aforesaid
boundaries, reserving the right to pull down the houses, if hereafter demanded by
necessity ] or so ordered by the honorable directors. The aforesaid
commander, not being satisfied with that, has, propria
authoritate, without recognizing any higher prerogative in this province,
gradually begun to distribute the lots nearer to the fort not only for quitrent but
also, as we have been informed by good authority, in fee simple, which is an absolute
sale; so that for the maintenance of the privileges of the fort and the honorable
Company and their jurisdiction and authority in this province, we were finally
compelled and obliged to defend and publicly proclaim their rights and the boundaries
of the fort. This proclamation, having been communicated to the aforesaid commander,
with an order and directions to publish the same in the Colony; he, to the
disparagement of ourselves and our official positions, of the high and sovereign
authority of our fatherland, which we represent here, and to the special affront of
the lords-directors, the patroons of this province, most insultingly and indecently
dared to tear it out of the hands of the clerk or assistant and throw the seal of the
province to the ground. Whereas the aforesaid commander has, by this insult and
affront to the supreme government, violated all neighborly obligations and our
previous accommodating moderation, provisionally not to enforce the claim to the
boundaries of the fort's liberty until further orders were received from the
lords-directors, we are now by that unwarranted action and their derisive
proclamation induced and constrained to revoke our previous favor and to direct our
[ commissary, as we herewith order him, not to permit
any building or frame of a house to be erected either west or northwest of the
fort within 600 geometrical paces of ] five feet each or 250 Rhineland
rods, approximately the range of a salute gun's shot; and so that no one may
hereafter plead ignorance, we command our commissary, after posting and publishing
this, to erect or cause to be erected north, south and west of the fort a post marked
with the honorable Company's mark at the aforesaid distance, determining the
provisional jurisdiction of the aforesaid fort. Thus done and enacted, considering
the claim of the fiscal to proceed on and against the commander and others for this
and other crimes committed by them, in council, this 5 March 1652.