A History of the City of Brooklyn and Kings County Part 7

7. He shall provide a basin of water for the baptisme, ffor which he shall receive 12 stuyvers in wampum for every baptisme ffrom parents or sponsors. Hee shall furnish bread and wine ffor the communion att the charge of the church. He shall also serve as messenger for the consistorie.

8. Hee shall give the funerale invitations and toll the bell, and ffor which he shall receive ffor persons of 15 years of age and upwards, 12 guilders, and ffor persons under 15, 8 guilders; and iff he shall cross the river to New York, he shall have four guilders more.

The school money was paid as follows:

1. Hee shall receive ffor a speller or reader 3 guilders a quarter, and ffor a writer 4 guilders ffor the daye school. In the evening, 4 guilders ffor a speller and reader, and 5 guilders ffor a writer per quarter.

2. The residue of his salary shall bee 400 guilders in wheat (off wampum value), deliverable at Brookland ffery, with the dwellinge, pasturage, and meadowe appertaining to the school.

Done and agreede on inn consistorie inn the presence of the Honourable Constable and Overseers this 8th day of October, 1682.

Constable and The Consistorie.

Overseers.

CORNELIUS BERRIAN, CASPARUS VANZUREN, RYNIERE AERTSEN, Minister, JAN REMSEN, ADRIAEN RYERSE, CORNELIS BAREN VANERWYCK.

I agree to the above articles and promise to observe them.

JOHANNES VAN ECKKELLEN.

In those days the duties of a constable in Brooklyn were not confined to the present requirements. In 1670, a law was enacted, whereby his duties were defined. As the order is peculiar, it is here inserted:--

"Ordered that the constable of the towne of Breucklyne doe admonish the inhabitants too instruct theire children and servants, in matters of religione and the laws of the country.

"Ordered that the constable doe appoynte a suytable person too recorde every man's particular marke, and see such man's horse and colt branded.

"Ordered that the overseers and the constable doe paye the value off an Indyan coat ffor each woolf killed, and they cause the woolf's heade to be nayled over the doore of the constable, theire to remayne, and alsoe to pull off both eayres inn token that the heade is boughte and payed ffor."

In 1695 the Court of Sessions of Kings County "ordered that the constables of this towne shall on Sundaye or Sabbath daye tayke lawe ffor the apprehending off all Sabbath breakers, searche all ale houses, taverns, and other suspectede places ffor all prophaners and breakers off the Sabbath daye, and bringe them before the justice too bee dealt with accordinge to lawe."

As a penalty for refusing so to do, it was further "ordered thatt ffor every neglect or deefault the constable shall paye a fine of six shillings."

At the same session it was "ordered that mad James bee kepte by Kings County in general and thatt the deacons of each towne within the sayde county doe fforthwith meete together and consider about theire proportions ffor the maintenance of sayde James."

Disputes having occurring between Brooklyn and Flatbush relative to their boundary or town lines, reference was had to the Court of Sessions and action was had thereon, as will appear by the record of its proceedings:

"Att a Cort of Sessions held ffor the West Riddinge of Yorkshire, uppon Long Island, the 18th day of December, 1677, the following order was mayde: There being some difference between the towns of Fflackbush and Brucklyne conserninge theire boundes, the which they are both willing to reffer to Captain Jacques Cortelyou and Captain Richard Stilwell too decyde, the Cort doe approve thereoff, and order theire report too bee determinative."

These Commissioners took five years and a half to perform their labors, and then reported the result of their deliberations, as follows:--

_To the Worshippful Cort of Sessions nowe sitting at Gravesende, June 21, 1683_:

These maye certiffie thatt inn obedience too an order ffrom sayde Cort and bye consente of bothe townes of Breucklyn and Ffackbush, too run the lyne twixt the sayde townes, which are wee underwritten, have done and markt the trees twixt towne and towne, as witness our hands the daye and yeare above written.

JACQUES CORTELYOU, RICHARD STILLWELL.

The surveyor, Philip Wells, gave his certificate that he found the line run by the Commissioners to be just and right. These certificates were recorded by order of the court.

In 1671 one Thomas Lambertsen and wife sued John Lowe for defamation of character. The defendant confessed that he was drunk, "and was verry sorry for defaminge the plaintiff's wife," and begged his pardon in open court. They "ordered him to paye the costs off the plaintiff's attendance, and keepe a civill tongue in his heade."

