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Our Police Protectors Chapter 1, Part 1 By Holice and Debbie |
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CHAPTER I. Charter Establishing the Dutch West India Company (1621) --
Director-General Minuet's Council--Duties of the Schout-Fiscal --
First Trace of a Penal or Police system (1623) -- the island Assuming
an Aspect of Permanent Settlement (1639) -- a Reason why Justice was
Administered with Great Promptness -- Erection of a Stadt Huys (1642)
-- Regulations for the Better Observance of the Sabbath --
Establishment of a Burgher Guard (1643) -- New Regulations
Contemporaneous with the Arrival of Governor Stuyvesant -- A Career of
Reform--Ordinance Regulating the Sale of Liquor -- Appointment of a
Rattle Watch (1651) -- The City Incorporated (1652) -- the Police of
the City Chiefly Centered ina Schout -- Regulations of the Burgher
Watch -- Dirk Van Schillwyne, First High constable (16550 --
Organization of a Paid Rattle-Watch (1658) -- Instruction for the
Burgher Provost -- Records of Court Cases -- Capture of the Province
by the British. Every historical narrative relating to the city of New York must of
necessity be a history of progress. Whether the broad course of
general events be followed, or some particular phase of the city's
life be made the theme, the result is the same. Growth, development,
progress underlie every change; and give a splendid vitality to every
event. It is proposed in this volume to give a history of the New York
Police Force--a history of that system by which the great public
protects itself against its natural enemies. This narrative will,
indeed, be one of progress. Starting from beginnings as humble as
those of the infant city itself, it will, by an unbroken series of
steps, arrive at a breadth and perfection of system commensurate with
the modern glories of the American metropolis. This will be the most
remarkable feature of the story, that--speaking broadly--there is
neither defeat, failure, nor stagnation to be chronicled. When the
force stands still as respects numbers, it is becoming more perfect in
organization; when development ceases for the moment in its
organization, it is gaining in power and efficiency. All the world knows that in 1609, the year of Dutch
independence--surely a good augury -- Henry Hudson, an Englishman
sailing under the colors of the Netherlands, started on a famous
cruise in search of the Northwest passage to the Pacific. He did not
find it, but instead discovered the noble river which immortalizes his
name. Hudson planted the flag under which he navigated on the wooded
shores of the river and the bay, proclaiming he land a dependency of
their Highnesses the States-General of Holland. Manhattan island, we are told, was named by the Indians Man-a-hatta,
to denote not only the landing-place of the discoverer, but the
effects of the "mad waters" which he gave to the natives in
his first interview; the literal interpretation of the name being
"the place where we all got drunk." The Dutch very speedily began to make use of their new dominion.
The trade in furs was wonderfully good, and as early as 1613 trading
posts were established on Staten and Manhattan Islands. In 1614 the States-General granted a trading charter which
recognized "New Netherland" as a Dutch territory. New Amsterdam was the title by which the Hollanders distinguished
their little dorp, or village, the nucleus of which had been formed by
a few huts erected as early as 1613 for sheltering their fur trade and
whale fishery, on the point where it is supposed Hudson had landed. By
that name it was known for more than forty years as the capital,
during the administrations--1625 to 1664--of Minuet, Van Twiller,
Kieft and Stuyvesant, the successive Directors or Governors-General of
Novum Belgium, or New Netherlands, a province, which embraced portions
of the present States of Delaware, New Jersey, New York and
Connecticut. The charter establishing the Dutch West Indies Company was granted
on June 3, 1621, and the supervision and government of the company
were lodged in a board or assembly of nineteen delegates. The company
was empowered to raise forts, to administer justice and preserve
order, and with the consent of the States-General, appoint a Governor
or Director-General, and all other officers, military, judicial and
executive, all being bound to swear allegiance to their High Mightiness
and the Company. The Director-General and his council were
then invested with all powers--judicial, legislative and executive,
subject in certain cases to appeal to Holland. In 1624 peter Minuet, the first Director-General, arrived at new
Netherland. His council consisted of Pieter Bylvelt, Jacob Elbertsen
Wissinck, Jan Janssen, Brouwer, Symen Dereksen Pos, and Reynert
Harmenssen. This council had supreme authority, and all its
proceedings, whether criminal or civil, were instituted and conducted
by an officer call a "Schout Fiscal," whose duties were
equivalent tot hose performed by a sheriff and an attorney-general. He
was charged principally with enforcing and maintaining the placards,
laws, ordinances, resolutions and military regulations of their High
Mighinesses, the States-General, and protecting the rights, domains
and jurisdiction of the company, and executing their orders, as well
in as out of court, without favor or respect to individuals. He
superintended all prosecutions, and suits, but could not undertake any
actions on behalf of the company, except by order of the council; nor
arraign, nor arrest any person on a criminal charge, except on
information previously received, or unless he caught him in flagrante
delictu. In taking information he was bound to note as well those
points which made for the prisoner as those which supported the charge
against him, and after trial he saw to the faithful execution of the
sentence pronounced by the judges, who, in indictments carrying wit
them loss of life and property, were not be less than five in number.
