£5, Class_h- / 2 1^., hik-Kkl Dutch Village Communities HUDSON RIVER "The Government of the United States is not the result of special creation but of evolution. . . . "In the deepest and widest sense our American history does not begin with the Declaration of Independence, or even with the settlement of Jamestown and Plymouth ; but it descends in unbroken continuity from the days when stout Arminius in the forests of northern Germany successfully defied the might of imperial Rome." — John Fiske. "The State of New York, once New Netherlands, affords us the remarkable phe- nomenon of a land settled by one body of Teutonic settlers and afterwards by the accidents of warfare transferred to another. The two sets of colonists were both of the same original stock and the same original speech ; but the circumstances of their several liistories had made them practically strangers to each other. On the Nether- Dutch of Holland and Zealand transplanted to the New World came in the Nether- Dutch of England. . . . Here is a field of special interest." — Freeman. "But they [the Dutch] brought the patience, the enterprise and the courage, the indomitable spirit, and the hatred of tyranny, into which they had been born, into which their nation had been baptized with blood. " Education came with them ; the free schools, in which Holland had led the van of the world, being early transplanted to these shores; ... an energetic Christian faith came with them, with its Bibles, its ministers, its interpreting books."— iJ. S. Storrs. " The Netherlands divide with England the glory of having planted the first colo- nies in the United States; and they divide the glory of having set the example of public freedom. If England gave our fathers the idea of a popular representation, the United Provinces were their model of a federal uuion."— Bancroft. JOHNS HOPKINS UNIVERSITY STUDIES Historical and Political Science HERBERT B. ADAMS, Editor. History is past Politics and Politics present History — Freeman FOURTH SERIES I Dutch Village Communities HUDSON RIVER By IRVING ELTING, A. B. BALTIMORE N. Murray, Publication Agent, Johns Hopkins University JANUARY, 1886 Copyright, 1886, by N. Murray. JOHN MURPHY A CO., PRINTERS, BALTIMORE. DUTCH VILLAGE COMMUNITIES ON THE HUDSON RIVER.' No two rivers have been oftener compared than the Rhine and the Hudson, and the latter has sometimes been termed the " Rhine of America." In interest, in importance, and in beautiful scenery, they have much in common. Yet the com- parisons between them, likely to be made by travellers, are chiefly of difference rather than of likeness. The Rhine which, rising in the Alps, pushes its way between France and Germany, through the Netherlands and, with divided channel, out into the Northern Sea, is a narrower, swifter runnino-, more tortuous stream than the Hudson, which in fact is, in its later course, not properly a river but a f Jord- an inlet of the sea — with one hundred and fifty miles of tide- water ebbing and flowing in a broader bed, and between higher mountains, than the Rhine can boast. The Rhine is famous for its castle-crowned hills, illustrating with their ruins an historical tale begun in the time of Caesar. About the Hudson, our own Washington Irving has thrown a grace- 1 In the preparation of this paper much of the material lias been gleaned from records in County Clerks' offices, but special acknowledgments are due to the writings of Laveleye, Sir Henry Maine, J. R. Green, Dr. O'Callaghan, Mr. Brodhead, and Gen. J. Watts de Peyster ; also to the assistance, gene- rously rendered in the loan of books, documents, and MISS., by Mr. Sanmel Burhans of New York, by the officers of the Huguenot liank, the Rev. Ame Vennema, Messrs. Jacob Elting and Edmund Eltinge of New Paltz, and by Messrs. Wallace Bruce, C. B. Herrick, and Erank Hasbrouck of Pough- keepsie. 5 6 , Dutch Village Communities fill mantle of later romance and legend, and in variety and grandeur of natural scenery, the "Rhine of America" sur- passes her foreign sister. Between these two rivers, there exists, unnoticed by the traveller, and unnoted, for the most i)art, even by the his- torian, a bond of union formed by the institutional relation- ship of the village communities which have had their existence, with similar customs, similar laws, and similar forms of government, upon the banks of each stream. It is only within a comparatively few years that, by reason of the researches of Von Maurer, Sir Henry Maine, and Laveleye, the term "village community" has gained a special and instructive significance for the student of institutional history. It has come to represent a civil unit, universal to all peoples — at least to those of Aryan stock — at a certain stage of the progress in civilization ; with collective property or ownership of land in common, and with a representative governing body chosen by, and from, the co-owners of the domain, to administer the common affairs, as its distinctive characteristics. Absolute and individual rights in land, as we know them, Von Maurer and his followers assert to be of recent origin; separate property, they say, has grown, by a series of changes, out of common or collective ownership.^ ' The writer of this paper states this theory of the origin and growth of property rights among the Aryan peoples, because it is held by the majority of students who have given their attention to the subject ; but he is not unmindful of the fiict that the pains-taking and scholarly researches of his friend Dr. Denman W. Ross in America, and the investigations of others, e.g. Fustel de Coulanges, in Europe, liave led them to oppose the view taken by Sir Henry Maine and to maintain that separate individual ownership pre- ceded the various forms of ownership in common. A decision of this question, if it were possible, is not necessary for the present purpose of examining the village communities on the Hudson River. Whether or not the distribu- tion of common lands among the primitive Germanic tribes was originally per stirpes and not per capita,— was, in short, collective tenure and not com- munism,— the local institutions of the Dutch villages in ^'e\v York can hardly fail to impress the disciple of cither theory with the closeness, and consequent importance, of the relationship of Old World and ^'cw World types of government. On the Hudson River. ^ 7 Nowhere does this development of property rights in their successive forms exhibit itself more clearly than among the Germanic tribes which the Romans first met as pastoral groups moving from place to place, and subsisting upon the results of the chase, or ujjon the cattle which they herded on the common lands where they chanced to be. In this stage of race development there is essentially no holding of landed property, not even in common. That comes when the pas- toral period is succeeded by the agricultural. The tillage of the soil brings with it ownership of land, but in the first instance a common ownership. The pastoral habits clung to the tribes, and they moved about, cultivating fresh lands of the uuoccitpied territory each year.^ As the agricultural system became more important, the village community crys- tallized. The territory of the tribe was the Mark, in which each family was entitled to the temporary enjoyment of a share.^ The woodland and pasturage were entirely common, and so continued even after the arable land had, in the prog- ress towards individual property, been allotted and rendered subject to hereditary rights. Caesar and Tacitus testify to the existence of the peculiar features of the village community among the Germanic tribes of the Rhine countries.^ Lave- leye asserts that " the triennial rotation of crops was intro- duced into Germany, .... before the time of Charlemagne." * ..." The parcels in each field had to be tilled at the same time, devoted to the same crops, and abandoned to the com- mon pasture at the same period, according to the rule of Flurzwang, or compulsory rotation. The inhabitants assem- bled to deliberate on all that concerned the cultivation, and to determine the order and time of the various agricultural ^ Laveleye, Primitive Property, p. 102. ^ Laveleye, Primitive Property, p. 105. ^ Laveleye, Primitive Property, p. 105 (Citing De Bel. Gal. L. VI. c. 29, and Tac. Germ. c. VII). * Laveleye, Primitive Property, p. 110. 8 . Dutch Village Communities operations. ^ The member of the German village community was a/ree man in the best sense of the word ; he had a share in the common property, he had a voice in the assembly of his equals, and was subject to no arbitrary ruler. It is not strange that groups of these freemen were able to make them- selves masters of the empire of the Caesars. Yet their very power had in it the seeds of its own destruc- tion. The force of the combined freemen of the tribe or canton led to conquest over other tribes ; conquest led to the acquisition of the territory of the conquered, and this in turn resulted in that unequal division of the acquired territory, the outcome of which was the feudal system. The leader of the band of freemen became the most important p'fersonage in the group; equality ceased to exist: the chief took the largest portion of the new land, and gave it out in parcels to his under-companions in arms, thus becoming, in time, the lord of the manor, subject indeed to his king, — the sovereign of the whole territory, — but having within his own manor arbi- trary rule, and having under him and subject to his entire control, men who, in early Germanic times, would have been his equals. Thus at the end of the tenth century in western Europe, but especially in France, the conditions of society were in many respects the very opposite of those by means of which the primitive German village community fostered the prin- ciples of freedom, equality, and representative government. The voice of the people in government had practically ceased to be heard. '^ Land has become the sacramental tie of all public relations ; the poor man depends u])on the rich, not as his chosen patron, but as the owner of the land he cultivates, the lord of the court to which he does suit and service, the leader whom he is bound to follow to the host." ^ The earlier, freer, community-life, however, with the cus- toms of common land tenure and of government by freemen ' Laveleye, Primitive Property, p. 111. - Stubbs' Constitutional History, I, p. 167. On the Hudson River. 9 met in general assembly, survived the changes just described, in some of the more secluded portions of the country, nota- bly in the forest regions of the lower Palatinate east of the Rhine, ' and in those northern provinces of the Netherlands— Friesland, Groningen and Drenthe— whose free peoples Rome never conquered, and whose right of self-government no haughty baron ever suppressed. Throughout the Nether- lands, in fact, the feudal system, though prevailing, never obtained the firm foothold it gained in France, and even in more distant England. The industrial spirit and the growth of the importance of towns among the Dutch had modified the feudal system in Holland in a marked degree.^ " Hol- land was an aggregate of towns each providing for its own defence, administering its own finances, and governing itself by its own laws."^ Each town was governed by "a ^Wet- houderschap' or Board of Magistrates, consisting of several burgomasters* and a certain number of Schepens or Alder- men."^ The term of office was usually annual. The burgo- masters and schepens were chosen by the eight or nine "good- men" who were "elected by the ' Vroedschap,"^ or great coun- cil of the town, which was itself composed, in most cases, of all the inhabitants who possessed a certain property qualifica- tion. There was also another important officer, named the ^schout,' who, in early times, was appointed by the Count, out of a triple nomination by the wethouders. The func- tions of the schout— whose name, according to Grotius, was 1 Dr. H. B. Adams, in "The Germanic Origin of New England Towns," Vol. I of this series, pp. 13, 14, describes the primitive character of the villages now to be found in the Odenwald and Black Forest. 2 B^i-odhead's History of the State of New York, 1609-1664, p. 192. 3 Brodhead's History of the State of New York, p. 453. * This privilege of " burgher-recht," which had to be acquired to entitle a resident to every municipal franchise, introduced some inequality among the people. * Brodliead's History of the State of New York, pp. 4o3-4. « Motley, Dutch Republic, I, p. 37, mentions the " Vroedachappen " or councillors. 10 Dutch Village Communities an abbreviation of ' schuld-rechter/ or a judge of crimes — were somewhat analagous to those of bailiff or county sheriff; combining, however, with them some of the duties of a prose- cuting attorney." ^ In the course of the fifteenth century " the inhabitants were authorized ... to select from among themselves a cer- tain number, double or triple, from which the head of the government elected and appointed such as it considered best qualified to act as 'schepens ' or magistrates."^ As early as 1295 the " Tribunal of Well-born Men," or of " Men's Men," as it was sometimes called, was instituted in the Low Countries. It originally had separate criminal and civil jurisdiction. Afterwards the Courts were united, and the bailiff of each district was allowed to administer justice in both civil and criminal cases with " Thirteen elected good Men." This tribunal, which resembled the modern jury, con- tinued until the spring of 1614, when the number was altered to "Nine Well-born Men" who administered justice together.