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Our Police Protectors Chapter 2, Part 1 By Holice and Debbie |
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CHAPTER II Obe Hendrick, First Constable under the English--Lighting the City
by Night (1668) -- Watchmen ordered to provide themselves with "a
Lantern and a Stick of Firewood" -- A Strict Police established
throughout the City -- Orders to be observed by the Constables' Watch,
etc. -- Rules governing the Watch -- New Police Regulations (1684) --
Dongan's Charter (1686) -- First uniformed Policeman -- Appointment of
a Civil Watch -- New City Hall, Wall Street -- Modes of Punishment
Inflicted on Criminals -- Montgomeries Charter (1730) --"
Insurrection and the Plot of Slaves" -- Quakers exempt from
serving on the Watch -- Petitioning against a Military Watch -- The
Old jail – Bridewell -- Occupation of the city by the British --
Evacuation. The first of the great political changes that New York has
undergone in the course of its history was its transfer from Dutch to
British rulership. It was marked, as might be expected, by a general
change of system in the administration of public affairs; the police
arrangements and regulations, like all the rest, undergoing radical
alteration. When, in 1664, the British fist seized the Dutch possessions in
America, the population of the New Netherlands had increased to
"full ten thousand,' and New Amsterdam contained fifteen hundred
inhabitants, and "wore an appearance of great prosperity."
Colonel Nicolls, who took possession of the colony in the name of the
Duke of York, proceeded at the earliest possible moment to make its
government conform to the English system. In 1665 he granted a charter
of incorporation to the inhabitants, under the administration of a
Mayor, Aldermen and Sheriff. These officials went to work promptly,
for in the same year they ordered "that six burghers do every
night keep the watch with the city." At a meeting of the city fathers, November 18, 1665, we learn that
the deputy Mayor stated that the Heer-General had proposed to him to
allow the burghers to watch anew, and, as the least expensive plan to
the city, it was proposed 'that each bring on his watch two sticks of
firewood, and the two one lantern." The Worshipful Court demurred, and thought it better still to
continue the two night watch, "and therefore Resolve to agree
civilly with them, together with two other volunteers, who should then
undertake the watch on the other nights." During this year Obe Hendrick was appointed the first Constable
under the English The law required that every town was to provide a pair of stocks
and a pound; and a pillory was to be erected in each place where the
courts of sessions were held. The city fathers, in on of their sessions, adopted a series of
resolutions, from the minutes of which the following paragraphs are
extracted: "Further, Class van Elsland and Pieter Schaafbank were also
contd (Continued) in their offices as Town Sergeants, receivers for
wages as much as they heretofore have received out of this city's
revenue. "Further, Resolved to send for the Court of Haarlem and the
Constable Recolverd Waldron by letter to come hither by Saturday
next." Happily a copy of this letter is still extant. It is about as odd
an official document as can be found in the annals of any country.
Here it is: "HONORABLE AND AFFECTIONATE FRIENDS: "These serve only that your Honors hold yourselves ready to
appear here in this city on Saturday next, being 17th June,
old style, with resolverd Waldron, and to receive all order as shall
be communicated, whereunto confiding, we commend your Honors after
cordial salutation unto God's protection." The end of this episode is no less farcical than the beginning. The
public record of the matter reads: "Resolveert Waldron, entering is notified that he is elected
constable of N. Haarlem, which undertaking he accompanied hath taken
the proper oath, and the Magistrates who accompanied him are informed
that they are discharged from their office; authorizing the aforesaid
Constable to select three or four persons who shall have to decide any
differences or disputes to the extent of five pounds sterling * * * *
and no higher, and the party who shall not be contend with the
decision of those elected as aforesaid shall be bound to pay to him,
the constable, the sum of six stivers, and further to bear the costs
of proceeding before his bench of Justice." Truly this was a notable state of things, when the Constable
appointed the Magistrates. However, many curious things happened in
those days. The oath administered to the Constable is also worthy of
attention. It is given in this form in the old records: "Whereas you are chosen Constable of this Cittye of New York
under the jurisdiction of Mayor and Aldermen; you do sweare by the
Almighty God that you will endeavor the preserving of the peace, and
the discovering, and preventing all attempts against the same, and
that you will faithfully and truthfully execute such warrants as you
shall from time to time receive from this Court, and in case you shall
absent yourself you shall make choice of some able man for your
deputy, and in all things demeane yourself as a Constable ought to. So
help you God." In 1668 the system of lighting the city by night was introduced.
