New Amsterdam judicial system facts for kids

The New Amsterdam judicial system was the way laws were made and followed in the old Dutch colony that later became New York City. At first, it was set up by a private company, the Dutch East India Company. Over time, it slowly became more like the laws used in the Dutch Republic (the Netherlands) during that period.

How Law Started in New Netherland

In 1609, Henry Hudson sailed up a big river and claimed the land for the Dutch. For a few years, there wasn't a real government or legal system in this new land, called New Netherland. People living there, like traders on Manhattan Island, followed the rules of their ship captains.

Then, in 1621, the Dutch West India Company (WIC) was created. This company helped more Dutch people come to America. The Dutch government, called the States General, told the WIC to set up proper ways to govern and handle legal matters.

Early Rules in New Amsterdam

The city of New Amsterdam began as a place for business. Most people living there worked for the WIC. So, the WIC was in charge of both governing and solving legal problems. In 1623, the first settlers arrived. Willem Verhulst was an early leader, but he had problems with the settlers. So, Peter Minuit took his place as director in 1626.

The director of New Amsterdam and his council made laws, managed the colony, and acted as judges. Their decisions could be checked by the WIC in Amsterdam. Finally, the highest authority was the States General back in the Dutch Republic. The laws used were a mix of sea laws and regular Dutch laws. Slowly, they became more and more like the laws of the Dutch Republic.

New Land System: Patroonships

In 1629, a new system called "patroonship" was started. This helped the WIC with money problems. It allowed rich investors from Amsterdam to get large areas of land. But they had to bring at least 50 families to settle on that land within four years.

These patroons could set up their own courts to solve problems. People could appeal decisions to the WIC director and council in New Amsterdam if the fine was higher than 50 guilders (Dutch money). The most famous patroon was Kiliaen van Rensselaer, who started Rensselaerwyck. This patroonship system did not affect New Amsterdam itself, because the WIC kept control over Manhattan Island.

By 1640, the WIC was not the only big business in New Netherland. More and more settlers were making the colony their home. They had their own ideas and interests. The WIC director, Willem Kieft, made things difficult with the Native Americans. This led to conflicts between the Native Americans and the settlers. These problems also made the settlers unhappy with the WIC.

In 1641, after a serious incident, Director Kieft asked all the family leaders on Manhattan Island to meet. They formed a group of 12 men to give advice. But these 12 men wanted more power. In 1642, they asked Kieft to change how the colony was run. They wanted a government more like the one in the Dutch Republic. They also asked that serious legal cases should always have at least five council members present.

Kieft did not want to make these changes. So, a new group, the "Eight Men" (who replaced the Twelve Men), complained about Kieft to the States General and the WIC in Amsterdam in 1643 and 1644. By the end of 1644, the complaints about Kieft's strong leadership were heard. Kieft was called back to the Netherlands.

Changes Under Peter Stuyvesant

In early 1645, Peter Stuyvesant was chosen as the new director of New Amsterdam. He was told to create a new way of governing. But due to problems within the WIC, Stuyvesant and his vice-director, Lubbert van Dincklagen, did not arrive until 1647.

The director, vice-director, and a legal officer called the "fiscaal" formed the Council. This Council was involved in all government and legal matters. When acting as judges, the fiscaal worked like a public prosecutor. The highest military officer would also join the Council. For serious legal cases, two regular citizens from where the problem happened would also join the Council.

Stuyvesant also created a "Body of Nine Men." This group had three farmers, three citizens, and three tradesmen. They helped by providing three judges for civil cases (disputes between people) to assist the director and council.

On April 4, 1652, the States General ordered more changes. Because of this, a new Court of Magistrates was set up for New Amsterdam in 1653. This court was like the courts in Amsterdam, Netherlands. It had a "schout" (like a sheriff), two "burgomasters" (like mayors), and five "schepenen" (like aldermen or council members).

In the 1600s Dutch courts, there were no jury trials. Instead, people often used "arbitration" to solve problems. This meant a neutral person helped them agree. The Court of Magistrates handled civil cases involving up to 100 guilders. They also handled small legal cases and arbitration if both sides agreed. In 1656, their power in legal cases grew to include more serious situations.

Even though the magistrates were not trained lawyers, they usually knew a lot about Dutch law. The WIC provided law books. Some officials, like Vice-Director Van Dincklagen, even had law degrees from Dutch universities.

English Takeover: The Duke's Laws

In August 1664, four English warships arrived in New Amsterdam's harbor. On September 6, 1664, the Dutch gave up control. Colonel Richard Nicolls became the new governor. New Netherland was renamed New York, after its new owner, the Duke of York.

When the Dutch surrendered, they agreed to special rules called the "Articles of Capitulation." These rules protected Dutch laws and legal systems. For example, the Dutch could keep their inheritance laws, which were different from English ones. Dutch law also still applied to contracts made before the surrender. The Articles said that Dutch magistrates could keep their jobs until their term ended on February 2, 1665. On that day, they appointed their own replacements.

This meant that in New Amsterdam (now New York City) and Albany, there was a time when the old Dutch rules were still followed.

In other parts of the colony, new rules called the Duke's Laws were put in place. These laws created an English system of government and courts. This was different from the Dutch system, which was more spread out.

The governor and his council met yearly with the sheriff and justices of the peace in the Court of Assizes. This was the highest court in the colony. You could only appeal a decision to the English king. There were also "courts of sessions" made up of justices of the peace and a deputy sheriff. These courts handled appeals for local problems. Every village also had its own local government: a constable and eight "overseers" chosen by the free men. The constable was also the head of the local court.

In June 1665, Governor Nicolls brought in the English way of city government in New York City. He ordered that the Court of Magistrates be renamed the "Mayor's Court." The Dutch officials did not like these changes. They felt it broke the surrender agreement. However, the way the New York City government and courts actually worked did not change much. The roles of the schout, burgomaster, and schepenen stayed mostly the same, but with English names: sheriff, mayor, and aldermen.

Englishmen now filled the roles of mayor and sheriff. Nicholas Bayard, who spoke both Dutch and English, became the secretary. The Mayor's Court handled wills, family matters, and other legal sessions. Dutch was still spoken in the Mayor's Court until the 1670s. Records were kept in both Dutch and English until 1673.

One big change was the introduction of "jury trials" by the English. In a jury trial, a group of citizens decides if someone is guilty or innocent. Some people think the Dutch did not like jury trials. Dutch courts traditionally used arbitrators to help solve problems. It is believed that the Dutch community in New York preferred to use their Dutch Reformed church for arbitration instead of the new English legal system with juries.

In 1673, the Dutch briefly took back New Amsterdam. During this time, the Dutch legal system was put back in place. But the Treaty of Westminster, signed on February 9, 1674, ended the Dutch control. From 1675 onwards, the Dutch influence on New York's legal system slowly faded away.