^ " The States-General," says Brodhead, " was, in one sense, an aggregate assembly of the States of the provinces, each of which might send an unlimited number of deputies." * "The sovereign power of the province did not, however, reside in the States of Holland, but in the constituencies of ' Brodhead, supra, pp. 453-4. ''O'Callaghan, History of New Netherland, I., p. 391. ^O'Callaghan, History of New Netherland, II., p. 40. In view of the foregoing statements relating to early town government in the Rhine Countries, the position taken by Palfrey in his History of New England seems surprising. In V^ol. I., pp. 27o-(), he says: "The institu- tion of towns had its origin in Massachusetts, and was borrowed thence by the other governments." He speaks of the selectmen as if they were indi- genous to New England, whereas they are found to be as old as the history of Germanic institutions. Certainly, if the ancestors of our Hudson Eiver settlers had, in Holland, chosen their selectmen, varying in number from thirteen to eight, from a time as early as the thirteenth century and prob- ably much earlier, their Dutch descendants did not need to borrow from Massachusetts " the institution of towns." * Bi-odliead's History of the State of New York, pp. 454-5. On the Hudson River. 11 the deputies. The real authorities were the college of nobles, and the municipal councils of the towns. To them each deputy was responsible for his vote, and under their instruc- tions alone he acted. Thus the government of Holland, in fact, rested mainly upon its people."^ In 1477, the first assembly of the States-General resulted in a charter of liber- ties, which after successive demands by the towns, "guaranteed and confirmed the ancient privileges of the municipal govern- ments, and recognized the right of the towns, at all times, to confer with each other, and with the States of the Netherlands. It declared that no taxes should be imposed without the con- sent of the States ; and it distinctly secured the freedom of trade and commerce. ^^ Thus at the close of the sixteenth century, the liberty-loving Netherlanders had not only pre- served much of the freedom of the people, which the feudal system had tended to crush out, but they had also adhered to a freedom of trade which brought them wealth, and made them the most important maritime country of the world. Just at this time— the beginning of the seventeenth cen- tury—the enterprising East India Company sent out from Amsterdam a small vessel under command of an English sailor to discover, if possible, a northwest passage to India. So it happened that in the fall of 1609,— nearly a dozen years before the Mayflower landed at Plymouth,— Hendrick Hud- son, in his Dutch vessel the "Half Moon," sailed into the mouth of the river which now bears his name. Five years later the States-General of Holland granted a charter to the United New Netherland Company, giving it exclusive trade within the territory to which Holland considered that Hud- son's discovery entitled her. Its object was not colonization and improvement of the land, but the monopoly of the fur- trade with the Indians. Three trading posts were established on the river, at what is now New York, at Albany, and at 1 Brodhead's History of the State of New York, p. 452. - Brodheud's History of the State of New Yorli, p. 437. 12 Dutch Village Communities Rondout, — the mouth of the river, the head of navigation, and about midway between the two. The charter of the first company expired in 1618, and in 1621 the States-General granted another to the West India Company, with the monopoly of exclusive trade as before. The general government of the company was lodged in a board or assembly of nineteen delegates. They might choose a Director-General and Council who " were invested with all powers, judicial, legislative and executive, but the resolutions and customs of Fatherland were to be received as the para- mount rule of action."^ In 1624, in the same ship with Peter Minuit, — the first Director-General of the West India Company, — there came to New Netherland some families of Walloons from the frontier of Belgium and France. After a temporary settlement on Staten Island, they removed to the north-western extremity of Long Island on a bay called the " Wahle-Bocht," or "the bay of the foreigners," where they established a permanent home. With the exception of such small accessions, compar- atively nothing was done towards advancing settlement and agriculture during the seven years which followed the incor- poration of the West India Company. The States-General, accordingly, determined to plant "colonies" or seignorial fiefs, or manors, in the new country, and in June, 1629, ratified the document called "Freedoms and Exemptions," granted by the Assembly of XIX of the West India Company, " to all such as shall plant any colonies in Xew Xetherland." This charter established a monopoly in land, as the previous one had in trade, and put the valley of the Hudson largely into the hands of proprietors who were favorites of the company. Each proprietor or " Patroon " was to undertake to plant a colony of fifty souls, upwards of fifteen years old, and for that purpose might extend his limits four (that is sixteen English) miles on one side of the river, or half that ' O'Callaghan, History of New Netlierland, I., p. 90. On the Hudson River. 13 distance on both sides, "and so far into the country as the situation of the occupiers will permit." ' The company was to retain the intervening lands, and no one was allowed to come within thirty miles distance without the consent of the " Patroon ; " subject, however, to the order of the commander and council. The Patroons were to hold the lands " as a perpetual inheritance," establish officers and magistrates m the cities, and dispose of their property by will. The colo- nists were to be freed by the company from payment of cus- toms, taxes, excise, or other contributions, for the space of ten years, after which they should pay the usual exactions. The most liberal clause of the charter is the one which grants to other persons, who should go and settle there, but without the privileges of the Patroons, as much land (with the approbation of the Director-General and Council) "as they shall be able properly to improve." ^ The Patroons and colonists were to endeavor to support a minister and a schoolmaster, that thus the service of God and the zeal for religion may not grow cool, and be neglected among them ; and that they do, for the first, procure a com- forter of the sick there." ^ But the colonists were prohibited from manufacturing, " on pain of being banished, and as per- jurers to be arbitrarily punished." The Patroons were enti- tled to the services of the colonists, and were to be supplied with " blacks " by the company. Thus the feudal tenure of Europe, in a somewhat modified form, but conferring less liberty than the Dutch had enjoyed in the Fatherland, was imposed upon the settlers of the Hudson river valley by the States-General of Holland acting under the instigation of the Assembly of XIX. of the West India Company. " While it secured the right of the Indian to the soil and enjoined » O'Callaghan, History of New Netherland, I., p. 113. (Citing Hoi. Doc. ii., pp. 98, 99. ^O'Callaghan, History of New Netlierland, I., p. 118. 'O'Callaghan, History of New Netherland, I., p. 119. 14 Dutch Village Communities schools and churches, it scattered the seeds of servitude, slavery and aristocracy. While it gave to freemen as much land as they could cultivate, and exempted colonists from taxation for ten years, it fettered agriculture by restricting commerce and prohibiting manufactures." ^ Kilien Van Rensselaer, a merchant of Amsterdam and one of the directors of the West India Company, became a Patroon in 1630 under this "Freedoms and Exemptions" charter of 1629, and secured the grant of a large tract of land on both sides of the Hudson, including the present site of Albany. As Patroon he was " empowered to administer civil and criminal justice in person or by deputy within his colonic, to appoint local officers and magistrates ; to erect courts and to take cognizance of all crimes committed within his limits." 2 Nominally an appeal lay from the manorial courts to the Director-General and Council at Fort Amsterdam, in cases ' Moulton, History of New York, pp. 387, 388. It should be especially noted that in this earliest charter of 1629, not- withstanding its restriction of civil liberties, the Dutch recognized the prime importance of establishing in their colony here the foundations of religion and education. So intimately were the two connected that, as Dr. Baird mentions in his "Huguenot Emigration to America" (Vol. I., p. 185), in 1656 some colonists set sail for New Nethsrlands in three ships, one of which carried a schoolmaster who was to be also " a comforter of the sick," till the minister arrived. As early as 1633, Everardus Bogardus, the first minister in New Amsterdam, and Adam Eoelandsen, the schoolmaster, came over from Holland together. — (Brodhead, p. 223). Of the character and influence of the religious life of the Hudson river colonists, something will be said in connection with the account of New Paltz, which in most respects may be called the typical village community of the Hudson river. The part which Dutch influence played in shaping the educational life of America, has not been given the general recognition it deserves. Our free public school system, of which we are so justly proud, seems to have its beginnings distinctly traceable to the earliest life of the Dutch colonies -O'Callaghan, History of New Netherland, I., p. 320. (For Van Rensselaer Patent, see Docs, relating to Colonial Hist. N. Y., Vol. I., p. 44). On the Hudson River. 15 affecting life or limb, or where the amount in controversy was over twenty dollars ; but this right to appeal was rendered for the most i)art nugatory, by the exaction of a promise from the colonist at the time of settlement, that he woukl not resort to the higher tribunal. Thus, besides being subject to the laws prevailing elsewhere in New Netherland,— the civil code, the ordinances of the Province of Holland and of the United Netherlands, the edicts of the West India Company and of the Director and Council at Manhattan,— the colonists of the manor were also subject to such laws as the Patroon or his deputies might establish. ^ "Theoretically," says Mr. Brod- head, " the Patroon was always present in his court baron. ^ Practically, the government of the colony was administered by a court composed of two commissaries and two schepens, assisted by the colonial secretary and the schout."^ The Patroon bore the expenses of preparing the land for occu- pancy. He set off farms, erected farm buildings, stocked them with tools and cattle, and so brought the farmer to his here in America, and to have had its prototype in " the free schools m which," says Dr. Storrs (American Spirit and the Genesis of It, p. 47), " Holland had led the van of the world." Mr. Motley, in a letter to the St. Nicholas Society (cited by Dr. Storrs, supra), intimates that the New England colonists gained their educational impulses more from the Nether- lands than from their own country. " It is very pleasant to reflect," he says, " that the New England pilgrims, during their residence in the glorious country of your ancestry, found already established there a system of schools which" John of Nassau] eldest brother of William the Silent, had recom- mended in tliese words : ' You must urge upon the States-General that they should establish free schools, where children of quality as well as of poor families, for a very small sum, could be well and Christianly educated and brought up. This would be the greatest and most useful work you could ever accomplish for God and Christianity, and for the Netherlands them- selves.' ... This was the feeling about popular education in the Nether- lands during the 16th century." In New Amsterdam in 1647, the Nine Men approved arrangements " for finishing the church and reorganizing the public schools." — (Brodhead, Hist. N. Y., p. 476). 1 Brodhead's Hist, of N. Y., p. 305 ; O'Callaghan's Hist, of N. Y., p. 321. " "Studies" I., VII, Old Maryland Manors, pp. 11, 12. => Brodhead's Hist, of N. Y., p. 305. 16 Dutch Village Communities work unhampered by want of capital. In return for these outlays the civil code gave the Patroon many of the rights incident to lordship under the feudal system. He was not only entitled to the rent ^ fixed upon, but also to a portion of the increase of the stock and of the produce of the farm. Even to the remainder he had pre-emptive right, and the farmer was not at liberty to sell any of his produce elsewhere, until it had been refused by the Patroon. He required each colonist to grind all grain at his mill, to obtain license from him to fish or hunt within the domain, and as " lord of the manor/' he was the legal heir of all who died intestate within the "colonic." 2 This manor, thus early created under Dutch rule,^ may stand as a type of the later ones, most of which were estab- lished after the English obtained possession of the territory, and before the close of the 17th century. The proprietary on the Hudson river, therefore, had the power of establishing the feudal system as they had in Maryland, where, as Mr. Geo. Wm. Brown has stated, " express provision was made for manors, lords of manors and manorial courts." * In the patent for the Livingston manor given under the hand and seal of Gov. Dongan, July 22, ] 686, provision is made for constituting " in the said Lordship and JNIannor one Court Leet and one Court Baron ^ ... to be kept by the said Robert Livingston his Heirs and assignes for ever or theire or any of theire Stewards Deputed and appointed with * The rent was usually paid in kind on the Hudson as it was in " Old Maryland Manors." See "Studies," I., VII., p. 10. "Brodhead's Hist, of N. Y., p. 305 ; O'Callaghan's Hist, of New Nether- land, I., pp. 325-6. 