The method adopted was a very primitive one, as appears from the
language of the ordinance: "Every seventh house in all the
streets shall, in the dark time of the moon, cause a lantern and
candle to be hung out on a pole, the charge to be defrayed equally by
the inhabitants of the said seven houses." Upon very dark nights
every inhabitant was required to have a lighted candle in his window.
At this time, too, a regular night-watch was employed, composed of men
who were paid for their services by the city. The Watch was set at
nine o'clock in the evening (when the city gates were shut and
locked), and was kept up until daybreak. It was maintained, however,
only during the winter months--that is, from the beginning of November
to the end of March, that being the period when the greatest danger
from fire was apprehended. Every Watchman was ordered to being with
him, when he went on duty, "his lantern and a stick of
firewood." On a fresh outbreak of war in Europe, however, New York, as New
Amsterdam was now called, received a summons to capitulate to a Dutch
squadron which appeared in the port in 1673. The town surrendered and
remained a dependency of Holland until February of the succeeding
year. In the interim its rulers were far more concerned with military
than with civil affairs, and a curious mixture of the two elements
will be found in all the proceedings of the time. A calm piety, we are
told, mingled with the deliberations of the Magistrates. The Schout,
Burgomasters, and Schepens opened their sessions daily at the City
hall with prayer. The governor, and his Council at the fort,
instituted a rigid supervision over the morals of the soldiery. A
strict police was established throughout the city. the place was
guarded day and night at every available point, the sentinels at the
fort mounting on the ramparts, and watching by the gate. Subaltern
officers made rounds during the night, visiting the walls, passing the
watchword, and changing the sentinels each half hour. the Mayor or
Burgomaster proceeded every morning with a guard of armed soldiers to
the fort, where he received the keys of the city from the Governor.
Then, accompanied by his guard, he opened the gates. He closed them
again in the evening, and having stationed the citizens' guard, or
Burgher-wacht, he returned the keys to the Governor. The following orders regarding the policing of the city were issued
in December of this year: "Whereas the fortifications of this city, New Orange, have at
great and excessive expense, trouble and labor of the burgher and
inhabitants, been almost completed, and it is therefore necessary for
the preservation of the same and better security of this city that
some orders be made; the Honbl H'r Governor Gener'll of new Netherland
doth therefore consider it necessary to enact and by publication make
know the following orders to the burgher: "Firstly, from now, henceforward, the burgher watch of this
city shall be set and commenced at drumbeat, about half an hour before
sundown, when the trainbands of this city, then on the watch, shall
parade before the City hall of this city, under the penalty previously
affixed thereunto. "Item, the city gate shall be closed at sundown by the Mayor
and his attendant trainbands, and in like manner opened at sunrise. "Item, the burgher, and inhabitants of this city, and all
others of what quality soever they may be, the Watch alone excepted,
are strictly interdicted and forbid to attempt coming from sunset to
sunrise on the bulwarks, bastion, or batteries of this city, on pain
of bodily correction. "Item, It is strictly forbidden and prohibited that any
person, be he who he may, presume to land within the city, or quit the
same in any other manner, way or means, than through the ordinary city
ate, on pain of death. And, finally, as it is found that the hogs
which are kept within this city in multitudes along the public streets
have from time to time committed great damage on the earthen
fortifications * * * * it is therefore ordered that persons take care
that their hogs shall not come to, in, or on the bulwarks, bastions,
gardens, or batteries, under forfeiture of said hogs, and double the
value thereof to be applied, the on-half for the informer, the other
half for the officer who shall put this in execution." In December, a proclamation was made, too, forbidding the
exportation of provisions from the city, and charging all good
citizens to lay in a supply for eight months. Evidently preparation
were in progress for a siege. The Dutch government plainly did not contemplate an easy surrender
of the New Netherlands, but made laws looking towards a long stay. One
of these ordered that all matters pertaining to the "police,
security and peace of the inhabitants" of New Orange, or, to
justice between man and man, should be finally determined by the
Schout, Burgomaster, and Schepens, unless the amount involved exceeded
fifty beavers, when a appeal "to the Heer Governor-General and