Some of the orders made by the Court of Sessions, as contained in the ancient records, are very interesting at this period, and express in a great measure the character of the early settlers:--

"At a Court of Sessions held at Gravesend the 16th day of June by His Majesty's authority in the twenty-first year of the reign of our Sovereign Lord Charles the second, by the Grace of G.o.d of Great Britaine, Ffrance and Ireland, King, Defender of the ffaith, in the year of our Lord, 1662. Present: Mathias Nichols, Esquire, President; Mr. Cornelis Van Ruyter, Captain; John Manning, Mr. James Huddard, and Mr. Richard Betts, Justices.

"Weras during this Court of Sessions their have been several misdemeanors committed in contempt of authority in the towne of Gravesende, by one throwing down the stocks, pulling down of fences and such like crimes; the court also find that there was noe watch in the town which might have prevented itt, and being the offenders cannot be discovered, itt is ordered that the towne stand fined five pounds till they have made discovery of the offenders."

The penalty in slander cases was very light, as appears by a verdict rendered in an action for defamation in 1699. The verdict was as follows: "At a cort of General sessions, held att Gravesende, December 1, 1669, John Ffurman, plf., vs. Adraiaen Ffrost, def't. The Plaintiff declared in an action of defamacon, how that the defendant reported him to be a purjured person, and common lyer, which was sufficiently proved, and also confessed by the defendant. The Jury brought in the verdict for the plaintiff, with five pounds damages and costs."

Among the measures marking the progress of the county was a provision by which all the highways in the region were to be laid out four rods wide.

When, in 1685, the Duke of York succeeded to the throne of England under the t.i.tle of James II., he instructed Governor Dongan to a.s.sert the prerogative of the Crown as a natural right, to impose taxes, and also prohibited the establishment of printing presses in the colony. He was opposed to the diffusion of information, and evidently thought that education and knowledge would weaken and destroy his power over the people. Thus, selfishness marked his whole course. In August, 1685, the provincial council was dissolved by order of the Governor, and no other was chosen or summoned. This course was adopted to lessen the influence of the people, and concentrate the entire management and control in the hands of the Governor.

On the 3d of May, 1686, an important event occurred for Brooklyn. It was the issuance of a patent whereby all the rights and privileges granted by Governor Nichols in 1667 were fully confirmed and ratified. Dongan, in the same year, also granted a charter to the city of New York, confirming the franchises previously granted to the corporation, and placed the government upon a solid foundation. The Governor, however, still retained the appointment of mayor, under-sheriff, clerk, and all other important officials, merely giving the people the right to choose their aldermen, a.s.sistant aldermen, and minor officials, at an annual election to be held on St. Michael's day. This patent of 1686 was a very important doc.u.ment for New York City. Upon this doc.u.ment New York based its claims to ownership in the Brooklyn sh.o.r.e. It was this charter which made sailors on board of United States vessels at the Brooklyn Navy Yard citizens of New York City, and gave them the right to vote in the seventh ward of New York.

Dongan was a fast friend of the Indians, and during his administration secured their good will by counsel and a.s.sistance. He had their confidence, and in various ways they manifested grat.i.tude. They called him the "white father," and he was long held in remembrance by the savage tribes, who appreciated his many kind acts to them. He succeeded better with the Indians than he did with the whites.

The King was anxious to introduce the Catholic religion, in opposition to the wishes of the colonists. The feeling between the two parties formed as a result of this threat became very bitter. Dongan quickly saw that the policy of intolerance would jeopardize the perpetuity and peace of the English possessions, and opposed the measure. The Crown officers appointed by the home government were all Catholics, and in order to appease popular prejudices, Dongan selected his councilors from among the best known and foremost Protestants. This judicious policy was not approved by the King, and in 1688 Dongan was recalled, and Francis Nicholson a.s.sumed the management of affairs.

In the mean time, Sir Edward Andros had been appointed royal governor of New England and New York. Nicholson, as his deputy, acted during his absence. The troubles which a.s.sailed the people in consequence of the arbitrary acts of the King were not to last long. The hour of deliverance was at hand. The dismal forebodings of the people were removed when the intelligence was received that the King had abdicated his throne, and that the reign of William and Mary had begun. This was in 1689. The citizens of New York thereupon a.s.sumed the power to remove and depose all the officials who had been appointed through the instrumentality of the late king. The authority of Deputy Nicholson was questioned. Each sovereign had adherents. Parties were formed among the people. One sustained the late sovereign, while another supported the new potentates. Political and religious discussion waxed warm, and the two parties became known as the democratic and aristocratic cla.s.ses.