'The summary above is from the Charter of Kensselaerswyck. In 1646, Kieft's manorial grant to Van der Donck was of territory on which Yonkers is now the chief town. * Geo. Wm. Brown, The Origin and Growth of Civil Liberty in Maryland (1850), p. 7. Conf. Maine, Village Communities, pp. 139, 140. *"The ownership of the manorial estate carried with it in New York the right to hold two courts," as Mr. Johnson says it did in Maryland — "Studies," supra, p. 11. On the Hudson River. 17 full and ample Power and authority to Dcstraiue for tlie Rents Services and other Sumes of Mony Payable by Reason of the Premises and all other Lawfull Reraedyes and meanes for the haveing . . . and Enjoyeing the Premissesse and every parte and Parcell of the same and all Wasts Estrayes Wrecks Deodands Goods of felons happening and being for- feited within the said Lordshipp and Mannor,"^ together with the right of advowson and other incidents of feudal ten- ure, in which these Hudson river domains of the Patroons were closely allied to the "Old Maryland Manors" as set forth in Mr. Johnson's interesting monograph. ^ So distasteful, to the Dutch settlers who had enjoyed a greater freedom in the Fatherland, were these restrictions of the manors, that the settlements did not rapidly increase.^ The beginnings of governmental life on the Hudson river, therefore, were unfortunate for the growth of free institutions. Monopoly — in trade, in land,^ and in government — seemed to be the foundation on which the settlers in New Netherland must build their state.^ ' Docs. Eelating to Col. Hist, of N. Y., III., pp. 375-6. *" Studies," supra. ^Evidence of the unpopularity of the manor government may be found in a letter written by the Earl of Bellomont to the Lords of Trade, dated, "New Yorke, Jan? 2'^ 1700/1." He says: "Mr. Livingston has on his great grant of 16 miles long and 24 broad but 4 or 5 cottagers, as I am told, men that live in vassallage under him and work for him and are too poor to be farmers having not wherewithal! to buy Cattle to stock a farm. Collonel Courtland has also on his great grants 4 or 5 of these poor families ; " other like cases being mentioned. ^ In the same letter he adds : " I believe there are not less than seven millions of acres granted away in 13 grants, and all of them uninhabited . . . except M"^ Ranslaer's grant, which is 24 miles square, and on which the town of Albany stands." — Docs, relating to the Hist, of N. Y., IV., pp. 822-3. * ' The opinion, here expressed, that the manor system on the Hudson river hampered the early development of representative government, may seem to be inconsistent with Mr. Johnson's statement (Old Maryland Manors, supra, p. 20) that, " it should not be thought that the aristocratic character 2 18 Dutch Tillage Communities No Dutch village community seemed likely to rise under the first charter of 1629, and the need of inducing settlers to colonize New Netherland for agricultural purposes convinced the States-General of Holland that the monopoly they had unwisely established must, to some extent, be broken. In 1638 trade was taken from the exclusive privileges of the West India Company and made free. In 1640 there was granted a more liberal charter,^ by which any one who should go to New Netherland with five souls over fifteen years of age was to be acknowledged a master or colonist, and entitled to claim 100 Morgen (200 acres) of land. When the settle- ments of these masters increased so as to become villages, towns, or cities, the company was bound to confer upon them subaltern or municipal governments. ^ of the manor was injurious to the growth of liberal ideas. The manor was a self-governing community." Is it not true, however, that it was "a self- governing community," only in so far as the power of the lord of the manor had been restricted by the people ? And would not the " liberal ideas " of the Dutch settlers have borne earlier and richer fruit if the chai-acter of the manor had not checked their growth ? This is evidently the opinion of Mr, Fernowwho (in his introduction to vol. XIII. of Docs, relating to Col. Hist, of N. Y.), says that the " object of the Patroons had been, at first when they obtained their privileges in 1629, rather a participation in the Indian trade than the colonization of the country ; their new plan was to divide the pro- vince into manors for a privileged class to the exclusion of the hardy and industrious pioneer and sturdy and independent yoeman." All the more notewoi'thy and commendable, is the persistent and successful struggle of the "sturdy and independent yoeman" of Holland in fighting his way towards free representative government when opposed by such extensive manorial grants to the Patroons, who were in favor with the powerful West India Company. ' Docs. Relating to Col. Hist, of N. Y., I., pp. 119-123. - The chai-ter of 1040, which thus contained more liberal provisions for agricultural settlement, still retained clauses for erecting manors under Patroons ; but they could only claim about a quarter of the territory which they might have claimed under previous charters, and their authority over the colonists was somewhat lessened. In 1655, the Directors of the West India Company reiterated their disinclination, any longer to grant colonies like Eensselaerswyck to Patroons. Docs. Eelating to Col. Hist, of N. Y., XIV., pp. 832-3. On the Hudson River. 19 The Dutch settlers, at this time established in ]S"ew Amster- dam and vicinity, had given Kieft, the Director-General, to understand plainly that they demanded a voice in the govern- ment. In 1641, the brutal murder of Claes Smits by an Indian was the occasion of the first recognition by the Director-General of the people's demand. " All the masters and heads of families, residents of New Amsterdam, and its neighborhood, were therefore, invited to assemble in the fort on the 28th day of August then and there to determine on ' something of the first importance.' " ^ This, the first popular assembly in New Netherland, promptly chose " Twelve Select ]Men"^^all emigrants from Holland — to consider the prop- ositions submitted by the Director. ^ The step towards freedom gained at this time was never lost. Before Kieft dismissed them,^ as having served in settling the Indian ai5fair, the purpose for which they were elected, the " Twelve Men " had demanded for New Amster- dam, and the neighboring settlements, the popular representa- tion of Holland, urging that " the Council of a small village in Fatherland consists of five @. seven Schepens." ^ In 1643, • O'Callaghan, Plist. of New Netherland, I., p. 241. *Mr. Palfrey would apparently have us believe that this selection of rep- resentatives by the Dutch settlers at New Amsterdam must somehow be accounted for by a borrowing of the methods of the Dorchester colonists in Massachusetts (see p. 10, supra). Neither perhaps had need to borrow what had been known for centuries to the ancestors of both, but certainly the Dutch knew, even better than the English, the advantages of repre- sentative government. =» Brodhead's Hist, of N. Y., p. 317. M-Iol., Doc. III., pp. 175-180, cited by O'Callaghan, Hist. N. N., Vol. I., pp. 248-9. The Director evidently did not intend that the " Twelve Men " should have any permanent shar.e in the government. Whether he allowed them to be chosen merely "to serve him as a cloak, and as cats-paws," — per- haps to shield him from responsibility, as Van der Donck strenuously asserts, or Avhether for some more worthy purpose, the fact remains that it was a concession by the arbitrary ruler in the direction of representative govern- ment. *Docs. Relating to Col. Hist, of N. Y., I., p. 202. 20 Dutch Village Communities " Eiitjht Men " were chosen by the commonalty and addressed the West India Company npon the serions Indian troubles. They renewed, in vigorous language/ the demand of the " Twelve Men " for representative government, and in 1646 the inhabitants of the village of " Breuckelen " (Brooklyn) were given the municipal privileges they desired. "They were to have the right of electing two schepens or magistrates, with full judicial powers, as in the Fatherland. Those who opposed the magistrates in the discharge of their duties were to be deprived of all share in the common lands adjoining the village."^ Thus at the first conferring of self-government upon this Dutch village, named for an ancient village in Utrecht, the evidence of a system of common land tenure is met with. Under Stuyvesant, as under Kieft, the people of New Amsterdam clamored for their rights. Reforms were pressed upon him. New Amsterdam was in bad condition. Most of the lots were unimproved. Hog-pens, " little houses," and other nuisances encroached upon the public streets, and, in 1647, "fence viewers" were appointed, by whom, in addition to other duties, every new building had to be approved. In the same year, Stuyvesant and his council granted to the inhabitants of the Island of Manhattan and two or three adja- cent towns, the privilege of nominating " a double number ' Docs. Kelating to Col. Hist, of N. Y., I., p. 213. " It is impossible," they say in their letter to the Directors, "ever to settle this country until a dif- ferent system be introduced here," and they suggest the election of repre- sentatives by the people to vote as deputies with the Director and Council. * Brodhead, Hist, of jV. Y., pp. 421-2. It is curious to note the strength, at that early day, of the opinion that " public office is a public trust." At New Amsterdam, in April, 1654, the Director-General sends following order to one Jan Everson Boot, who had been elected schepen of " Breuckelen." " If you will not accept to serve as schepen for the welfare of the village of Breuckelen with other-, your fellow residents, then you must prepare yourself to sail in the ship 'King iSolomon ' for Holland, agreeably to your own utterance," he having said he would rather go than serve. Docs. Kelating to Col. Hist, of N. Y., XIV., p. 255. On the Hudson River. 21 of persons from the most notable, reasonable, honest and respectable of onr subjects, from whom we might select a single number of Nine Men to them best known, to confer with us and our council, as their Tribunes, on all means to promote the w^elfare of the commonalty as well as that of the country." ^ Not, however, until 1652 did the people succeed in obtain- ing for New Amsterdam itself a municipal form of govern- ment. In accordance with the 17th clause of the Provi- sional Order of 1650,^ it consisted of "one schout, two burgo- masters ^ and five schepens,^ to be elected by the citizens in the manner usual in ' this city of Amsterdam,' to act as a Court of Justice with the right of appeal in certain cases ' to the Supreme Court of Judicature.' " This advance towards a representative government in New Amsterdam marked the beginning of a new era throughout the whole of New Nether- land, which was not, however, without its struggles between the people and Stuyvesant's arbitrary exercise of power.^ In ' O'Callaghan, Hist, of New Netlierland, II., p. 39.— (Citing Alb. Eec. VII., pp. 72-74, 81-84.) These "Nine Men" were of more importance in the affairs of the colony than any previous representative body. — Brodhead's Hist, of N. Y., p. 474. * O'Callaghan, Hist, of New Netherland, II., p. 192.— (Citing Alb. Eec. IV., pp. 68, 72, 73, 75; VIII., pp. 8-13, 16-19, 42.) ^ The name and office of the burgomaster in Holland may be traced as early as the 14th century. — O'Callaghan, Hist, of New Netherland, II., p. 211. * The word schepen, meaning, as here, one of the local magistrates iu Holland, is older still, probably originating about 1270, says one writer ; but tliat date is not early enough. The word was used in an instrument said to have been signed and sealed in 1217, and quoted by Motley, The Dutch Republic, I., p. 35. ^ The difficulties with which the people had to contend are given a ludic- rous coloring in a letter from Van Dinelagen to Van der Donck : " To describe the state of this government to one well acquainted with it is a work of supererogation ; it is washing a black-a-moor white. Our Grand Muscovy Duke goes on as usual, resembling somewhat the wolf — tlie older he gets the worse he bites. He proceeds no longer by words or letters but by arrests and stripes."— O'Callaghan, Hist, of New Netlierland, II., p. 170; citing llol. Doc. VI., pp. 5, 7, 53-00, 07, 08. The letter was in Latin. 22 Dutch Village Communities April, 1652, Beverwyck was declared to be independent of the Patroon's colony, " and the germ of the present city of Albany was released from feudal jurisdiction," ^ its court being established at Fort Orange. Two years later, Breuck- elen and adjacent towns ^ secured the privilege from Stuyves- ant of having a greater number of schepens, and district courts were organized, (composed of delegates from each town- court, together with the schout,) which had general authority over roads, the establishment of churches and schools, and the making of local laws, subject to the approval of the provin- cial government.^ About the same time, there came an increase in immigration, both from abroad and from New England. English settlers, fleeing from the persecutions of New England, had already established themselves in towns under the Dutch govern- ment, which, in New Netherland, still allowed the broad religious toleration of Holland. With the exception of some persecution of the quakers under Stuyvesant's personal lead, the principles which made Holland the asylum of the perse- cuted were observed by the Dutch in America. There came to the Hudson river, Walloons from the Spanish Netherlands, Huguenots from France, Puritans from New England, and Waldenses from Piedmont, — all seeking freedom from perse- cution, and finding it in New Netherland rather than in New England, where, at this time in Massachusetts colony, civil rights were dependent upon church membership. In New Netherland, such rights, fought for step by step, depended simply upon the ownership in land, as did the rights of the members of the early Germanic village community. * Turning from this hasty sketch of the growth of repre- sentative government in New Amsterdam and vicinity before the year 1650, we may take this middle year of the 17th ' Brodhead's Hist, of N. Y., p. 535. ' Midwout and Amersfoort. 