He, moreover, attended to the commissaries arriving from the Company's
out-posts and to vessels arriving from and leaving for Holland,
inspected their papers, and superintended the loading and discharging
of their cargoes, so that smuggling might be prevented. He transmitted
to the directors in Holland copies of all information taken by him, as
well as of all sentences pronounced by the court, and no person was
kept long in prison at the expense of the Company without special
cause, but all were prosecuted as expeditiously as possible. This
office, perhaps the most responsible in the colony, was filled, during
the administration of Director Minuet, by Jan Lampo, of Cantelberg. The nucleus of a permanent settlement was formed by the arrival of
a number of emigrants in 1625. Director minuet "took up his
residence in the midst of a nation called Manhates, building a fort
there, to be called Amsterdam, having four points, and faced outside
with stone, as the walls of sand fall down, and are now more
compact." The population consisted of two hundred and seventy,
including men, women, and children. Director Minuet rebuilt the fort
and planned out something in the guise of a town--a very small one
indeed--about it, 1629. Wouter Van Twiller succeeded Minuet in 1632, and in his day we find
the first trace of penal or police system. It may readily be imagined
that with the scant population and the simple mode of life that was,
perforce, led by all, there was very little necessity indeed for any
written law or display of constituted authority. Still we find that a
"gibbet, or whipping post" was set up close to the water's
edge. The method of punishment was curious. The transgressors, it
appears, were fastened to a line by their waistband, and being hoisted
from the ground, were left suspended in spread-eagle fashion,
"such length of time as their offenses warranted." No doubt
the correction was as salutary as it must have been unpleasant, and
tended to intimidate such elements of disorder as existed at the time. Notwithstanding this landmark of penal legislation, however, the
colony, taken as a whole, was "a good land to fall in with, and a
pleasant land to see." We are informed that such was the peaceful
and orderly disposition of the inhabitants at this very early day--and
for some years after--that police regulations were almost entirely
unknown, "not even a sentinel being kept on duty." The good
folk of New Amsterdam were distinguished for their good nature, love
of home, and cordial hospitality. So strict were the early notions of
propriety, that to be out after nine o'clock was considered a certain
sign of bad morals. There were also among the Dutch, individual characters whose former
pursuits and vagrant modes of life little fitted them to patiently
endure personal injuries or insult. Some had been freebooters among
the islands in the Gulf and been thorn by the waves of fortune upon
this scene of adventure, and some though brought hither by ordinary
currents of trade and speculation, were adventurous and sanguine
spirits, diverted to new pursuits from the military service. Among other improvements brought about by Van Twiller was the
erection of dwellings "for the corporal, the smith, the cooper,
and the midwife," person who must have held positions of no small
importance in these early days. William Kieft became Director or Governor of the new Netherland in
1638, and in the following years considerable bodies of settlers
arrived from Holland under Captain de Vries, and Jochem Pietersen
Kuyter and Cornelius Melyn. The island, or at least is southern part,
began to lose its savage aspect fast. Some thirty farms were under
cultivation, and the country about the walls of the fort resembled a
blooming garden. Previously the population had been mainly composed of
traders in the employ of the West India Company, who, having no
intention of making the place a permanent home, were content to live
in any sort of huts. Now, however, many better homes were built, and
an aspect of permanent settlement began to mark the place. Apropos to the primitive form in which justice was administered
before Director Kieft's arrival, a good story is told, which, if it be
not literally true, is at least characteristic. One of the reasons, it
is said, why justice was administered with great promptness and
impartiality was that there were no lawyers, and every man either
pleaded his own case, or let judgment go by default. There appeared at
last in the colony, however, a certain pettifogger or "Doddipol
Jolterhead," as the chronicle hath it, Bobes Van Clapperclip by
name. In pleading a cause respecting the right of geese to swim in the
pond at the head of New Street--before Alderman or Schepen Van
Schlegevalkher--he made the only long speech on records at that
period. His eloquence was so great that he caused his clients to be
incontinently non-suited, for the Alderman, losing all patience with
this pleader, gave himself up to the embraces of the "balmy god.'