Some maintained that the change of sovereigns in no way affected the colonial government, and that the commissions granted by James were valid until set aside and declared illegal by the new power. Others considered the change in England as a complete revolution, which extended to every province belonging to the kingdom. They held that all things were in a state of anarchy, and that no one possessed the power to control; that all officials were _functus officio_, and consequently the power rested with the people, and that they alone could devise measures or means of government, until the sovereign will should be expressed.

As a result of this condition of affairs the inhabitants of Long Island deposed their magistrates and elected others to fill the places of those they had removed. They also took occasion to send a large body of militia to New York to aid the popular party in that city, which was led by Jacob Leisler. He held the position of captain, was an old, wealthy, and respected citizen, a firm Protestant, and an opponent of the Catholics. The public money was deposited in the Fort, and the people were anxious to secure its control. A detachment of forty-seven men repaired to the Fort, obtained possession without resistance, and Captain Leisler became the acknowledged and recognized leader of the revolutionary movement. He a.s.sumed control in behalf of the new sovereigns, and at once took measures to protect the public property.

The defenses were strengthened, and a battery of six guns erected. The erection of this battery was the beginning of the public park long known as the Battery.

As everything was in a chaotic state, it was deemed advisable to organize a Committee of Safety, whose first act was to place the city under the command of Leisler. Subsequently the authority of Leisler was confirmed by a dispatch directed to the late Governor, or to such other persons as might be in command, requiring such person to a.s.sume the entire control of governmental affairs. Thereupon Leisler took the t.i.tle of Lieutenant-Governor, and appointed his advisory council, consisting of eight well-known citizens, to aid him in the discharge of his trust.

Having entire and complete supremacy, he resolved to place the city in an orderly condition, and to accomplish this purpose took active measures. His conduct did not please the people. Some were jealous of his power, and began to stir the people into rebellion. This was accomplished with but little effort, and resulted in a street riot, from which the Governor barely escaped with his life. The services of the militia were called in requisition, and for a short time the result was uncertain. The riot, however, was subdued. Several of the ringleaders were captured, thrown into prison, and a court summoned to try them for treason. The chief leader, Nicholas Bayard, was kept in the cells of the City Hall for a period of fourteen months, until released by Governor Sloughter.

In 1691, General Henry Sloughter was appointed Governor by the sovereign authority. Upon his arrival he demanded the surrender of the Fort, which at first was refused. Major Ingolsby, who had been appointed by him Lieutenant-Governor, at once landed his forces and blockaded the Fort. In this work Ingolsby was aided and urged on by the enemies of Leisler. For seven weeks the city was kept in this state. Leisler refused to surrender his authority until the commission of the new governor was produced. At the same time, however, he declared himself willing to surrender possession to any one duly authorized and deputed to take his place. Ingolsby, still urged on by Leisler's foes, did all he could to irritate and annoy him.

On the 19th of March, 1691, Sloughter was met by a delegation consisting of Philipse Van Courtland and others, representing the anti-Leislerian party, which expressed to him a cordial greeting and loyalty. With his escort from the city he proceeded to the City Hall, exhibited his commission, and took the oath of office. It was late at night when he reached the Hall, and although it was near midnight he dispatched Ingolsby and a party of soldiers, at the instigation of Van Courtland and his friends, to demand a surrender of the Fort. Leisler was suspicious, and thinking that all was not right, refused to surrender, and sent a letter by one of his men who had known Sloughter, with directions to ascertain if he was really present and had issued the order, or whether it had been prepared by some one who had a.s.sumed the role of authority. This act angered Sloughter, and he at once told the messenger that he intended to make himself known in New York. Major Ingolsby was again directed to return and take possession of the Fort, and to release Bayard and the other prisoners who had been committed by Leisler for treason. Upon their release and restoration to freedom they were elevated to the position of members of the Council. This augured ill for Leisler. The new Governor summoned Leisler and his son-in-law, Milburne, to appear before him without delay. Leisler refused to give up possession and still held the Fort. He, however, sent Milburne and Delanoy to the Governor to obtain the a.s.surance that his life would be spared. The messengers sent to make terms were imprisoned, and another demand was made to surrender. Leisler became frightened; matters were becoming exceedingly hot and disagreeable. Resistance could not be kept up much longer, and he feared his life would be forfeited in consequence of his disobedience to the lawfully const.i.tuted authority. He deeply felt the necessity of reconciliation, and sent a letter of apology to the Governor for holding the Fort. He admitted that his action had been unwise, and excused himself on the ground that he feared the people would take his life if he gave up control to Ingolsby. This letter was treated with contempt, receiving no consideration at the hands of the Governor or his Council. Sloughter convened his Council at the City Hall. All of its members were enemies of Leisler. Leisler, deserted by the soldiers of the Fort, was brought a prisoner before Sloughter, and imprisoned with several others in the guard-house.