'Brodhead's Hist, of N. Y., p. 580. On the Hudson River. 23 century as an approximate starting point for an exami- ination in detail of the peculiar characteristics of the Dutch village communities ; for, from this time forward, the agricultural settlements increased more rapidly, and, under conditions of freer government, villages and towns grew up, on lands granted directly to those who were to culti- vate the soil. Hoping to advance such settlement, van Tien- hoven, the Dutch Secretary under Stuy vesant, sent information to Holland in March, 1650, in regard to taking up land in New Netherland. " Before beginning to build," he said, " 'twill above all things be necessary to select a well located spot on some river or bay, suitable for the settlement of a village or hamlet. This is previously properly surveyed and divided into lots, with good streets, according to the situation of the place. This hamlet can be fenced all around with high palisades or long boards and closed with gates. ^ . . . Out- side the village or hamlet, other land must be laid out which can in general be fenced and prepared at the most trifling expense." ^ The draft of " Freedoms and Exemptions," in the same year, (1650) states that, "on the arrival of the aforesaid persons in New Netherland they shall be allowed and granted the privi- lege of choosing and taking up under quit rent or as a fief, such parcels of land as they shall in any way be able to cul- tivate for the production of all sorts of fruits and crops of those parts," on condition that they should be deprived of the land, if it were not cultivated within a year. They were to " enjoy exemption from Tenths," for a term of — years, " and ' This enclosure is clearly analogous to the Hedge of the early Teutonic village, which, through the Saxon Tun, is perpetuated in our English word, Town. For the existence of a similar survival in New England and a more complete statement of the interesting derivation of the word Town, see "Studies," I., "Germanic Origin of New England Towns," pp. 2G-31. '^Docs. Relating to Col. Hist, of N. Y., I., j.p. 365, 367-8. This may be called the Village Mark in New Netherland,— a larger tmvn around the smaller. 24 Dutch Village Communities thenceforth one additional year's exemption for every legiti- mate child they shall convey thither or get there." They might also cut and draw timber from the public forests, and hunt and fish in the public woods and streams. ^ The com- pany sometimes advanced land, farm implements, and cattle, for the term of six years, the farmer being " bound to pay yearly one hundred guilders and eighty pounds of butter rent for the cleared land and bouwerie." ^ It has been noted ^ that as early as 1646, the village of Breuckelen had about it common lands in which the inhabi- tants had a share, to be taken as a penalty from those who opposed the schepens, or magistrates, of the town. In New Amsterdam itself, where the people had not at first settled for agricultural purposes, the right of pasturage in common lands prevailed. In 1649, the Director and Council passed a reso- lution to the effect that " the farmers on the Island Manhattan requesting by petition a free pasturage on the Island Man- hattan, between the plantation^ of Schepmoes and the fence of the Great Bouwery, No. 1, the petitioners' request is pro- visionally granted, and that no new plantation shall be made or granted between said fencing." ^ What is now City Hall » Docs. Eelating to Col. Hist, of N. Y., I., p. 401. 2 Docs. Relating to Col. Hist, of N. Y., I., p. 371. . This word " bouwerie," which occurs so frequently in early Dutch documents, is an interesting one. The verb in Dutch is "bouwen," to build ; to till, plough. " Bouwerie" is used to designate in most cases, not only the portion of the land which is tilled or ploughed, but also that portion on which the farm buildings stand. In other words, it means usually the "home-lot," which, in the village communities on the Hudson, as in those on the Ehine, and in other parts of Europe (Laveleye, Prim. Prop., p. 112), was in early times the only holding that was strictly in severalty. ^ See p. 20, supra. ^Here, as often, "plantation" and "Bouwery" are used as opposite terms. Dr. O'Callaghan, Hist, of New ISetherland, II., p. 291, Note, says of this use : " By bouweries are meant those farms on which the family resided ; by plantations those which were partly cultivated, but on which no settlers dwelt." *Docs. Eelating to Col. Hist, of N. Y., XIV., p. 110. On the Hudson River. 25 Park in New York, bounded by Broadway, Nassau, Ann and Chambers streets, was, as late as 1G86, perhaps much later, known as the Village Commons, where the droves of cattle were sent morning and evening to pasture. ^ These village rights of common in regard to land were accompanied, in New Amsterdam, by rights of common parti- cipation in the deliberative assembly of the people, as they were in the forests of Germany centuries before. The record runs : "Tuesday Novbr. 11. 1653. Present at the meeting in the City Hall of New Amsterdam," two Burgomasters and three Schepens named. Then follows the statement that " some of the most influential burghers and inhabitants of this city having been lawfully summoned the following appeared," naming twenty-three. "To whom the said Hon". Burgomas- ters and Schepens propose that, whereas they have asked the community to provide means for paying the public expenses and keeping in repair the works . . . the aforesaid Magis- trates ask the Community whether they will submit to such ordinances and taxes, as the Magistrates may consider proper and necessary for the government of this city. They all answered ' Yes ! ' and promised to obey the Hon'^^ Magistrates in every thing as good inhabitants are in duty bound to do confirming it with their signatures." - One needs no great power of the imagination to fancy that he hears, in the unani- mously spoken " Yes " of the Dutch assembly, something very like the shaking of spears and clashing of shields^ with which the sturdy, warlike Teutons signified assent to the plans of their chieftains in the open-air meetings of the tribe ! The voice of the colonial settlers had found tolerably free expression in local affairs, in some of the village communities* on Long Island, earlier than the organization of municipal 1 Valentine, History of New York City, p. 281. 2 Docs. Eelating to the Col. Hist, of N. Y., XIV., p. 220. 3 Green's Hist, of the English People, I., p. 15. * " Gravesande " (1645); Breuckelen (1G4G) ; Amersfoort (1G47). 26 Dutch Village Communities government in New Amsterdam. The majority of the set- tlers in the neighboring hamlets were Dutch ; some, however, were English, who had come from New England to enjoy religious freedom among the Dutch colonists. They took their lands by Dutch title, and willingly placed themselves under Dutch laws and modes of government.^ Director Kieft's patent^ to the town of Gravesend, in the year 1645, when a few settlers had moved there from New England, is a veritable Dutch charter of civil and religious freedom. The patentees, it reads, were "to have and enjoye the free libertie of conscience according to the costome and manner of Hol- land, without molestation or disturbance from any Madgis- trate or Madgistrates or any other ecclesiasticall Minister that may p'tend iurisdiction over them, with libertie likewise for them the s** patentees theyr associates hey res &c. to erect a bodye politique and ciuill combination amongst themselves, as free men of this Province & of the Towne of Gravesend & to make such ciuill ordinances as the Maior part of y" Inhabi- tants ifree of the Towne shall think fitting for theyr quiett aad peaceable subsisting & to nominate elect & choose three of y^ ablest approved honest men & them to present annuallie to y^ Gouernor Generall of this Province for the tyme being, for him y* said Gouern'' to establish and con- firnie ; " which three men were to act as a local court with the usual jurisdiction. Five years after this patent was granted, the record of " severall orders agreed vppon by and with con- sent and approbation of the inhabitants of Gravesend," shows that " the first inhabitants agree togeather att Amesfort that they would fence in a certaine quantitie of Land to Conteine eight and twenty shares, the s** land to be fenced with post and raile in one Common fence and to have it compleated by a certaine daye by them agreed vppon ; vppon the penaltie of for- feiting as much as the rest of the s'^ fence might come vnto : ' Docs. Relating to Col. Hist, of N. Y., I., p. 181. * Doc. Hist, of N. y., I., p. 411, (See Gravesend Records). On the Hudson River. 27 The said eight and twenty shares were devided by lott ; and every one injoyned to build and inhabit in tlie townie by a daye agreed vppon for the mutual strengthening of one another, for the peace with the Indians being new, and rawe there was still feares of theyre vprising to warre. ... It was likewise agreed & ordered that none of the inhabitants should sell theyre lotts to any whatsoeuer, but first to pro- pound it to the towne in generall^ & in case the towne would not buye then hee to have libertie to sell to any, vnlesse hee w^ere notoriouslie detected for an infamous person or a disturber of the common peace ... It was therefore ordered that the men should at several times as they thought fitting view all the fences and when they found defects to giue warning to the neighbors to make upp theyre fences according to order." ^ The extent to which the principles of holding property in common prevailed among the Dutch settlers in the vicinity of New Amsterdam, with reference to personal property as well as to land, is evidenced by a deed^ for land and cattle on Long Island in 1651, granting, " all wdiatsoever the vendor has thereon and is belonging to him together with thirty-five and one half (sic) goats ; " but the deed adds : " which the purchaser now takes at his risk and hazard ," — a saving clause perhaps to avoid trouble in the division of the odd goat ! A document dated August 27, 1657,* indicates the custom of furnishing to a town a certain quantity of meadow land, presumably beyond the town proper. It states that Petrus Stuyvesant on petition showing the need of the inhabitants of " the new begun Q^own of Utrecht and of those who might ' This was certainly a serious encumbrance upon individual rights in land. The same restriction is found in the Germanic Mark, where " no one could sell his property to a stranger without the consent of his associates, who always had a right of preemption."— Laveleye, Prim. Prop., p. 118. 2 Docs. Relating to Col. Hist, of N. Y., XIV., pp. 128-9. 3 Docs. Eclating to Col. Hist, of N. Y., XIV, p. 143. *Doc. History of N. Y., I., p. 416. 28 Dutch Village Communities hereafter dwell there, allowed unto them as to others a parcel of meadow land lying on Long Island by the easterly Hook of the Bay of the North River, over against Conyen Island." Two years afterward, it is recorded that twenty-four inhabi- tants having plantations drew lots by numbers for the meadows which had been divided into twenty-four parcels. Two plantations, whose owners were named, might draw two lots each.^ This distinction between meadow or pasture land and the tilled land, is observed also in the documents relating to the proposed establishment in 1658 of "a new village at the north-eastern extremity of Manhattan Island, ' for the pro- motion of agriculture, and as a place of amusement for the citizens of New Amsterdam.' To encourage this settlement to which the name of ' New Haerlem ' was given, each inhabi- tant was to receive from eighteen to twenty-four morgens of tillage, and from six to eight morgens of pasture land . . . The magistrates were to be nominated at first by the settlers, . . ."^ Another illustration of the marked separation of lands that were to be devoted to different uses, is found in the provision for a " Towneshipp " on Staten Island : "A Towue, the which shall bee divided into lotts according to the number of Inhabitants proposed . . . That each home lott shall have . . . acres of Ground to build a house upon and for gardens or other necessary accomodacons. . . . That there shall bee allotted of Ploughland or Arable ground . . . acres and of Meadow a convenient proporcon." Liberty of con- science, and the selection of their own minister, was granted. The latter was to have a " lott of ground proporconable with the Rest," to be held for succeeding ministers.^ 1 Doc. Hist, of N. Y., I., p. 416. ^O'Callaghan, Hist, of New Netherland, II., p. 428.— (Citing Alb. Kec. VII , pp. 420-22 ; XXIV., pp. 368-9). =*Docs. Relating to Col. Hist, of N. Y., XIII., p. 425. Bearing upon this division of tlie land in the early settlements about Xew Amsterdam, a passage may here be cited not merely as a study in land tenure, but also as a study in English. It relates to tlie present town of On the Hudson River. 