Council" was allowed. All criminal offences committed in the city
were amenable to the jurisdiction of the city officials who had power
to judge, and pass even sentences of death; but no sentence of
corporal punishment could be carried out until approved by the
governor or Council. But when, on February 9, 1674, the treaty of peace between the
States-General and England was signed, the New Netherlands passed
definitively into the possession of the latter country. Then the old
government by Burgomasters and Schepens disappeared for good, and the
modern officials of Mayor and aldermen took up a permanent position in
the public system. In March of this year (1674) sixteen persons were
employed to keep watch every night for one year. the compensation
allowed them (£32 each) will serve as an indication of the value of
money in the colony at that period. Eight men were also selected to
watch every second night' they were paid £16. The following year, a
committee, appointed by the Board of Aldermen to draw up orders to be
observed by the Constables' Watch and the Citizens-Soldiers, were then
issued, copies being delivered to the Captain of the Watch for their
guidance: "That the watch bee sett every night by eight of the clock,
immediately after ringing of the bell. "That the citty gates be locked up by the constable or Deputy
before nine of the clock, and opened in the morning presently after
daylight, and at the dismissing of the watch, and if any person goes
from, or absent himself without consent, he or they shall forfeit for
every such Default Tenn Guilders. "That the constable or his Deputy (the City Gates being shut)
be upon the Watch by nine of the clock, and by his Roole, call over
all the names of those who are to give their attendance there that
night, and the faylers to be marked to pay their fines, which is to be
as formerly, four guilders, pr every default. And if anyone comes to
the Watch after the Roole is called over, he shall pay half the fine
aforesaid. "That whosoever shall come upon ye Watch, that is overcharged
with drinke, hee or they shall pay halfe the aforementioned fine; but
if abusive or Quite Drunke, the whole fine to be paid as if absent and
secured upon the Watch all Night. "That whosoever shall presume to make any quarrel upon the
Watch, upon the account of being different nations or any other
pretense whatsoever, hee or they shall pay a while fine and be liable
to such farther sensure as the merit of the cause shall require. "That no Centinall shall presume to come off his duty until
hee bee reliefed under a severe sensure, which is to be at least
twenty guilders for a fine, and three days imprisonment. For the time
the officer upon ye Watch is to take care, that is to be equally
proportioned, and not to exceed one hour at a time. "That frequently rounds be made about the city; And especially
towards the Bridge; and not less than three times every night. "Upon complaint made unto the Court It is Ordered, that no
cursings or Swearings shall be suffered upon the Wattch, for any
gaminge at Dice or Cards, nor any exercise of Drinkage upon the
Penalty of four guilders for every such offence. "If any disorders are committed upon the Watch contrary to the
tenure of this Order, the constable or his Deputy shall give an
account thereof the following morning to the Mayor or Deputy Mayor. "That a list of the fines be brought by the Provost to the
Mayor or Deputy Mayor every month, after which there shall be power
granted to levye the fines by distress; if not otherwise satisfied. 'The Sergeant belonging to every Watch, shall come with Halbert and
see that every night one of the Wattch being his armes, that is to say
his sword and good halfe Pike on the Penalty of four guilders for
every offense. "All Citizens are hereby ordered to have in readiness in their
houses for every head one good muskett or Firelock with Powder and
ball, with 6 charges of Powder &c, 6 of call at least upon the
penalty of four guilders for the first offence, double for ye second,
and treaple for the third offence. And the officers of each Company
are required to make, or cause to be made, a due search for the same
as often as they shall see cause, and at least four times every year.
"It is also Ordered that the Citizens Soulders upon all occasions
shall appear with good armes before their Captaines Coullers at the
first beating of their drums on the penalty of thirty guilders for
every default. And for not appearing with good and sufficient armes,
for every default tenn guilders." On December 6th, 1675, the inhabitants, to protect
themselves against the Indians, raised the following guard, which was
divided into four Corporalships, each consisting of seven persons.: "First:--Adolph Meyer (Corporal); Meyendert L. Journey; David
Des Marets; Danl. Tourneur; Nicholas DeVaux; Isaac Kip; and John
Hendrikse. "Second:--John Nagel (Corporal); Joost Van Obliuis; Jno.
