Proposition of the honorable Director General Petrus Stuyvesandt
With the advice of the council we brought away the ship St. Beninjo from the Rooberch, otherwise called New Haven by the English, and on last Friday, being the 11th instant, examined the skipper, pilot, supercargo Goedenhuysen and all his officers, in presence of us and the council, on the interrogatories prepared for that purpose, all of which were distinctly read to them and also answered by them.
First, that the ship sailed from Patria for New Netherland without commission from the Prince or the States, and without proper authority from the Chartered West India Company, chamber at Amsterdam, or any others, save only a commission from the chamber of the North Quarter to get a cargo of salt within the limits of the charter, [ in ] the West Indies, from the Orinoco or westward to the coast of Florida, without leave to break bulk elsewhere than therein specified; which commission and authority he clearly exceeded, voluntarily and deliberately setting his course straight towards New Netherland, where he not only broke bulk before New Haven, but almost completely discharged his ship of all its cargo.
Second. It appears by the confession of his crew and of Samuel van Goedenhuysen that on the merchandise brought with them they nowhere paid any duty or customs.
Third. That articles of contraband were brought in the ship and landed, among others 300 pounds of powder and ten guns, packed in a cask marked R. X. P; also that there are still about 400 or 500 pounds of powder in said ship, brought along with no other intent than to trade them in this country according to the declaration of the owners themselves.
Fourth. It appears that the skipper had already planned in the fatherland to defraud the Company, as he had engaged his crew to go to the English Virginia and thence to New Netherland, as they declared; or, as the charter reads, to all free and unfree places.
Fifth. Their deceit and guilt is manifest from their own confession and declaration, which is confirmed by the affidavits of Secretary Tienhoven and Carel van Bruggen, whom the supercargo and skipper requested to secure from us and the council permission to come here unmolested, pay the lord his due, and to cry Pater pecavi.
Sixth. It is shown by their own confession and proved by the circumstances that as they cheated and defrauded the honorable directors In the fatherland, so did they intend to do here, petitioning by their agents and offering to acknowledge their fault and pay the regular duty, which they did not intend to do, only to gain time and delay. This is proved by their own statement and declaration and by the case itself. Their declaration, that of Supercargo van Goedenhuysen as well as that of the skipper, pilot and the common sailors, is a [ lie ], for that they were ready to sail, not to come here, but to go to the English Virginia, is confirmed by the circumstances and the case itself, because up to this moment they had not sent or entered one piece of goods, or paid one farthing of duty, which is proof enough that the ship going empty to the Virginia would have sought there nothing else than a cargo of tobacco and not paid us or the Company a dolt, either on the merchandise or the return cargo.
Seventh. The unfree nature of the ship and goods appears by the action of the English nation, who first endeavored by persuasion and afterward by force to recover the ship from us, as the commissary of naval stores, Paulus Leendersz, Carel van Bruggen and all the soldiers and sailors can attest.
Therefore, the opinion of the council is asked, what is to be done with said ship and whether it is not subject to confiscation, as we think it is, with all its appurtenances. This 15th day of October 1647. Was signed: P. Stuyvesant, L: van Dincklaghe, la Montagne, Brian Newton, Powelis Leendersz van die Grift and A: Keyser.
On the 16th of October 1647
Cornelis Claesen Snoy, master of the ship St. Beninjo being legally summoned, appeared before the council, where he was asked if he, the skipper, had any other or better papers or commission than he had delivered or exhibited up to this time. Furthermore, [ he was told ] that if he had anything more to produce for the release of himself and his ship, he must do it now. The said Cornelis Claesz Snoy gave for answer that he had no other or better commission or papers than those which he had exhibited and, therefore, that for the present he had nothing more to produce for the release of his ship and the cargo. He requests that the director general and council may not proceed against him with the utmost rigor of the law and he acknowledges that he did wrong.
The honorable Petrus Stuyvesandt, director General of New Netherland, Curaçao, and the islands thereof, and the honorable council, having examined and heard Cornelis Claesz Snoy, skipper of the ship St. Beninjo, and the pilot, Jan Tepjes, and all of the ship's officers and sailors, as is more fully to be seen and read in the interrogatories to that end prepared, in which it is admitted that the said skipper engaged his crew to sail to the English Virginia, to stop at 99 places and not to pass the hundredth, both free and unfree, according to the agreement made with the crew; [ it appears ] that he set his course straight toward New Netherland, arriving at the Roodeberch, by the English called New Haven, In New Netherland, and came there, into the district and limits of New Netherland, without commission from the Prince or the States, or consent of the honorable directors of the West India Company, chamber at Amsterdam, much less paying duty to the same, and broke bulk and discharged and landed all his goods and merchandise at New Haven aforesaid, except some ropes and a few other goods, as by the inventory more fully appears. Furthermore, it appears by a declaration of the ship's crew that contraband goods, such as powder and guns, were landed from said ship and that at present, exclusive of the ship's powder, between three hundred and four hundred pounds of gun powder are still found in said ship in brandy kegs. The skipper himself also acknowledges the crime and fault which he has committed, which appears by the interrogatories of the 11th of October, and on the 16th instant admitted that he had done wrong, and therefore requests moderation of justice, declaring also that he could not produce any further or better commission, or papers, or documents, than those which he had already submitted for defense of his ship and goods. It also appears by the confession of said skipper and the crew that they did not mean or intend, according to their promise and request, to sail toward the Manhatans in front of the city of New Amsterdam, which was graciously permitted them on paying the regular duty, but on the contrary that they lay with their sails set ready to sail to the English Virginia with the first fair wind that God would vouchsafe them. From this it is manifest that their request had no other object than to deceive the honorable director general here, as they did deceive the honorable directors in the fatherland, more especially, as after the receipt of the permit several sloops came here from New Haven, but with no goods of the skipper Westerhuysen, or Samuel van Goedenhuysen, and it does not appear that they attempted to pay one farthing. All of which aforesaid matters greatly tend not only to the injury and damage of the honorable directors, who were thus wickedly defrauded of their duties, revenues, and rights, which were granted them by their High Mightinesses in consideration of their great and excessive burdens they have to bear, but also to the ruin of this province and the other merchants, who honestly pay the duty, and all other inhabitants in general, as well as to the ruination of the trade in this country. All of which having been duly weighed and considered and regard having been had as to all that is to be done and observed in this matter, after having invoked God's holy name, we find this to be of very grave consequence and to tend not only to the great loss and damage of the honorable directors of the Chartered West India Company, chamber at Amsterdam, but also to the ruin of all merchants and inhabitants who honestly pay duty and whom these smugglers and defrauders of the public duties undersell, and also especially to the utter ruin and destruction of the trade with the Indians, which by such persons, God help them, is almost totally ruined; and in order to prevent such fraud in the future, we, Petrus Stuyvesant, director general of New Netherland, Curaçao, and the islands thereof, and the council, administering justice, as we do hereby, in the name of their High Mightinesses, the Lords States General of the United Netherlands, his Highness of Orange, and the honorable directors of the Chartered West India Company, for the reasons and causes aforesaid, do declare the aforesaid ship St. Beninjo, with all the goods now laden therein, subject to confiscation; wherefore, then, we confiscate, as we do hereby confiscate, the said ship and goods to the behoof of the honorable directors, save that public notice shall be given on three consecutive court days, so that any one who has any claim may within that time show cause why the ship and goods should not be subject to confiscation.