29 In the cluster of Dutch village communities at the mouth of the Hudson, many of the peculiar customs of Holland also prevailed, which were not specially connected with ^land- holding. An order with regard to "waggon racing," pro- vides that " No person shall race with carts and wagons, in the streets within the villages, but the driver while passing through villages must walk by the side of his horse or vehicfe,^ according to the edict of the 12th of July, 1657." An edict of "the 15th Dec^ 1657," relating to inn-keepers, is what might be called an early Civil Damage act: "All tavern keepers to be held liable for willingly permittmg fighting or wounding in their houses, and when such breaches of the ''peace take place, they shall inform the officer of the same, on the penalty of having their trade stopped." ' Jamaica, which then had the no doubt appropriate Dutch name of " Eustdorp (quiet-village), and it purports to be "a true coppy taken out of r town- booke by Daniel Denton, Clark, y^ 29th off August, 1G61." It goes on to say: "It is farther voted & agreed upon by the town y* as ye medows are devided by lot above specified so they shall continue ffor perpetuity without any flurther devision till y^ bee Layed out in particular & y» every man to take his share in y^ neck where the now, & as y^ town do enlarge w'h inhabitants y« shall bee devided proportionably to every neck till y^ bee lavd out." Docs. Kelating to Col. Hist, of N. Y., XIV., p. 506. '» The writer has somewhere seen it stated that this custom of walking by the side of horse or vehicle is still observed in some villages of the more northern provinces of Holland. ^Doc. Hist, of N. Y., L, p. 424. It mif'ht be considered an unpardonable omission, for one who was refer- ring to the peculiar customs of early New York, not to mention some of the causes which were considered directly responsible for bringing on a certain '• warr with the Indians." Among the reasons given, are these : " For men wearing long hair and perriwigs made of women's hair. " For women wearing borders of hair and for cutting curling and laying out their hair and disguising themselves by following strange fashions in their apparel. "For prophaneness in the people in not frequenting their meetings, and others going away before the blessing is pronounced." Docs. Relating to Col. Hist, of N. Y., III., p. 243. (Date [probably 1614-92], and authenticity not vouched for). 30 Dutch Village Communities A hundred miles north of New Amsterdam, the first Dutch adventurers had erected, in 1614, on the Avestern bank of the Hudson river, a small block house called the " Ron- duit." ^ The land about it remained unsettled till the year 1652 or 3, when a few persons who had been members of the colony of Rensselaerswyck, desiring to escape the feudal restrictions of the manor, settled upon the Indian tract called Atkarkarton, in the region known as the Esopus.^ In 1661, this Dutch settlement had grown to an extent which induced the inhabitants to desire separation from Fort Orange, of which it had hitherto been an appendage, so as to obtain a local court of justice and a settled ministry. Stuy vesant " accordingly conferred a charter on the Esopus, to which place, in commemoration of the fact that the soil was a free gift from the Indians, he gave the name of ' Wiltwyck.' " ^ The charter granted to this village indicates very well the scope of the powers possessed by incorporated towns in New Netherland at that time. It provided that "the aforesaid Director-General and Council, considering the increased popu- lation of said village, resolve to favor its inhabitants with a subaltern court of justice, and to organize it as far as possible, and the situation of the country will permit, in conformity with the customs of the city of Amsterdam in Holland, but so, that from all judgments an appeal may be made to the Director-General and Council in New Netherland, who shall reserve the power to give their final decision ; " that the court of justice "sliall consist of a sheriff,* being m loco, Mdio shall ' It is now Eondout, recently incorporated with the city of Kingston. It was the Dutcli word meaning a " small fort." In Docs. Relating to Col. Hist, of X. Y., XIII., p. 149, it is called "Eedout;" at p. 257, it is called " Kedoubt." ^O'Callaghan, Hist, of New Netherland, II., pp. 356-7; also Brodhead's Hist, of N. Y., p. 536. Esopus creek still retains the name then applied also to the region through Avhich it ran. ^O'Callaghan, Hist, of New Netherland, II., p. 432. (Citing Alb. Ecc. XIX., pp. 36, 112, 114, 137-140). "• EoeloffSwartwout was soon after appointed the first sheriff at Wiltwyck. Among his instructions is the following : " He shall take rank of the Burgo- On the Hudson River. 31 summon in the name of the Dh-ector-General and Council, the appointed schepens, and preside at their meeting ; and with him three schepens, who for the present time and ensuing year, . . . are elected by the Director-general and Council aforesaid." This court was to give final judgment in civil suits involving fifty guilders, or less, in amount ; in other cases an appeal lay to the Director-General and Council. In criminal cases the local court had power to arrest, imprison, and transfer the delinquent to the Director-General, but not to act further except in regard to the lesser crimes, and in all such cases an appeal lay to the supreme authority. One clause of the charter reads: "All inhabitant^ of the Esopus are, till further orders, either from the Lords Patroons, or their higher magistrates, subjected and may be summoned before the aforesaid Sheriif and Commissaries, who shall hold their court, in the village aforesaid, every fortnight — harvest time excepted — unless necessity or occasion might otherwise require." ^ Subject to certain requirements of approval from the Director-General and Council, they might act in regard to public roads, the enclosure of lands, the building of churches and schools, etc. In conclusion the charter provides that " whereas, it is customary in our Fatherland and other well regulated governments, that annually some change takes place in the magistracy, so that some new ones are appointed, and some are continued to inform the newly appointed, so shall the Schepens, now confirmed, pay due attention to the conversation, conduct and abilities of honest and decent per- sons, inhabitants of their respective villages, to inform the Director-General and Council, about the time of the next election, as to who might be sufficiently qualified to be then elected by the Director-General and Council." masters and Schepens and sit in their meeting, also to exhort the culprits, sentenced by the Court, before sentence is passed on behalf of the magis- trates." Docs. Kelating to Col. Hist, of N. Y., XIII., p. 158. ' O'Callaghan, Hist, of New Netherland, II., pp. 436-7. 32 Dutch Village Communities Even before the incorporation of this village, there were evidences in the grants of land at Esopus of the distinction between the bouweries, or " home lots," ^ meadow land, and wood land. In a patent dated September, 1656, by Stuyve- sant and his council to one Cristoifel Davids, he was granted thirty -six morgens of land, " with as much hayland (meadow) as shall 'pro rata be allowed to the other bouweries." ^ About the same time there was a patent to Johanna de Laet, of land "containing altogether in arable lands, meadows and wood land five hundred morgens." ^ After the establishment of the local court of justice, one of the first cases which came before the three schepens, shows very well the existence of the custom of common pasturage. One Blanshan complained that the herdsman did not " bring his cows home in time, that he had not brought them in two days." The herdsman answered : " If they don't bring their cattle by the drove I can't care for them." This was the view of the court. ^ Only two years after Wiltwyck received its charter, came the massacre by the Indians, June 7, 1663. The savages, entering the palisaded village just before noon while the far- mers were in the fields, killed many of the defenceless women and children, took some forty-five others into captivity, and burned a part of the town. Seventy inhabitants were missing when the Indians were finally routed by the assembled vil- lao-ers. This seemed to be the beginning of the misfortunes which immediately preceded the surrender of the Dutch to the English in September of the following year. The situation became alarming ; " an expensive war was being waged against the Indians ; the Company's territory was invaded by Con- necticut ; the English villages were in a state of revolt, and the public treasury was exhausted." ^ In this extremity, the ' See page 24, supra. 2 Docs. Eelating to Col. Hist, of N. Y., XIII., pp. 69-70. 3 Docs. Eelating to Col. Hist, of N. Y., XIII., pp. 71-72. ■* Researches of the late Jonathan W. Hasbrouck. 6 O'Callaghan, Hist, of New Netherland, II., p. 490. On the Hudson River. 33 l)urgomasters and scliepens at New Amsterdam requested the Director and Council to call a meeting of delegates from the several towns, " to take into consideration the state of the province." "It was at this gloomy juncture," says Dr. O'Callaghan, " when it became evident that the country was held only on sufferance, and authority felt itself utterly pow- erless that the principle of popular Representation was, for the first time, fully recognized in this province." ^ Two deputies were elected by plurality votes of the inhabitants at New Amsterdam, Rensselaerswyck, Fort Orange, Wiltwyck, New Haerlem, Staten Island, Breukelen, Midwout, Amers- foort. New Utrecht, Boswyck, and Bergen. Even such a popular assembly as this, was not able to resist the tide of events which, in September of 1664, swept New Netherlaud from the hands of the Dutch and placed it under English rule. The Dutch colonists themselves did not seem averse to a change in government. They were doubtless wearied by their long struggle for the popular rights enjoyed in their Fatherland, and hoped that they might gain addi- tional freedom under England's rule. In that, they were doomed to disappointment ; it took nearly twenty years under English supremacy for them to reach the same point — the election of a populai* general representative assembly^ — which they had just gained from the Dutch government before its surrender to Colonel Nicolls. The Dutch of New Amsterdam vigorously contended, at this time, for their rights, and thus the articles of capitulation, which Nicolls consented to in the "Governor's Bowery,"^ con- tained many liberal clauses. They provided, among other ■ O'Callaghan, Hist, of New Netherland, 11., p. 505. * This was the general assembly of 1683, which divided the Hudson river valley into counties (see Docs. Eelating to Col. Hist, of N. Y., XIII., p. 575), and was the beginning of regular representative government for the whole province of New York. * What is now the Bowery in New York City was doubtless originally so called from Gov. StUyvesant's "home-lot" and its buildings. 3 34 Dutch Village Communities things, that " all people shall continue free denizens, and shall enjoy their, lands, houses, goods, shipps, wheresoever they are within this country, and dispose of them as they please ; " that they " shall enjoy their own customs concerning their inheritances," and " the liberty of their consciences in Divine Worship and church discipline." ^ As a whole, the immediate changes which the surrender wrought in the government were nominal rather than substantive. It had been agreed that in the inferior offices there should be no changes until the next regular election, and although New Amsterdam became New York, the same city government of schout, burgomasters, and schepens went on for nearly a year. On the 12th of June, 1665, there was published what the record^ calls : " The Gov- erno" Revocation of y® iForme of Government of New Yorke under y'' style of Burgomasf & Schepens " It declares : " That by a particular commission such persons shall be authorized to putt the Lawes in execucon in whose abilityes prudence & good affection to his Ma"^' service and y* Peace and happinesse of this Governm* I have especial reason to put confidence, which persons so constituted and appointed shall be knowne and called by the Name & Style of INIayor or Aldermen and Sheriffe, according to the custome of England in other his Ma"^' Corporacons." Eight years later (1673) Benckes and Evertsen's charter^ reinstated the Dutch govern- ment for six months before the English again took possession of the territory. The Duke of York's Laws* published and given to Colonel Nicolls, the Deputy Governor, in 1664, but not introduced till Sept. 22, 1676, recognize, with some changes of phrase- ' Docs. Relating to Col. Hist, of N. Y., II., pp. 250, 251. "^ Doc. Hist, of N. Y., I., p. 389. ^ For many of the papers of this period see Docs. Relating to Col. Hist, of N. Y., II., pp. 571-731. * These laws may be conveniently referred to, as published under direc- tion of the Secretary of the Commonwealth of Pennsylvania in 1879, with interesting historical matter relating to that State. On the Hudson River. 