The Schout In Rensselaerswijck: nflict Of Inter Colonial Albany Social History Project Hew York State Museu T he colony of New Netherland was a commercial be expandedand permanentsettlements offering regular venture through which the mercantile barons who, as life services and comforts would have to be established. directors of the Dutch West India Company, sought to However, few Dutchmen could be persuadedto emigrate challenge theFrench for control of a potentially lucrative to risk their lives in the New World for the sole benefit -North American fur trade. Within three decadesof the of the West India Company directors. Inducements initial exploration, the company leadership realized that would be required. the successof their venture was tied to Dutch ability to settle some of the land with colonists who could grow In 1629, the company issued the Charter of Freedoms and otherwise produce goods and services that would and Exemptions which permitted certain responsible support the activities of company fur traders.Among the individuals to establish personal estatesin New Nether- principal considerationsfor the successfulestablishment land. These so-called “patroons” were authorized to of European-stylecivilization in the New World was the appropriate large acreage plantations, to contract with necessity of imposing order in the American wilderness. farmers,agricultural processors,and artisans to become Although they disagreed on most other matters, the their tenants,and to rule their patroonships with many of company directors collectively understood that the the samerights, privileges, and responsibilities that had . imposition of such order followed the establishmentof been bestowedon feudal lords in Europe. The fur trade, Roman-Dutch law and the subsequentadministration of however, was to be the exclusive domain of the West justice in the colony.’ India Company. By establishing patroonships, the company hoped to populate the colony with permanent In 1626, the directors appointed Jan Lampo to serve settlers who would concentrate on the development of in America as schout fiscal, or chief officer of the law. natural resources other than those of the fur bearing This office was to combine the duties of a modem-day animals.3 sheriff and public prosecutor. Lamp0 was engaged to oversee the administration of justice for the entire Several patroonships were authorized. But the only province. But becauseearly New Netherland consisted permanent success was Rensselaerswijck, the 600- ofjust two fortified outpostslocated over 150 miles apart square-mile domain of Killiaen van Rensselaer, an and inhabited by only a few hundred E ropeans, the Amsterdamdiamond magnateand West India Company actual law enforcementat the northern tradi g post called director. This director was the leader of the company Fort Orange was left to the fort’s comma der. As long faction that advocatedintensive and long-term, internal as the number of settlersremained small, an while these development of the colony as the best way to achieve colonists lived in close proximity, order 1 d discipline permanent success. During the 1630s and 1640s he could be maintained by the West India Company repre- searched across Holland for able and even-tempered sentativesat the fort on the site of today’s Albany.2 settlers, signed them to service contracts, and sent them (often with their families) acrossthe Atlantic to Rensse- Although prospects for great success in the North laerswijclc. At every opportunity, Van Rensselaer American fur trade were considerable,as late as 1629the reminded them and their overseersof the virtues of tilling permanent existence of New Netherland still was in the land and of providing the services specified in their doubt. While the European demand for beaver hats and contracts. coats continued to increase,pelts becamemore difficult to obtain once the initial supply in the Hudson and lower Among other things, thepatroon was chargedwith the Mohawk valleys had been exhausted.Company officials responsibility for implementing and enforcing company soon understood that to reach more deeply into the orchnancesand policies in his domain, particularly those American interior for beavers,the frontier would have to prdhibiting tenants from privately engaging in the fur 3 4 SELECTED RENSSELAERSWIJCK SEMINAR PAPERS trade. Practically speaking, Van Rensselaer was to be the most powerful and important person in the expected to take charge of the administration of justice patroonship. However, the patroon’s vision was not on his patroonship. The patroon approachedthis respon- sharedby his first appointee.When he finally got around sibility both philosophically and pragmatically. He to commenting on Van Rensselaer’s commission and believed that his plan for development would benefit all directives, Van Soestrefused the appointment as schout- concerned, landlord and tenant alike. He also knew that officer and also decided not to renew his contract as a the guiding precepts of his patroonship-namely the tenant farmer. Perhaps Rutger Hendricksen was over- terms of tenant contracts