At this meeting of the Council the Governor appointed John Lawrence Mayor of New York.

Leisler with his fellow prisoners remained in the guard-house four days, when the Governor and Council again met to consider the propriety of his removal to prison. On the following day a court was organized to try the prisoners for murder and rebellion. The court met on the 30th day of March. Leisler refused to put in any plea, maintaining that the court had no jurisdiction of the case; that the sovereigns alone had the right to decide whether he had acted without legal authority. The judges were unwilling to a.s.sume the power to decide the question, and submitted it to the Governor and Council, who held that the point was not well taken. Thereupon Leisler was found guilty on the 13th day of April, declared to be a usurper, and with Milburne was condemned to death.

The Governor did not at once sign the death warrant. He was not satisfied with the situation, and feared to incur the displeasure of the King. The enemies of Leisler urged him to the act, without success. At last, after a month had pa.s.sed away, they adopted a new method to gain their desire. A feast was prepared, to which the Governor was invited.

They again urged upon him his duty in the matter, and at last by the use of flattery, and while the Governor was under the influence of the good wine which had been provided for the occasion, succeeded in their endeavor.

The anti-Leislerian party, having accomplished the desire of their hearts, could not rest until the warrant was put into execution. They feared that the Governor might relent and revoke his order. Nicolls, Van Courtland, Bayard, and those of their adherents who had been imprisoned by the direction of Leisler, were burning for vengeance, and nothing but his ignominious death would allay their fury.

The warrant having been signed, the festal board lost its attractions.

An officer took possession of the doc.u.ment and carried it to the City Hall. Orders were issued to lead out the prisoners to instant execution.

In order to keep the matter from the ears of Sloughter, some remained at the entertainment and kept the Governor in good humor and forgetfulness with wine. The day of execution was cold and dismal. In the drizzling rain the prisoners were led out to meet their fate. The scaffold was erected in the park opposite the City Hall. Friends of Leisler gathered round him in the trying hour, bewailing the doom of their leader, and in bitter words execrated those who had sought and obtained the death warrant. Leisler lamented the fate of his son-in-law, and with his dying breath addressed his son and friend in words of tenderness. Turning to Milburne he said: "Why must you die? You have been but a servant doing my will. What I have done has been in the service of my King and Queen, for the Protestant cause and for the good of my country; for this I must die. Some errors I have committed; for these I ask forgiveness, and I entreat my children to do the same."

Thus perished the last Dutch Governor of New York.[33] His remains were interred in his own ground near the location of old Tammany Hall. The treatment he received was unjust. He had a.s.sumed the reins of government at the behest of the people, when they had no ruler, and continued to act in that capacity, considering the open letter of the new sovereigns as a sufficient authorization. He was condemned unheard, receiving the treatment of a common malefactor. It is but just to say of him that he resigned his authority to the new government as soon as the Council had been sworn in, and as soon as he was properly apprised of his supersedure. He was prejudged by a court composed of his enemies, some of whom, on account of malice, were not qualified to try him. In 1695 his estate, which had been confiscated, was restored to his family.

Subsequently Parliament declared that Leisler had held under proper authority, set aside all acts of attainder and judgments which had been pa.s.sed against him and his a.s.sociates, and the bodies of Leisler and Milburne received the honor of a public reinterment. It was but tardy justice.

During Sloughter's administration many important changes were made. The government was placed upon a firm basis, and various courts were organized. Courts of Common Pleas and General Pleas were organized in every county, and the town governments a.s.sumed in a measure their present form. The number of supervisors was reduced to one from each town, with three surveyors of highways.