Thus done in council at Fort Amsterdam in New Netherland, where were present, the honorable general, Mr. Dincklagen, La Montagne, Briant Newton, Paulus Leendersz and Adriaen Keyser, the 16th of October anno 1647. Was signed: P. Stuyvesant, L. van Dincklaghen, La Montangne, Brian Newton, Poulus Leendersz van die Grift and Adriaen Keyser.
In the margin was written: Nothing having appeared to this date when the last proclamation was made in defense of said skipper, except what has already been mentioned in the judgment and appears more fully by the documents, therefore, we hold the aforesaid judgment concerning the confiscation of the ship valid and, therefore, we do confiscate, absolutely and without further appeal, said ship and her appurtinances to the benefit of the Company. Thus done in council at Fort Amsterdam in New Netherland, the 2lst of February anno 1648, in New Netherland.
[i] Whereas the commissary of Fort Orange (which is a place of much consequence to the honorable directors, both with regard to the extension of their limits and the trade) has absconded from there upon the report of a certain infamous and scandalous crime which it was said he had committed, and therefore, said place is vacant and it is highly necessary that it be again supplied with a good, honest and suitable person; therefore, the honorable general requests the members of the council that each of them would please to give his opinion and vote for whom, in this country, he thinks to be the fittest for said charge, in the best interest and for the service and advantage of the honorable Company.
The honorable director general votes that Michiel Jansen shall be offered the commissaryship of Fort Orange and, in case he should refuse such offer, then to send thither Carel van Bruggen, late commissary at Curaçao, and in case he refuse, said van Bruggen must quit the Company's service.
Mr. Lubbert van Dincklagen votes for Michiel Jansen.
Mr. La Montangne says that as Carel van Bruggen has served the honorable Company for many years, honestly and faithfully, he is entitled to the place before any others.
Brian Newton, lieutenant, says that Carel van Bruggen ought to be commissary of the honorable Company at Fort Orange, as he has served the Company for many years.
Paulus Leendersz is of the opinion that Carel van Bruggen, being an old Company’s servant, is next in line for the commissaryship.
Adriaen de Keyser, commissary, votes for Carel van Bruggen and thinks that the commissaryship ought to be given to him before others.
The honorable director general and council, having seen the plurality of votes and observed further the long and faithful service Carel van Bruggen has rendered the Company, find him fit to fill for the present time the office of commissary at Fort Orange, wherefore, he is appointed in council commissary at Fort Orange. Done the 6th of November anno 1647, in New
Amsterdam. Was signed: P. Stuyvesant, L: van Dincklage, La Montangne, Brian Newton, Poulus Leendersz van die Grift and A. Keyser.
Whereas the honorable director general and council of New Netherland have seen the criminal oomplaint of Fiscal van Dyck against Andries Trompetter, at present a prisoner, who at divers times has conducted himself very unruly and disobediently, both at Curaçao and here in New Netherland, daily wasting his time in drunkenness, neglecting the Company's service and, in addition, refusing to obey the order of the officers placed over him, as when recently the delinquent, being drunk on the ship St. Beninjo, refused to carry out the orders of the commissary of naval stores, who struck him twice with a cane, whereupon he, Andries, threatened the said commissary, saying, if he had with him what he had not, the naval officer would not again do that; all of which is a matter of great moment and grave consequence, which cannot be tolerated in a land where justice is maintained; Therefore, having attended to everything which is to be done and observed herein, the honorable Petrus Stuyvesant, director general of New Netherland, Curaçao, and the islands thereof, and the honorable council, administering justice in the name of their High Mightinesses, the Lords States General, his Highness of Orange, and the honorable directors of the Chartered West India Company, chamber at Amsterdam, have condemned the above named Andries Trompetter to jump three times from the yardarm and to receive from the crew of the ship St. Beninjo one hundred lashes before the mast on his breeches while yet wet. Thus done in council at Fort Amsterdam in New Netherland, the 5th of November anno 1647. Was signed: P. Stuyvesant, L. van Dincklagen, La Montangne, Brian Newton, P. Leendersz van die Grift and A: Keyser.