and slept out the remainder of the term. Governor Kieft was possessed of a busy, bustling temperament, and
his energies found plenty of room in New Amsterdam. His
administration, in the main, was calculated to benefit the place in no
small degree, doing much towards the establishment of a firm basis of
law, and much in the way of material improvement. Most notable of the
latter was the erection of a Stadt Huys--State House, or City hall--on
the corner of pearl Street and Coenties alley, fronting on Coenties
Slip. This building was put up in 1642, and, besides containing rooms
where the Governor and his council could meet, had accommodations for
the municipal authorities, a school-room, a watch-room, and dungeons
in the cellar. The building saw many notable scenes in its day--the
mark of progress has long since swept it from the face of the
island--among them the transfer of sovereignty from the Dutch to the
British government in 1664 and 1674, and the holding of the first
Court of Admiralty in the province by Governor Nichols in 1665. The Stadt Huys was taken down in the year 1700. It was built
originally at the cost of the government as a city tavern, but was
presented to the city in 1655. The chamber occupied for the sitting of
the Magistrates was on the south-east corner of the second story, the
prison chamber being in the rear--on the other side of the
house--facing a yard which extended to "Hough Street." Upon
the roof was a cupola in which was hung a bell in the year 1656, which
was rung for the assemblage of the Magistrates, and also on occasions
of the publication of proclamations, which were done in front of the
hall. The Bell-ringer for a number of years was Jan Gillisen
(familiarly called "Koeck.") this ancient edifice, which was
substantially built of stone, stood until the year 1699,--nearly sixty
years--when it gave place to the City Hall, in Wall Street, at the
head of Broad Street. The gallows, by a barbarous anomaly, had been regarded as an
evidence of civilization. In that case New York in colonial times must
have reached a high state of refinement. It did not take much to send
a poor wretch to the gallows, or to burn him at the stake, or to break
him by torture. Among the earliest institutions of the budding
province were jails, prisons, a bridewell, and houses of correction.
Previous to the building of the Stadt Huys, there was a prison, or
place of confinement for prisoner, within the old fort; but on the
building of the City hall it ceased to be used for that purpose. The Governor issued regulations for the better observance of the
Sabbath; interdicting the tapping of beer during the hours of divine
service or after ten o'clock at night; brawling and all kinds of
offenses were to be punished by the severest penalties. In carrying
out his reform measures, Governor Kieft seems to have found the town
bell an efficient ally. It was rung every evening at nine o'clock to
warn the inhabitants that it was time to be within doors, if not in
bed; and it was rung again at stated hours in the morning and
afternoon, to mark the proper hours for going to labor. It was also
rung as a preliminary to the reading of the Governor's proclamations.
That these last were not mere empty threats may be sufficiently judged
from the following sentence, imposed during one of the later years of
Kieft's incumbency: "For drawing his knife upon a person, Guysbert Reygerslard is
sentenced to throw himself three times from the sailyard of the yacht
Hope, and to receive from each sailor three lashes at the ringing of
the bell." A Burgher guard having been established (the first of which we find
any record, an ordinance of the Director and Council of New Netherland
in relation thereto was passed November 19, 1643, as follows: "1. If any one, on the Burgher guard, take the name of God in
vain, he shall forfeit for the first offense ten stivers; for the
second, twenty stivers; and for the third time, twenty stivers. "2. Whosoever on the Burgher guard speaks ill of a comrade
shall forfeit thirty stivers. "3. Whosoever comes fuddled or intoxicated on guard, shall,
for each offense, pay twenty stivers; whosoever is absent from his
watch, without lawful reason, shall forfeit fifty stivers. "4. After the watch is duly performed and daylight is come,
and the reveille beaten, whosoever discharges his gun or musket
without orders of his Corporal shall pay one guilder." Kieft's administration was marked by Indian Wars, provoked in great
part by the Director-General's imprudence. These wars almost
depopulated the colony of New Amsterdam, and in the end led to his
re-call. Peter Stuyvesant, Kieft's successor, came out in May, 1647. New
regulations were established, contemporaneous with his appointment,
for the government of the province. The Director, Vice-Director and
Schout constituted the Council, and had supreme authority in civil and
military affairs. The fort was repaired and a permanent garrison of
fifty-three men maintained. The colonists were counseled to provide
themselves with weapons and to form a provincial militia. he began a
career of reform immediately on his arrival, with all that
impetuosity--not untempered by sound sense--which was displayed in his
whole career. Here is one of the first of his manifestos, translated,
of course, form the original Dutch. "Whereas, we have observed and remarked the insolence of some
of our inhabitants, who are in the habit of getting drunk, of
quarreling, fighting and of smiting each other on the Lord's Day of
Rest (of which, on the last Sunday, we ourselves witnessed the painful
scenes, and to the knowledge of which we came by report) in defiance
of the magistrates, to the contempt and disregard of our person and