35 ology, the existence of many of the village customs which prevailed in the earlier Dutch settlements. Constables were to be chosen yearly, " by the plurality of the votes of the freeholders in each town." The " overseers shall be eight in Number, men of good fame and life, Chosen by the plurality of voyces of the freeholders in each Town." Thus the voters of the villages were, as before, the freeholders ; the suffrage continued to be based upon land. Similar methods of holding the land in common still obtained, and were recognized in the Duke's Laws. " Every person interested in the improvement of Common fields inclosed for Corn or other Necessary use shall from time to time, make and keep his part of the fence Sufficiently Strong and in constant repair, to secure the Corn and other fruits therein, and shall not put, cause, or permit any Cattle to be put in so long as any Corn or other fruits shall be growing or remain upon any part of the Land so Enclosed." Fence-view^ers, such as had earlier been appointed in New Amsterdam and other Dutch towns, were also provided for in the English laws just quoted, " for all or each Common field belonging to the Town where they dwell ; to view the Common fences within their trust." Further, " all cattle and hoggs shall be markt with the publique mark of the Town to which they belong and the private mark of the owner, and whatsoever Swine or greater Cattle, horses excepted shall be found in the woods or Commons unmarked are Lya- ble to poundage." ^ The character of the courts proposed by ' It is interesting to note that in the Duke's Laws, the rules laid down for the building of line fences show a marked distinction between the " home- lots" and all other land. Between the "home-lots," the line fence must be made and maintained by both owners, even if only one wished to " improve" by fencing. Of other lands, only such as " improved" the land paid for the fencing. He " shall Compell no man to make any fence with him except he also Improve in Several." ''The village pound is so old an institution ("older than the King's Bench," says Sir Henry Maine, in Early History of Institutions, p. 263), that the survival is a matter of special interest. Dr. II. B. Adams has called attention to its early existence at Hatfield, and has noted its deriva- 36 Dutch Village Communities these laws was similar to that of the earlier Dutch tribunals. The Court of Sessions^ held within the "Riding," by the constable and justices of the peace, took the place essentially of that of the schout and schepens under the Dutch. The Court of Assizes, held once a year at New York, was a higher Court, and the local Town Courts were lower than the Court of Sessions, and were constituted by the constable with at least five overseers sitting in judgment upon matters belong- ing peculiarly to the town. Governor Nicolls five years after the first English posses- sion, in answer "to the Severall Queries Relating to the Planters in the Territories of his R. H. S. the Duke of Yorke in America," " reports : " 1st. The Governour and Council with the High Sheriffe and the Justices of the Peace in the Court of the Generall assizes have the Supreme Power of making altering and abolishing any Laws in this Govern- ment . . . 2nd. The Land is naturally apt to produce Corne & Cattle so that the severall proportions or dividents of Land are alwaies allowed with respect to the numbers of the Planters, what they are able to manage and in w* time to accom- plish their undertaking, the feed of Cattell is free in Com- monage to all Townships. The Lots of Meadow or Corne tion from the Saxon pytidan, to pen or enclose. — (Studies, First Series. New England Towns, p. 32). In the record of the transactions in the town of Wiltwyck, 1667, may be found the following instructions for the " pound- master (or Encloser)." " No horses or Cattle must run on the lands before the first of September. And if anything but working etual mystery of an immense silence."^ It is not strange, therefore, that in New Paltz the union of the Huguenots and the Dutch, who had brought the forms of primitive local government from two such sources as the forest regions of the Odenwald and the marshy peat fields of Drenthe, should result in a continuance of ancient village community customs here on the Hudson river, even into the present century. From the banks of the Rhine, the germs of free local insti- tutions, borne on the tide of western emigration, found here, along the Hudson, a more fruitful soil than New England afforded for the growth of those forms of municipal, state, and national government, which have made the United States the leading Republic among the nations. Thus in a new, and historically important sense, may the Hudson river be called the " Rhine of America." 'He was a magistrate at Hurley, in 1683. 2 Colls. Ulster Hist. Society, Vol I., Part 2, p. 177. The original certifi- cate is in the possession of Edmund Eltinge, Esq. ^Laveleye, Prim. Prop., p. 282. •* De Amicis, Holland and its People, -p. 390. The English Historical Review. Edited hy the Eev. Mandell, Cbeighton, M. A. LL. D. Dixie Professor of Eccle- siastical History in the University of Cambridge, agisted hy Reginald Lane- Poole, M. A. Ph. D. and a small committee of persons of known qualifications. Part I. will be published on Jan'y 15, 1886, and will be continued quarterly. The Subscription Price will be $5.00 Per Annum. Single Numbers $1.50. CONTENTS : 1.— Articles. The Condition of Historical Literature, by Lord Acton. Homer and the Earlv History of Greece, by D. B.Monro, I'rovosl .iforiil C.illrLiv, OxlVmL The Tyrants uf Grout I'.rilAiii, ( laul, aii.i Spain, A. D 40r,-411, bv E. A. Vicr.KMAX, D. ■ '. L. Regius Professo'r of Mudern HisLor)- in the University of Dxford. The Deatli of Amy Robsart, by J. G.-virdner, of the Putilic Record oflice. The Repression of the Irisli Woollen Trade, by Rev W. Cunningham, Lecturerof St. John's College, Cambridge. Some Points iu the Greville Memoirs. 2.— NoTKs AND Documents. A Contemporary Poem on Cesare Borgia, by R. Garnett, of the British Museum. Cuthtiert Mayne and the Bull of Pius V. by T. G. Law, Librarian of the Signet Library, Edinburgh. An Early Tract on Liberty of Conscience, by S. R. Gardiner. Letters of Increase Mather and Randolph, by C. E. DOBLE. The Campaign of General Braddock, by J. C. Wilson 3.— Reviews of Books. 4 —Notices of the Contents of Foreign Historical Periodicals. 5.— Bibliography of Historical Works. The English Historical Review will be conducted somewhat after the model of the Revue Historique or von Sybel's Historisehe Zeitschrift. It will deal with English, American, and Colonial history, and with such other branches of history, ancient and modern, constitutional and ecclesiastical, as are likely to interest any considerable class of English students. Its general arrangement will be according to the following f)lan : — (1) Original papers on historical subjects. (2) Unedited documents of special historical value. (3) Full notices of the more important historictil books appearing at home and abroad. (4) An historical bibliography giving briefer critical accounts of minor works, and a chissiiied summary of articles in English, American, and Continental periodicals, dealing with subjects that lie within the scope of the Review. (5) Surveys of the progress of historical literature in special departments to be supplied from time to time. (6) Communications from scholars connected with the great libraries and with other storehouses of official information in England and elsewhere. (7) Notes on subjects connected with historical research. Present politics, as apart from history, will not enter the legitimate field of the Review. The Review will not in any way come into rivalry with existing publications. The intention of the promoters is to establish for the first time a review in the English tongue dealing with strictly historical research, open to students in all fields of history, and at the same time addressing itself tilso to those who, while not professed historical scholars, interest themselves in historical enijuiry. London: LONGMANS, GREEN, & CO. New York: THE INTERNATIONAL NEWS CO. njBXjICJLTIOnSTS or- THE JOHNS HOPKINS UNIVERSITY E JL Ij T I nvvdi o le IB I. American Journal of Mathematics. S. Newcomb, Editor, and T. Craig, Associate Editor. Quarterly. 4to. Volume VIII in progress. $5 per volume. II. American Chemical Journal. I. Remsen, Editor. Bi-monthly. 8vo. Volume VII in progress. $3 per volume. III. American Journal of Philology. B. L. GiLDERSLEEVE, Editor. Quarterly. 8vo. Volume VI in progress. $3 per volume. IV. Studies from the Biological Laboratory. Including the Chesapeake Zoological Laboratory. H. N. Martin, Editor, and W. K. Brooks, Associate Editor. 8vo. Vohime III in progress. $5 per volume. V. Studies in Historical and Political Science. H. B. Adams, Editor. Monthly. 8vo. Volume IV in progress. $3 per volume. VI. Johns Hopkins University Circulars. Containing reports of scientitic and literary Avork in progress in Baltimore. 4to. Vol. I, ^5; Vol. II, $3; Vol. Ill, $1.50; Vol. IV, $1.50; Vol. V in progress. $1 per year. VII. Annual Report. Presented by the President to the Board of Trustees, reviewing the opera- tions of the University during the past academic year. VIII. Annual Register. Giving the list of officers and students, and stating the regulations, etc., of the University. Published at the close of the academic year. Eowland's Photographs of the Normal Solar Spectrum. $10 per set of seven plates ; $2 per plate. Studies in Logic. By members of the Johns Hopkins University. C. S. Peirce, Editor. (Boston. Little, Brown & Co.) 1883. 123 pp. 12mo. $2.00. The Development and Propagation of the Oyster in Maryland. By W.K.Brooks. 1884. 193 pp. 4to; 13 plates and 3 maps. $5.00. On the Mechanical Equivalent op Heat. By H. A. Rowland. 1880. 127 pp. 8vo. $1.50. New Testament Autographs. By J. Rendel Harris. 1882. 54 pp. 8vo; 4 plates. 50 cents. Sir William Thomson's Lectures on Molecular Dynamics. Delivered at the Johns Hopkins University in October, 1884. Reproduced from steno- graphic notes by the papyrograph plate process. About 350 pp., 4to. $5.00. Communications in respect to exchanges and remittances may be sent to the Johns Hopkins University (Publication Agency), Balti- „^...^ tilt „ ^..\ ^ „ A more, Maryland American Journal of ircteology AND OF TH: HISTORY OF THE FINE ARTS. All important work in the whole field of Archaeology, — Ori- ental, Classical, early-Christian, Mediaeval, and American, — is brought to a focus and made accessible under the categories of I. Original articles ; II. Correspondence ; III. Reviews of Books ; lY. Archreological News; V. Summaries of Periodicals; VI. Proceedings of Societies ; YII. Bibliography. iVb. 4 of Vol. I. is now in jn'css, and contains 1 . ]Marble Statue of Artemis in the Museum at Constantinople ; by Salomon Reinach. 2. Law Code of the Kretan Gortyna. I. (Introd., Text, Trausl., Comment) ; by Aug. C. Merriam. 3. Mosaic of the Fa9ade of San Paolo-fuori-le-mura of Rome ; by A. L. Frothixgham, Jr. 4. Inscribed Base of an archaic bronze statue from Mt. Ptous ; by Salomon Reixach. 5. The Monoliths of San Juan Teotihuacan, Mexico ; by Wm. H. Holmes. 6. The Revival of Sculpture in Europe in the XIII century ; II. by A. L. Frothixgham, Jr. 7. La Numismatique Grecque et Romaine ; by Ernest Babelox. Yearly subscription $3.50 : Yolurae I., — containing about 450 pages royal 8vo., 11 Plates, and 16 Figures, — indexed, and bound in cloth, will be sent post-paid upon receipt of $4. by the managing editor, A. L. FROTHINGHAM, Jr. 29 Cathedral St., Baltimore, Md. LAW BOOKS, PUBLISHED BY CUSHINGS & BAILEY, BALTIMORE, MD. ) ALEXAN DEE'S BRITISH STATUTES IN FORCE IN MARY- LAND, 1 vol. 8vo $10 00 BARROLL'S MARYLAND CHANCERY PRACTICE. 1 vol. 8vo. 3 00 BLAND'S " " KEPORTS. 3 vols. 8vo.. 15 00 BUMP'S FEDERAL PROCEDURE. 1 vol. Bvo 6 50 " FKAUDULENT CONVEYANCES. Third Edition. 1 vol. Bvo 6 50 EVANS' MARYLAND COMMON LAW PRACTICE. 1 vol. 8vo. 4 00 HINKLEY & MAYER ON LAW OP ATTACHMENT IN MARY- LAN D. 1 vol. 8vo 3 CO MARYLAND DIGEST, by Norris, Brown & Bkunk. -. Comprising Harris & McHenry, 4 vols. Harris & ' -.^ ,, Johnson, 7 vols. Harris & Gill, 2 vols. Gill & j" ^" ^"^ Johnson, 12 vols. Bland's Chancery, 3 vols J " DIGEST, BY Stockett, Merrick & Miller. Comprising Gill, 9 vols. Maryland, 1—8 inc. \- 10 00 Johnson's Chancery, 4 vols " DIGEST, BY Cohen & Lee. Comprising 9 — 20 inc. Maryland " DIGEST, BY BURGWYN. 1^ Comprising 21 to 45 inc. Maryland j POE'S PLEADING AND PRACTICE. 2 vols. Vol. 1, Pleading. Second edition in press. " 2, Practice 7 00 GROUND RENTS IN MARYLAND. By Lkwis Mayer, Esq., of the Baltimore Bar. 1 vol 1 50 MARYLAND REPORTS. 60 Vols. 1851 to 1883. Per vol 4 00 A few complete sets of Maryland Reports on hand at present, comprising: Harris & McHenry's Reports, 4 vols. ; — Harris «& Johnson's Reports, 7 vols.; — Harris & Gill's Reports, 2 vols. ; — Gill & Johnson's Reports, 12 vols.; — Gill's Reports, 9 vols. ;—l\Iary land Reports, 60 vols.; — Bland's Chancery Reports, 8 vols. ; — Johnson's Chancery Reports, 4 vols. ; — 101 vols. For sale cheap. They also keep a large and complete stock of Law, Classical, Medical and Miscellaneous Publications, which they offer for sale at low prices. Agents for Sale of the Publications of the Johns Hopkins University. I 10 00 Magazine of Western History ILLUSTRATED. Tlip Magazine of Western History is invaluable to every Stiidnnt of History, to Pioneer Settlers and iheir descendants, and to all others who prize National, State, and Local History. J'h'iixi' iibxfrrc the purposes it has in view : l>t. The :Magazine will contain contributions from eminent writers on subjects of general his- toric interest. It will give special attention to the collection and publication of new incidents and facts of western annals, and its publishers will be gratelul to any student of history who will forward them any information that will throw new li^ht upon unsettled points of western history. 2d. It contemplates a history of each of the great western and south-western States that have not already satisfactory State histoiies. The history uf Ohio, the first of the series, is already in course of preparation, and the opening chapters will soon appear. 