Hendrickse Kyckuyt; Jan de la Maistre; Johannis Vermilie; Jean LeRoy;
and Isaac Le Maistre. "Third:--Simeon Courrier (Corporal); Cornelius Jansen; Daniel
Demarest; Lawrence Jansen; William Palmer; Isaac El Voce; and --------Rademaker. "Fourth:--Robert Halles (Corporal); Resolverd Waldron; Arent
Harmanse; Conrad Hendrickse; David Demarest; Cornelius Lenses; and
Isaac Cil, Jr. The following rules, by which the Watch were to be governed, were
issued in connection with the above: "1. Either the whole or half of the corporalship, according to
turns, shall at 8 o'clock in the evening at the beating of the drum,
appear at the watch-house and place their sentinels and take their
necessary rounds, and not retire before the morning reveille shall be
beaten, in the penalty of three guilders. "2. Whoever shall neglect the watch without a lawful excuse,
or the corporal's permission, shall be fined for every offense six
guilders. "3. The watchmen shall come tot he watch with suitable side
and hand arms, with sufficient powder and lead, under the penalty of
three guilders. "4. The watch is to be kept quietly without much noise of
clamor, in the penalty of three guilders. "5. And the fines that occur in the premise shall be reported
and collected." In 1676, a fresh set of regulations were promulgated, by which the
watch was ordered to be set at eight o'clock in the evening
"immediately after the ringing of the bell." The gates, as
before, were to be locked before nine o'clock, and opened in the
morning "presently after daylight, at the dismission of the
watch." Should any one come upon the watch overcharged with drink
the penalty imposed for such offense was two guilders. The rule about
quarreling among persons of different nationalities is renewed, and a
fine of twenty guilders is to be imposed on my "centinel"
who leaves his post. "No cursing or swearing," it is
ordained, "shall be allowed upon the watch, nor any gamings at
dice or cards, now any evidence of drinkings upon the penalty of four
guilders." A list of fines is to submitted from time to time by
the provost to the Mayor. There are other rules similar in character,
and almost in the same words as those already quoted. At the meeting of the Common Council held on the tenth day of July,
the Recorder acquainted them that the occasion of their meeting was to
consider a way most suitable for establishing a Watch in the city,
"itt being thought convenient that the military officers and
troopers be excused therefrom, and proposes a rate for the same on
each house." It was then ordered that the Constables in the five
Wards of the South side of the Fresh Water should watch by turns
successively on each night and should provide for this assistance on
the Watch eight persons, "the hyre for whole service shall be
paid to each twelve pence per night and out of the City
Treasury." The succeeding year three constables were appointed for the city.
Resolved Waldron was sworn in as constable for Harlem, October 14,
1678. That all these regulations were not made for the mere sake of form,
may be inferred from a document, still extent, being date of December
18, 1678. It is addressed by Peter Jacobs, "Marius" or
Mayor, to the Provost. "forasmuch as I am informed," says
His Honor," that several persons do refuse or neglect to watch or
to pay for ye same, and that several others do not conforme themselves
according to the orders sett up in the watch-house in ye Citty Hall.
These are therefore to charge and command you that you forwith levy of
all and every person and persons so neglecting and offending, all and
every such time and times summe and summes of Money as in and by the
said orders is mentioned and expressed (yet unpaid)." Arreares
are to be collected, and if necessary, the offenders' goods are to
sold. Finally a return of all the offences and the sums collected is
to be made to the Mayor as soon as possible. On February 10, 1678, Mr. Jacobs signed, in company with Jacob D.
Hay and Garret Van Tricht, another characteristic document, which
reads thus:--"This is to certify all it may concerne that ye
Elders and Deacons with this government have been excused from the
Citty Watch." In 1681, A. Brockhotts being Mayor, orders for the regulation of
the military watch were drawn up. The most important features of the
earlier regulations are repeated, and it is enacted that "the
Captain or other Commission officer doe cause frequent rounds to be
made about the City through all the streets and lanes, and the Grand
rounds by him or themselves" if there be need. Good order is to
be kept in all "publick houses," and persons are not be
allowed to tipple in those places after "tenn of the clock."