authority, to the great annoyance of the neighborhood, and finally to
the injury and dishonoring of God's holy laws, and commandments, which
enjoin upon us to honor and sanctify him on this, His Holy Day of
Rest, and which proscribe all personal injury and murder, with the
means and temptations that may lead thereunto. "Therefore, by the advice of His Excellency, the
Director-General, and out ordained Council, here present, to the end
that we may, so far as it is possible and practicable, take all due
care and prevent the curse of God instead of His blessing from falling
upon us and out good inhabitants, do, by these presents, charge,
command, and enjoin upon all tapsters and innkeepers, that on the
Sabbath of the Lord, commonly called Sunday, before two of the clock
in the afternoon, in case there is no preaching, or otherwise, before
four of the clock (in the afternoon) they shall not be permitted to
set, nor draw, nor bring out for any person or persons, any wines,
beers, nor any strong waters of any kind whatsoever, on whatever
pretext, excepting only persons traveling and the daily boarders that
may from necessity be confined to their places of abode, in the
penalty of being deprived of their occupations, and, over than, in the
penalty of six Carolus guilders for each person that during said time
may or shall have run up a score for wine or beer in their house. "And to the end that we may take all due care to prevent all
rash drawing of knives, all fightings and personal injuries, and all
catastrophes resulting from the same, any person or persons who shall
rashly or in anger draw any knife or dagger against any other person,
shall be fined the penalty of one hundred Carolus guilders, or in
failure of payment of the same, they shall be put to the most menial
labor, with bread and water for this subsistence; or in the case any
person shall have been wounded thereby, the penalty shall be three
hundred Carolus guilders, or an addition half year's confinement to
the most menial labor, with bread and water for their subsistence. "WE also do charge and command our Fiscal, our Lieutenant, our
Sergeants, our Corporals, and every one of our citizens and
inhabitants, as well as the soldiers, on all occasions to take measure
that all such persons be pursued and apprehended, so that they may be
proceeded against and dealt with as the law directs." Plainly the people of the colony had grown very bad in a little
while. They had a very vigorous ruler over them now. The proclamation
just quoted was shortly followed by a second, in which His Excellency
set forth that he had learned that the former one was disregarded.
Many persons, he says, are diverted from their proper calling to that
of tapping by the ease with which profits are realized, so much so
that "almost one full fourth part of the City of New Amsterdam
have become bawdy houses for the sale of ardent spirits, tobacco, and
beer." The company’s servants, the Governor says, are thus led
astray, and the youth are corrupted. "Honest inns," too,
established for travelers and strangers, and which pay their taxes and
excises righteously, were seriously interfered with in their lawful
business. His Excellency therefore orders that from that time forth,
no new tavern, inn, or other place for the sale of liquor shall be
opened without his consent, and those in the business already are
notified that within four years, they must close and employ themselves
in more "honest business." Other ordinances were framed causing the removal of hog-pens and
out-houses from the highway; prohibiting trespass upon enclosed
orchards, fields, or gardens, under penalty of a hundred guilders; and
ordering that all the inhabitants put their plantations in good fence
so that cattle may be kept out. A pound was established for
trespassing cattle; greater stability in building was enjoined; and it
was decreed that all grants of land should be revoked unless
improvements were made within nine months. From such simple and primitive regulations have germinated the vast
system of police laws and ordinance of our day. In 1648, Governor Stuyvesant also appointed fire wardens for the
first time. Their duty was to inspect all the chimneys at stated
intervals. It will be interesting at this point to take a glance at the system
of administration that prevailed in the colony and in the city. The
Director-General was vested with almost autocratic powers. He
appointed all public offices, save such as were sent out from Holland;
he made laws, imposed fines, levied taxes, inflicted penalties,
incorporated towns, decided all civil and criminal causes of magnitude
except capital case, which were sent to Holland for trial--without the
aid of a jury, and settled appeals from lower tribunals. The Governor
was aided by a council of five of the best men of the colony. Next in
importance to him were the Koopman and Schout-Fiscal, the former being
the secretary of the West India Company's warehouse. The latter, as
had been said, discharged the collective functions of sheriff and
attorney-general, and was, besides, the executive officer of the
Director and Council, and custom-house officer. The Schout-Fiscal was
allowed to sit in the Council during its deliberations, but had no
voice in the proceedings. He had no stated salary for his multifarious
services, but was compensated by certain fees allowed him in
particular cases. The appointment of a Rattle-watch led, on October 12, 1651, to the
adoption of the following rules: |
| Our Police Protectors, History of the New
York Police, Published for the benefit of the Police Pension Fund, by
Augustine Costello, Published by Author, 1885.
Transcribed by Holice B. Young HTML by Debbie You are the 2339th Visitor to this USGenNet Safe-Site™ Since August 22, 2004 |