3d. It will contain a series of papers on the Bar, the Medical Profession, Churches, Colleges and Schools, the Press, and the Commercial and Manufacturing Interests of the West. 4th. The publishers respectfully request each .secretary or other otiicer of every historical or pioneer society in the country, or Canada, to send them any information relating to the work, transactions and regular meetings of such society. The Western Reserve and Northern Ohio Historical Society has placed at the disposal of the editor of this Magazine, for its advantage and enrichmeni, the rare ana valuable collection of the Society's historical manuscripts. Other societies are likewise profl'ering valuable aid. The Magazine will be richly and copiously illustrated by artists of established reijutation and ability. Terms §4.00 per year. Single copies 35 cents. Address : MAGAZINE OF WESTERN HISTORY, Cleveland, Ohio. THE UNIVERSITY: FOUNDED 1877. A Literary and Critical Journal, published every Saturday, at Chicago. The TInivevsity is not the organ of any college ; it is not distinctively an educational paper ; but it aims to deal with living issues from the university stand-point, — to reflect the ripest American scholarship in its discussion of politics, religion, education, science, literature and art in their various bearings. Its pub- lishers solicit the subscrij)tion of all persons interested in the support of an inde- pendent exponent of liberal culture on a plane of superior excellence. Price per year, $2.50; per copy, 5 cents. Special trial offer to those who see this advertisement. Send 25 two-cent stamps and receive The Universiti/ three months on trial. Specimen copies — three different issues — will be mailed to any address for examination on receipt of 10 cents. Address THE UNIVERSITY COMPANY, 135 Wabash Avenue, Chicago. CHARLES SCRI BNER'S SONS' NEW BOOKS. 12th thousand of the Authorized Edition. THE RUSSIANS at the GATES of HERAT. By Charles Mabvin, principal authority of the r^nulisli press on tlie ( entral Asia Dispute. Paper, 50 cents; cloth, $1.00. Illnstrated with portraits and maps. This book is the most important contribution to a complete understanding of the present quarrel between England and Russia that has yet appeared. Its author, Mr. Charles Marvin, is probably the best livin}; authority upon the whole subject. ... To all who wish to be well informed on the menacing quarrel between the two great powers, Mr. Marvin's book may be heartily recommended.— iVeia York Tribune. Stepniak's Great Woi'k. RUSSIA UNDER THE TZARS. By Stepniak, author of "Underground Russia." Hindered into Enylisli l.y William Westall. 1 vol. 12mo, $1.50. The most inipuitaiil cKutriliuiiou yet iikkIc to a knowledge of the Russian Empire of to-day. In bis book " Undersrouiul Russia," "which had a great sale in America, the author showed the tlioroughness of his information, and it aroused very great expectations for this more extended work. The new volume is a revelation, and coming just at this time, after a long and careful liri^l)aration, will meet a demand lor an inner histoiy of Russian government methods told boldly and fearlessly. Rarely is a great storv narrated so simply and vet so effectively. — New York Times. THE RESCUE OF GREELY. By Commander W. S. Schley, U. S. N., and Professor J. Russell Soley, U. S. N. With maps and numerous illus- trations. 1 vol. 8vo, $3.00. This is an admirable record of one of the most thrilling episodes of Arctic adventure. ... In every rfspect the narrative is a model of good taste.— jVew) York Tribune. ASSYRIOLOGY : Its Use and Abuse. By Professor Francis Brown. 1 vol. lliino, !?1.U0. Tlie method and scope of this book are new. It is designed to show, with illustrations, and in a familiar and popular style, what the chief advantages are which Old Testament students can derive from Assyrian discovery, and also some of the dangers to which they are exposed. A valualile list ol the more important books on the subject is appended. AMERICAN PRESBYTERIANISM: ITS ORIGIN AND GROWTH, togetlier with an Appendix of Letters and Documents, many of wiiieli have recentlv been discovered. By Charles Augustus Briggs, D.D. 1 vol. 8vo, with "Maps, $3.00. The book traces the origin and growth of Presbyterianism in Great Britain and its develop- ment in America, with the aid of much new material, including " A Description of New England," bv .lolin Eliot, in 1650. It recounts the growth of tlie foremost missionary movements of Great Britain and America in the 17th and 18th centuries, and sketches the constitutional progress of all liraiiclies of the Presbyterian family. It has so much to do with the origin and early history ol towns and colonies that it will interest, not only Presbyteriaas, but that large class of students Willi are devoted to the study of the early history of America. OBITER DICTA. One volume, 16mo, with an American preface, $1.00. .Something jileasant to retd and delightful to own ; a bit of literature to be brought out fre- quently and read to an old friend, but to lend with caution. The author perfectly preserves the s|)irit of his title ; his criticism is enjoyable less because it is so keen than because it is so care- less.— 77;e Crific. MEDIEVAL CHRISTIANITY. By Dr. Philip Schaff. Being Vol. i V, " History of tlie ( hristiim ( 'hurch." 8vo, $4.00. The book covers the history of i he ( hurch in the Middle Ages from Gregory I. (590) to Gregory VII. (107:i). and di^ usse- a most iiii.n sting but comparatively little known period, teeming with events of the -reaieM impoiiaiie ■ in ihe history of Christianity and civilization. "The ]nex( lit \oliiiiie -trills almost an encyclopedia in its range, telescopical in its grand Sur- vey of the held, iiiieidseo|iieal in its detailed and minute investigation." — Biiff'atn Times. THE NEW DEPARTURE IN COLLEGE EDUCATION. By Presi- dent .James McCosh. Pamphlet, 15 cts. Ptildished March 10. Dr. MeCosh's paper, read liefore the Nineteenth Centuiy Club, contains a reply to President Eliot's defence of the '• New Dejiaiture." TEACHING OF THE TWELVE APOSTLES. AIAAXH Ti2N AS2AEKA AliO:;;TOAi2N. Edited witii a Translation, Introduction, and Notes, by Ros- WELL D. Hitchcock, D.D., and Professor Francis Brov^^n. 1 vol. 12mo, $2.00. fH^" These books are for sale by all booksellers, or will be sent, postpaid, on receipt of CHARLES SCRIBNER'S SONS, 743 & 745 Broadway, New York. COLONIAL NEW YORK. PHILIP SCHUYLER AND HIS FAMILY, By HOX. GEO ROE W. SCHUYLER. Two Volumes, Octavo. Vellum Cloth, Gilt Top, Uncut Edges. Price, $10.00. ONLY FIVE nUNDREn COriES fRINTED. Mr. Schuyler began this work, as he explains in his preface, by the study of the genealogy of his own family; but, as he went on, he found himself led irresistibly into a wider field than that of mere family annals, and he ended by the very important contribution to Colonial New York history which these volumes now contain. The families and descendants of Philip and Peter Schuyler have been connected by marriage or association with so large a proportion of the older New York families, that Mr. Schuyler's lesearches have taken the widest range. The Van Schlichtenhorsts, Van Cortlandts, Van Rensselaers, Livingstons, Verplancks and many more are among those into whose family history his investigations have led him ; and the original records upon which his information is founded have yiekh d him a multitude of curious facts that will be new even to those specially interested in these genealogies. There has been no recent contri- bution of such moment to our earlier State and family annals. A SUPERB VOLUME. T I R Y M S : THE PREHISTORIC PALACE OF THE KINGS OF TIRYNS ; THE RESULTS OF THE LATEST EXCAVATIONS. By DR. HENRY SCHLIEMANN, Author of " Mi/cenae" " IHos," etc. The Preface by Prof. F. Adler, and Contrihulions by Dn. William Dorpfeld. With 1S8 Woodc^h, 24 Pla/es in (Jiroiixi-Lilhoffraphy, \ Mapnndi Plaiu. One Voluine. Umjiil Orliin,. Sin. no. PUBLISHED SIMULTANEOUSLY IN ENGLAND, FEANCE, GERMANY, AND AMERICA. " The bust, most iuleiesling and most important of L)r. Scliliemann's works." — Eugene tichuyler. THE HISTORY OF GERMAN LITERATURE. By Prof. William Scherer. Trans- lated under ttic supeivisiun of Uk. .Max Mlller. 2 vols. 12mo. SS.SO. Profe sor Scherer's is the tirst history of German literature worthy to be called at the same time masterly, in a scholarly sense, and popular. His presentation of liis subject is not simply scholarly, but attractive to a degree bar Uy imaginable by those who have not read the book, and who know its extreme conciseness — for it fills two volumes in small octavo. It is already a rt'cog- rized authoiity of the highest rank in its own country, and this translation, with the sponsor- ship of the first of Anglo-iierman scholars, will occupy a place among our own means of instruc- tion which there has heen nothing else to fill. THE SILENT SOUTH. Togethir with "The Freedman's Case in Equity" and "The Convict LeuM- Sy,^tem." Hy GKoRdi: W. Cable. 1vol. 12ino. With Portr;iit. $1.00. This voliiiue cuiitains Mr. Cabk's remarkable es>ays on the negio question which have attracted so iiuich attention among the intelligent people both in the North and South. It is a strong appeal for the uegro which is certain to create a wide and earnest discussion. To those who have not read any of Mr. Cable's papers on the subject, this book will be a revelation. TWO YEARS IN THE JUNGLE. The Experiences of a Hunter and Naturalist in India, Cevlon, the Malay l^eninsula and Borneo. By William T. Hornaday. 1vol. 8vo. With Maps and Illustrations. $4 00. "Since the visit of Mr. A. II. Wallace in the Malay Archipelago, no such important addition has been made to the data of natural history as is embodied in this recoid of exact and ample observ.ation in a seldoin-penetraled field." — New York Sun. THE GREEK ISLANDS, AND TURKEY AFTER THE WAR. By Hknky M. Field, D. D., author of ''E^ypt to Japan," "Among the iloly Hills," etc. 1 vol. 12mo. Wih Maps and Illustrations. $1.50. Dr Field's famous series of books of travels, which began with the volume "From the Lakes of Killarney to the Golden Horn," receives in this volume a final and a particularly interesting contribution. The book is opportune, since it gives a striking picture of that country, aliout which the whole Eastern Question revolves, and of the rapid and important changes which have been, and are still going on in the Greek Archipelago and Turkey. 1 he maps are of special importance and value. ARMY LIFE IN RUSSIA. By Lihut. F.V.Greene, U.S.A. Anewedition. lvol,12mo. $1.2,5. "It is most tortunate for the reputation of our country and our army that we had such an officer to send to the far-away land of Turkey in Europe, and most, creditable to our War Department that it sent such a man. His book deserves to be universally read, and we arc sure that no persons whom these lines may lead to purchase it will fail to rejoice that they have been written." — The Nation. These books fur sale by all booksellers, or sent, post-paid, on receipt of price, by CHARLES SCRIBNER'S SONS, 743-745 Broadway, New York. The Presbyterian Review for 1886. Messrs. CHARLES SCRIBNER'S SONS beg to announce that they have become the publi.shers of The Presbyterian Review, which will remain under the editorial management of the Presbyterian Review Assoeiatiou. In .lanuary it enters upon its seventh year. Its editorial staff represents six of the leading Theulogical Seminaries of the Presbyterian Church of America : MANAGING EDITORS: Charles A. Briggs, D. D. Fkancls L. Patton, D. D., LL. D. ASSOCIATE EDITORS: Ransom B. Welch, D. D., LL. D. W. H. Jeffers, D. D., LL. D. James Eells, I). D, LL. D. Thomas H. Skinner, D. D. With these are also associated : Talbot W. Chambers, D. D., of the Reformed ( Dutch) Church ; Robert Flint, D. D., LL. D., of the Church of Scotland; Henry Calderwood, LL. D., of the United Presbyterian Church of Scotland; Thomas Croskery, D. D., of the Presbyterian Church ot Ireland; VV. G. Blaikik, D. D., LL. D., of the Free Church of Scotland; and Principal Wil- liam Cavan, D. D., of tlie Presbyterian Church of Canada. Daring the coming year the Review will be made better and stronger than ever before, and no expense or pains will be spared to make it the must thoroughly satisfactory theological Review of its kind in America. Among the features of the January number, which will be in the hands of subscribers promptly on the first of the >ear, are the following articles: Pkof. Witherow, of Londonderry, Ireland, on the Christian Ministry. Dr. Kdson, of Indianapolis, on John Todd, a Hume Missionary/ Sketch. Prof. Knox, of Tokio, Japan, on the Missionari/ Proliinn in Japan. Dr. Henry J. Van Dykk, of Brooklyn, on Ordiiuiiinii /.< thi; Christian Ministry. Prof. Francis L. Patton, of Princeton, on Thr Mri.iplni.sirs of Moral Obligation. PkINCIPAL Ca-<'EN, of Toronto, on the Revised Version ns a n-hole. Critical Notes by Rev. D. D. Bannerman, of Perth, Scotland ; Prof. Francis Brown, of New York, and others. Editorial Notes by the Editors: Book Reviews bv A. A. Hodge, C. W. Hodge, F. L. Patton, W. H. Green, T. W. Hunt, C. A. Aiken, of Princeton ; F. Brown, G. L. Prkntiss, T. S. Hastings, W. G. T. Shedd, C. A. Briggs, of Union Sem. ; E. D. Morris, John DeWitt, of Lane Sem. ; Herrick Johnson, of Chicago ; B. B. Warfield, of Allegheny ; R. B. Welch, of Auburn ; Howard O.sgood, of Rochester ■ H. M. Baird T. W. Chambers, Marvin R. Vincent, of New York; Principal McVicar, and Prof. Campbell, of Canada; Prof. Croskery, of Ireland; and Prof. W. G. Blaikie, of Scotland. The Programme for 1886 includes the following papers : Donald Frazer, of London, on the Salvation Army. W. H. Green, of Princeton, Defense of the Revised Version of the Old Testament. Robert Flint, of Edinburgh, Criticism of Modern Classifications of the Sciences. Principal McVicar, of Montreal, on Romanism in Canada. President R. D. Hitchcock, of New York, on Socialism. Prok. Francis Brown, of New York, on the HiUites. Dr. Craven, of Newark, on the Revision, of the Presbyterian Form of Government. Prof. Charteris on Woman's Work in the Church. Dr. J. P. Wilson on Lay Preaching. Also articles may be expected fiom Prof. A. A. Hodge, Prof. E. D. Morris, Prof. Herrick John.son, and others. A leading feature in the new volume will be a series of Short, Crisp and Readable Papers by well-known Writers on Practical and Literary Themes, which will interest all clas.scs of renders. The Department of Reviews of recent Theological and Kindred Literature will be veiv lull r;in'liil and tli.nuimh. No |,aiiis ui- i'N|,-ii^.. will l.c ■.paicd K. iiiak.