The officer of the watch was empowered to open and search any houses
which he may suspect, and if he "finde any loose vagrant or
disorderly persons that cannot give a good account of their lives and
converscons, and of their occasions abroad or up in night." he
may cause such persons to be secured in the watch-house, and brought
before the Mayor in the morning. According to this ordinance, a list
of forfeits for non-performance of duty is to be made up every third
night, and turned over to the marshal, who is to make an immediate
effort to collect the fines. Detailed orders to be observed by the military watch were issued in
1682. Each company of the militia were ordered to take their guns for
the watch and guard. The city was divided into three divisions, each
commissioned officer taking command of his division on the watch
successively. The watch was set every night by the Captain or other
commissioned officer at eight o'clock. The city gates were locked by
the Captain, and opened in the morning after daylight at the dismissal
of the watch, and other like rules and regulations were established. Governor Andros was superseded by governor Dongan, who arrived in
the city on August 25, 1683. He is described a having been a man of
broad and intelligent views upon all subjects of general interest, and
moreover, as being an accomplished politician. He gave the colony its
first legislative assembly, which met in New York on October 17, and
consisted of the Governor himself, ten councillors appointed by him,
and seventeen representatives elected by the people. He very early
divided the city into six wards, and the inhabitants of each were
empowered to elect an Alderman annually to represent them in the City
Council. Shortly after his arrival, the municipality addressed a
memorial to him on the subject of the administration of civic affairs.
He and his council asked for some further information on obscure
points. The result was the following document, which is valuable, not
only for the light it throws on the prevailing system, but also for
its quaintness as an old-time colonial document: "An explanation of several heads contained in ye petition
lately presented to his honour ye governor by ye Mayor, Aldermen and
commonalty of ye Citty of New Yorke, pursuant to he desire of the
Governor and Councill. "Humbly presented to his honour's ffurther consideration. "The towne of Harlem is a village within and belonging to this
Citty, and Corporation, and ffor more easy administration and despatch
of justice, officers have been annually appointed by ye Mayor and
Aldermen to hold courts and determine matters not exceeding 40s., both
att Harlem and the Bowery, and shall do ye like ffor ye future, and is
entended to be one of ye six wards. "A marshall is an under officer assistant to ye sheriff in
serving writs, summoneing jurors, looking after prisners and attending
ye courts, and that office and ye Cryer hath hitherto been one person. "Peculiar laws are laws and ordinance made by ye Mayor,
Aldermen and Common council ffor ye well and good government of this
Citty and Corporation, and to extend as far as the limits thereof. "Court of judicature is a court to heare and determine all
causes and matters whatsoever brought before them, both civil and
criminall, not extending to life or member, and had jurisdiction over
all ye inhabitants within the citty and Corporation, and over ye
Harbours and all Bayes, Coves, Creeks, and Inlets belonging to ye
same. "The whole Island being one Corporation, ye inhabitants are
all members of one body and conceive no need of distinction, the
Mayor, Aldermen and Common Council having ye care and charge to make
all things as easy and convenient ffor ye inhabitants as possible, and
will have ye same regard thereto as fformerly. "A Watter Bailiff is an officer belonging to a corporation,
and ye sheriff of this Citty hath usually exersed ye office belonging
to a corporation, and ye Sheriff of harbours, bayes, coves, creeks,
and inlets belonging to this Citty and corporation by warrants ffrom
ye Mayor, Sheriffe, or others his superiors to him directed as
Sheriffe and Watter Bayliffe, as well in civil as criminall matters
what belongeth to ye Gourvernor or prerogative think not ffit to
meddle with or any ways restraine." The City Council established by Governor Dongan issued new police
regulations in 1684, including a new code for the government of the
City Watch. Concerning this code, it is only important to note that it
contained in one digest all scattered regulations previously adjusted.
The only changes are changes of spelling, but as spelling in those
days was very free from rule or regulation of any sort, the variations
do not call for detailed record. On February 15, however, some important rules were adopted for the
general guidance of the citizens. Both as illustrating the life of the
period, and the sort of offences that the guardians of the peace of
that day had to take account of, these ordinance will repay perusal.
Summarized, they were as follows:-- "ORDERED, that no manner of servile work be done on the Lord's
day; penalty 10s., and double for each repetition. "That no "youths, maydes, or other persons" meet
together in the streets or places "for sporte or play;"
penalty 1s., and double for each repetition. "That no publick house sell an liquor on that day during
divine service, unless to travelers. "That no Negro or Indian slaves, above the number of four, do
assemble or meet together on the Lord's day, or at any other time, at
any place from their master's service, within the liberties of the
city. "That noe such slave doe goe armed att any time with guns,
swords, clubs, staves, or any kind of weapons whatever, under the
penalty of being whipped at the publique whipping post, tenn lashes,
unless the master or owner of such slaves will pay 6s. to excuse the
same." |
| 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 2015th Visitor to this USGenNet Safe-Site™ Since August 22, 2004 |