and his frequent, more general whelmed by Van Rensselaer’sopening instructions. He instructions-must be strictly followed. Thus, it was may have been put off by the ambiguous nature of the clear that the term “justice” was synonymous with the schout’s remuneration; orperhaps Rutger Hendricksen maintenanceof the patroon’s rights and privileges.4 simply had enough of life in America. In any event, the patroon’s first law enforcement officer left. the colony in To that end, on July 1, 1632, the patroon appointed 1634.6 Rutger Hendricksen van Soest, a recently arrived Rensselaerswijck farmer, to serve as schout. In turn, Kiliaen van Rensselaer sought to apply what he Rutger Hendricksen was authorized to administer the learned from his dealings with Rutger Hendricksen van oath of office to five newly appointed schepens or Soest to the appointment of the next schout. Van magistrates who also were in residence on his estate. Rensselaer contracted with a North HolXander named Three weeks later from his Amsterdam counting house JacobAlbertsen Planck to serve as schout for a period of Van Rensselaer issued instructions for the schout and three years which began with his arrival in the colony in schepens. First, the schout was directed to call on the August 1634. Recognizing the importance of maintain- commis or West India Company managerat Fort Orange, ing continuity in the schout’s office, the: patroon had and to offer service of every favor, assistance, and insisted that Planck agree not to leave the position for friendship that could bemutually beneficial. Thepatroon three years on pain of heavy reparations. Like his was anxious for his representative to cultivate the predecessor,Jacob Albertsen also was given the position cooperation of the company and especially of its soldiers of officer which entitled him to a remune.rationof one- stationed at the fort. That connection would be critical to third of the fines he collected on ordinance violations, the maintenanceof his prerogatives. and also to a silver-plated sword and belt, which he was to receive from the company Director-General in New To solidify his new representative’s position, Van Amsterdam upon taking the oath of office. Rensselaerempowered the schout to hold the additional position of “officer.” As such, Rutger Hendricksen was Planck’s duties as officer and schout were more clear- designatedas the senior member of the governing coun- ly defined and would be exacting as well as diverse. He cil of the patroonship. The officer was to make certain was directed to exercise “proper supervision over all the that the council met regularly at his house, and that it men, farms, animals and everything else that may have observedproper Christian procedure in its deliberations. to be done” in the nameof the patroon. Like his predeces- In general, the council was to implement all Dutch laws sor, he was reminded to keep an exact record and account and customs. As the enforcement arm of this governing and was to report on activities in the colony at every body, the schout was authorized to admonish those who opportunity. In that way, the absenteepatroon would be “should misbehave themselves, especially those who informed on the stateof his estateto the minutest detail- through quarreling or fighting, through lazinessor drink- if the s&out was following his orders. Planck was ing, neglect the profit of their patrmn.“5 This was Van instructed to seekthe best advantageof the patroon in all Rensselaer’sprime directive to Rutger Hendricksen.The his endeavors, to perform the function of reader on patroon also askedthe schout to submit an annual inven- Sundays and holidays, and also to offer up the public tory and account of the state of the patroonship. Kiliaen prayers. Execution of the latter directive entitled Planck van Rensselaerwas willing to invest considerable trust to one stiver (five percent) from every guilder of the in his first appointee. He envisioned the schout-officer patroon’s net annual profit. as his personal representative-serving as chief administmtive officer of Rensselaerswijck-acquiring As with other things, Kiliaen van Rensselaer.held’ property, engaging tenants,and dispensingjustice in the strong options regarding exactly where in the colony his name of the patroon. This official clearly was intended schoutzofficershould reside. Planck hadbeen diiected to THE SCHOUT IN RENSSELAERSWIJCK 9 not proper for you and you far exceedyour bounden duty and to prosecutethose who were in violations of Rensse- in criticizing my administration and this once more on laerswijck ordinances and by-laws. In this way, the slanderous statementsthat I am sending informers into patroon reasoned, the officer would be prepared to the c~untry.“~~ The patroon then made it clear that he further the principles upon which the colony had been thought that none of his employees,least of all his chief founded a decadeand a half earlier. Those preceptswere officer, should be “reproaching, hindering, worrying and permanentsettlement as the basisfor the patroon’sprofit. accusing” his regulation of the patroonship.