- llii- .lci>artiiient lii-.-.Miiinriil, and alilc will, is, « linsr nam. > rai i v niii.li w.^-lil, will n. ill ill .ill.' aril. ■!.'-. .m linnlcs o|- in,|...iian..f. puLiislicl in Am.ai.a and al.rna.l. lli.' l;i,vii:\V has, durin.n lii. j.a.sl y.-ai', ijiven upwaids uf 20(1 clu.vily-ijriuli;-uth, London, England. La pensee a large enverfture est condensee en quelques pages dans un style phllosophique, chatie, magistT&l.—L'Electeur. A most excellent journal.— CTicafiTo Current. The Week is sw^erh.— Vanity Fair, Chicago. The Week has made a good impression, and occupies a position of no small influence in the Dominion. — The. American, N. Y. The Week has a personality of its own. Its editorials, especially, are characterized by a Catholic and judicial tone that comport well with the dignity of a true exponent of Canadian enterprise and culture. — Fortnightly Index. Michigan. We can mention with emphatic approval The Week, one of the ablest papers on the conti- nent. — Descriptive America. The Week maintains the high standard taken by that journal from the first.— ?%e Continent. It is a remarkable truth that there is not in the United States a weekly literary publication to compare with or even to approach in learning and ability the Toronto Week. Its pages dis- play as much insight into all their subjects as those of the London Spectator. —Jersey City Herald. The Week has already taken a well-earned position as one of the leading journals among our neighbors — Boston Home Journal. The Week is rapidly making a place and a reputation, taking high rank among the members of the Canadian press.— £o6/o;j Courier. Canada has really an addition to first-class journalism in The Week. It is able, high-toned, and independent; discusses politics and literature from a dignified standpoint, and provides reading which is alik^? stiuiulative to thoughtful people and entertaining and instructive to the family circle. — Boston Evening Gazette. The contributed articles maintain a high si&TiAaTd..— Philadelphia Progress. The Week is certainly good enough to win swccess.— Buffalo News. The editorial and contributed articles are of a high order of raerii.— Belfast Republican Journal. C. BLACKETT ROBINSON, Publisher, 5 Jordan Street, Toronto, Ontario. Jg]^" Sample Copies sent Free on Application. ''SgB Begimiiiigr witli July, 188-5, the MAGAZINE OF AMERICAN HISTORY will publish a series of papers on mCMLWM FROM ill POINTS OF VIEW, SPECIAL STUDIES IN ITS HISTORY. The unrivalled facilities of the MAGAZINE OF AMERICAN HISTORY for securing the most acceptable and authoritative data on all qnestions of a historical character, and through the repeated and urgent solicitations of many persons of eminence and influence, this periodical will commence, with the July issue of the present year, the publication of a series of prepared by active parlieip-jnts in the stirrins scenes described, and by the best of living writers. One-fourth of a century luis softened the memories of the great civil conflict, and through the renewal of kindly intercour-^e between the North and the Soulh our country is now rapidly growing in prospsrity, wealth and power. The moment seems to have fully arrived for placing its history from all points of view on permanent record. The study of a contest so memorable for the magnitude of its issues and the sacrifices of blood and treasure it involved, must necessarily be conducted in the genuine historic spirit. The truth not partisanship will be represented. The mere description of battles is not so much a part of this important scheme as many other interesting phases of the War, such as its effects upon the people of the different sections of the country, and upon the world's future. Fresh material will surprise and inform our readers from time to time, with innumerable glimpses from behind the scenes, which do not fall readily into the grasp of the annalist or reciter of adventures. Beginning with the first great uprising throughout the land, in 1861, the method and continuity of these will enable the Student of American History to trace the memorable contest authoritatively from its inception to its close. It will be not only of interest now, but of surpassing value hereafter, as cotemporaneous evidence for the future historian. These papers will be per- tinently illustrated with portraits, and also with photographs, and pen-and-ink sketches MADE AT THE TIME, and never before published. The MAGAZINE OF AMERICAN HISTORY has been so fortunate as to secure a large number of these negatives and drawings from distingul.shed sources, which will add immeasurably to the interest and value of the series. This magazine is conducted in a spirited and popular manner, and is printed with such care and taste that it is a pleasure to turn its beautiful pages. There are two handsome volumes in each year, beginning with January and July. The Fourteenth Volume begins with the Number for July, 1885. With each successive volume an elaborate index is carefully prepared and added, enhancing the value of the work, particularly for reference, in a measure that cannot be overestimated. It forms also a unique gallery of historical portraits. There is no work in existence more absolutely indispensable to the well-chosen library, whether public or private, or more desira- ble and appropriate for the cultivated home and the study-table. Schools, colleges, and libraries have found it a necessity. Subscriptions may begin at any time, and all booksellers and newsdealers receive them, or remittance may be made direct to the publishers. Price iJS.OO a year, or 50 cents a single number. The price of the bound volume is $3.50 for each half year, in dark green levant cloth, and $4.50 if bound in half morocco. This Magazine and the Century will be sent to any one address for a year on receipt of $7.50. Address MAGAZINE OF AMERICAN HISTORY, 30 Lafayette Place, New York City. THE PEABODY SERIES ILLUSTRATED READING BOOKS, Arranged and Graded for the Use of Schools. Retail Price. Wholesale Price. I>RI]ytER, - - - - 13 cerxts. lO cervts. I^O^T^ANT REi^^DER, - 15 " 1^ EIRSa' REA-DKR, - SO " 17 SECOISTD REA-DER, - 30 " 25 THIRD REi^DER, - 40 " 3o EOXJRTH REA-DER, - 50 " 4.0 |' EIETH REi^DER, - 60 " 50 SIXTH READER, - 70 " 60 THE OPINIONS OF THE PRESS. '"™:SLto;"rrir;b»S".s »d«„raMe m „.ny „,., The „,.n..n,e„t is exe.nen.. and iud^ment. The books are beuUifuUy printed, and the get-up of the series an gcueiai exceptional for good taste and ele-ance.''-5a«»7iore ^mencan. r n nnri ^ir-Ptv """S ST. co„™,. ot ,l,e Mlowlnjbooj.: Primer Inf.n. B'^^'dlS. ™i™»'wS reiding matter so as to make it interesting as well as instruct ve to the pupiU. It euiDiaceb a. very wide range both of subjects and of writers."— Ca//io/ic Slandard. Sample Copies to Teachers and School Officers sent by mail prepaid on receipt of the net wholesale price. Correspondence solicited with reference to the Examination and Introduction of above Eeaders. a^^Special Eates for Introduction or Exchange. JOHN MURPHY & CO., Publishers, Baltimore. CONTENTS OF FIRST SRRIRS.— Continued. III. Local Government in Illinois. First published in the Fortnightly Keview. By Albert Shaw, A. B. Iowa College, 1879. — Local Gov- ernment in Pennsylvania. Bead before the Pennsylvania Historical \ Society, May 1, 1882. By E. E. L. Gould, A. B. Victoria University, Canada' 1882. Price 30 cents. IV Saxon Tithingmen in America. Bead before the American Antiqua- rian Society, October 21, 1881. By H, B. Adams. 2d Edition. Price 50 cents. V. Local Government in Michigan, and the Northwest. Bead before the Social Science Association, at Saratoga, September 7, 1882. By E. W. Bemis, a. B. Amherst College, 1880. Price 25 cents. VI. Parish Institutions of Maryland. By Edwakd Ingle. A. B. Johns Hopkins University, 1882. Price 40 cents. VII. Old Maryland Manors. By John Johnson, A. B. Johns Hopkins University, 1881. Price 30 cents. VIII. Norman Constables in America. Bead before the New England Historic, Genealogical Society, February 1, 1882. By H. B. Adams. 2nd Edition. Price 50 cents. IX-X. Village Communities of Cape Ann and Salem. From the His- torical Collections of the Essex Institute. By H. B. Adams.* XI. The Genesis of a New England State (Connecticut.) By Alex- ander Johnston, A. M. Eutgers College, 1870; Professor of Political Economy and Jurisprudence at Princeton College. Price 30 cents. XII. Local Government and Free Schools in South Carolina. Bead before the Historical Society of South Carolina, December 15, 1882. By B. J. Eamage, a. B. Price 40 cents. CONTENTS OF SECOND SERIES.— 1884. INSTITUTIONS AND ECOHOWICS. -Price ROO. I-II. Methods of Historical Study. By Herbert B. Adams, Ph. D. (Heidel- berg). January and February, 1884; pp. 137.* III. The Past and the Present of Political Economy. • By Eichakd T. Ely, Ph. D. (Heidelberg). March, 1884; pp. 64.* IV. Samuel Adams, The Man of the Town Meeting. By James K. Hos- MER, A. M. (Harvard) ; Professor of English and German Literature, Wash- ington University, St. Louis. April, 1884 ; pp. 60. Price 35 cents. V-VI. Taxation in the United States. By Henry Carter Adams, Ph. D. (Baltimore); Professor of Political Economy, University of Michigan. May and June, 1884; pp. 79.* VII. Institutional Beginnings in a Western State. By Jesse Macy, A. B. (Iowa College) ; Professor of Historical and Political Science, Iowa College. July, 1884 ; pp. 38. Price 25 cents. VIII-IX. Indian Money as a Factor in New England Civilization. By William B. Weeden, A. M. (Brown Univ.) August and September, 1884 ; pp. 51. Price 50 cents. X. Town and County Government in the English Colonies of North America. By Edward Channing, Ph. D. (Harvard) ; Instructor in History, Harvard College. October, 1884; pp. 57.* XI. Rudimentary Society among Boys. By John Johnson, A. B. (J. H. U.) ; Instructor in History and English, McDonogh Institute, Baltimore Co., Md. November, 1884 ; pp. 56. Price 50 cents. XII. Land Laws of Mining Districts. By Charles Howard Shinn, A. B. (J. H. U.); Editor of the Overland Monthly; December, 1884; pp. by. Price 50 cents. {Continued on fourth page of cover). CONTENTS OF THIRD SERIES.-1885. MARYLAND, VIRCIWIA, AND WASHINCTON.-PnceS3.50. I. Maryland's Influence upon Land Cessions to the United States \VitJi minor papers on (.^eoi-ge Washinoton's Interest in Western Lands tlie Potomac Company, and a National University. By Herbert B. Adams! ^^'- ^- (Heidelberg). January, 1885; pp. 102. Price 75 cents. pJiT^r Local Institutions: -The Land System; Hundred; Parish ; County ; Town. By Edward Lngle, A. B. (J. H. U.) Feb ruary and March, 1885; pp. 127. Price 75 cents. ' IV. Recent American Socialism. By Richard T. Ely, Ph D fHeidel- pSho'lZT ""^ ^'°"^°'^' ^- ^- ^- April 1885; pp. Tl V-VI-yil Maryland Local Institutions :-The Land System- Hun- ored; County; Town Py Lewis W. AVii^helm, Ph. D(B?liroore) ?n-Jr$l50 '''''' ^- ^- ^'- ^^"^' '^'^"^' ^"^ J"^^' 1885 ;PP 130. VIII. The Influence of the Proprietors in founding the State of New Lecturer J H. U. ; Professor of History, Political Economy, and Con- stitutional Law, Eutgers College. August, 1885; pp. 26. Pri 25 cents ^ ^^. . "'^A!J.^°"^^i^"*T^J The Relations of the Three Depart- ments as Adjusted by a Century. EyHoRACEDAvis,A.B.(Harv^ird) Sj'i^^^J^ncisco, California. September and October, 1885; pp. 70. Price ^^■^Vv I'^^'^TvP*^ 1°^ Washington. By John Addison Porter. A. B (Yale). November and December, 1885; pp. 56. Price 50 cents. PRICE LIST. Vol IV, (theNeto Series) will be furnished in montldy parts upon receipt of sub- scrvpUon price lp3;_ or, the bound volume will be sent at the end of 1886 for $3 50 Ihe Fourth Series mil coinprise about 600 pages, and xoill be devoted to American Municipal Govermnent, State Constitutional History, and Agrarian topics A limited number of Studies will be sold separately, although atsomeivhat Mqher rates than to subscribers for the entire Series. ^ •" -^ a/£7/ier Vol. I {the First Series) of the University Studies, 470 pp., is now out of print If If wSlSr ^"^ '' -i-.e.«n. bound in cloth during the cinLgyea^i Vol. II, 629 pp., bound in cloth, is now advanced in price to $4 00 Vol III,J>9b pp bound in cloth, can still be had at the original price, ^3 50 bouSwtuvies^ " ''"'" ^"" ^° ^"^g^'- be supplied, except in connection with the All communications relating to subscriptions, exchanges, etc., should be addressed to the Publication Agency, (N. Mtjrray)^Johns Hopkins University, Baltimore, Maryland. Subscriptions will also be received or single copies furnished by any of the following ' American Agents: New York, G P Putnam's Sons, 27 Washington,~James Anglim & Co. and 29 West 23d St. Baltimore,-John Murphy & Co. New Haven,-E. P. Judd, Chapel St. Cushings & Bailey. Boston,-Cupp es Upliam & Co. (Old Cincinnati,-Eobert Clarke & Co. Proirn.V T-K. v?^:c T. . Chicago.-Janscn, McClurg& Co. Ph?r.d^rnlfi'r P f ' 1 ^n''^°"' ?^- Louis,-C. H. Evans & Co. Philadelphia.-Porter & Coates. Louisville,-John P. Morion & Co. European Agents: London.-Triibner & Co.; or G. P. Berlin.-Puttkaramer & Miihlbrecht; Putnam s Sons. Mayer & Miiller. fans,— A. Hermann, 8 Rue de la Sor- Leipzig,— F. A. Brockhaus .Tr<^, Em. Terquem, 15 Boule- Turin, Florence, and Rome,-E. vard St. Martin. Loescher Strassburg,— Karl J. Trubuer. w«^"er. iw