Jews in Colonial New York — Part 2

If you missed Part 1 of Jews in Colonial New York, please head on over there first.

Before we look at Jewish rights under British rule in the colony of New York, we must look at Jewish rights in England to get a feel for the coming changes.

Painting of Oliver Cromwell in armor.
A Painting of Oliver Cromwell by Samuel Cooper, 1656. Source: Wikimedia

This was a precarious time during the Interregnum with Oliver Cromwell installed as the Lord Protector*. Between Cromwell and the leaders that followed him, they never put forth a statute authorizing the settlement of Jews in England. Nor were they prohibited either. Because of this, Jewish rights under British rule remained uncertain and insecure.

As we’ll see, ambivalence is not the same as religious tolerance.

English Law & Antisemitism

Lord Edward Coke, as Chief Justice, was considered one of the greatest jurists of his time. In his legal commentaries, he mixed theology with law**, and considered Jews (and any other group who did not identify as Christians) infidels and perpetual enemies of Christians, and therefore had no rights whatsoever which a court of justice could enforce. (Kohler)

Painting of a British courtroom with robed men seated on the floor level and in the gallery.
Court of Common Pleas, Westminster Hall, Thomas Rowlandson, 1808. Source: Wikimedia

In 1673 this principle was invoked to prevent a Jewish plaintiff from recovering a debt admitted to be due to him, the defendant claiming that a perpetual enemy had no standing in a court of justice. (Kohler)

While many judges used Coke’s principles when arguing a case, some dismissed it.

This is where laws and rights regarding Jews (and other foreigners) diverge between England and the colony of New York. As we discovered in Part 1, when New Netherland passed into British hands, there was ambiguity on England’s part in how to categorize the takeover. If the Crown considered New York a conquered land, the leaders in New York could write their own laws. However, if it was an “acquisition by discovery,” the laws of England prevailed. All this is to say, some of England’s laws carried over to New York, and some laws were created by the General Assembly of New York, a colonial governing body who answered to the Crown.

Naturalization and Denization

Over the next sixty years, the Crown and General Assembly passed a variety of laws regarding naturalization and denization.

Denization: An obsolete term, dating back to the 13th century in British controlled countries in which a foreigner, through letters patent, became a denizen. This was not full citizenship, meaning they were not subjects of the Crown, though they were allowed to own land.
Source: Hallie Alexander, 2021
Naturalization: A foreigner’s ability to gain full citizenship of a country
Source: Hallie Alexander, 2021

In 1683, the colonial Assembly passed a general naturalization act limited to those professing Christianity. Coke’s jurisprudence remained a powerful influence; the Crown did not include Jews with the right of naturalized citizenship. Despite this, Jewish residents did not give up on their quest to build a synagogue, and they petitioned Governor Dongan two years later “for liberty to exercise their religion.” In a time when they were denied naturalization, they had the chutzpah (or the Ladino equivalent) to ask for what they wanted, anyway.

Petitioning for a Synagogue

Governor Dongan handed off the request to the Mayor and Common Council of New York who decided:

“that no public worship is tolerated by act of Assembly but to those that profess faith in Christ, and therefore the Jews’ worship not to be allowed.”

A print of the Mill Street Synagogue. A small building with a picket fence in front of it.
Mill Street Synagogue

In the intervening years, Jews continued to gather and worship in their homes. However, somehow, a synagogue must have existed by 1692 because it was mentioned in a court proceeding. Next, it appeared on Chaplain Miller’s map in 1695 as the Jews’ Synagogue — the correct name of the synagogue is Congregation Shearith Israel, and it is still an active synagogue today. The first legal document reflecting its existence appeared among the New York City public records in 1700 where a property is described as bounded on one side “by the house and ground of John Harpending, now commonly known by the name of the Jews’ Synagogue.” Some scholars consider Miller’s map “questionable” due to Miller losing his notes before drawing up the map. (Hershkowitz)

Yellowed map of Manhattan 1695. there are few streets drawn, some property listed out by numbers with a legend in the corner.
Try as I might, I could not find #14, The Jew’s Synagogue, on the map.

It is important to mention that Shearith Israel considers their founding in 1654 when the first group of Jews arrived in New Amsterdam. Whether or not they had a building, if they gathered to worship, they existed.

Partial Naturalization

Some Jewish residents gained naturalization in 1715 when the colonial Assembly passed another naturalization act. This time, it included Protestants and “all persons alive who inhabited the colony before November 1, 1683.” Obviously, this did not include all Jews.

Amending the Oath of Abjuration

There were other considerations beyond naturalization that were important to Jews. If a person wished to take public office, they had to take an Oath of Abjuration swearing they would not take arms against the king. The phrasing included “on the true faith of a Christian,” which denied Jews’ political rights.

In 1723, Parliament recognized Jews as his Majesty’s subjects and omitted the phrase. This allowed Jews to lawfully swear in English courts. However, it wasn’t until 1727 that the colonial Assembly passed a general act omitting the phrase in New York.

Voting Rights

A major setback occurred in 1737 that reminds me of the voter suppression wave sweeping America right now. Adolph Philipse ran against Cornelius Van Horne for a seat in the General Assembly. He lost to Philipse 399 to 413, causing a controversy over who had the right to vote in that election. The lawyers handling the situation referred to New York law and decided that “all freeholders of competent estate, without excepting the descendants of Abraham” could vote. The lawyer representing Van Horne successfully appealed to the laws of England and to anti-semetic prejudice. (Varga)

voting rights for
all freeholders of competent estate. 

~No exceptions~ 

Image of a scroll with a checkmark with a quill beside it.
Source: Hallie Alexander, 2021

In the end, Philipse was still declared the winner, and Jews lost the right to vote and to be admitted as witnesses again. (Kohler) [Prior to this case, the requirement to vote in New York was a freehold worth at least £40.]

1740 brought a little hope for Jewish residents. The Naturalization Act of 1740 passed by Parliament gave special provisions for Jewish citizens. If a Jew resided in a colony for at least seven years, they could be naturalized by swearing an oath of allegiance before a local magistrate. This gave them full civil rights while it still withheld various political rights.

Finally, the first Constitution of the State of New York adopted in 1777 gave Jews and other disenfranchised minorities “absolute equality with all other subjects.” (Kohler) The State of New York was a leader in religious liberty by rejecting Lord Coke’s antisemitism!

“Announcing the Founding,” Secretary of the 1777 Convention, Robert Benson, mounted a barrel in front of the courthouse and read the document to assembled citizens.
New York’s First Constitution 1777, Darley, Felix, 1877. Source: NYPL

So, it’s time for white antisemitic supremacists to remember the principles America was founded on: absolute equality (still working on this one) and a rejection of Lord Coke’s principles based on combining church and state. Keep the Bible away from my rights!

Thank you for reading to the end. I know this has been a lot to digest. I welcome your comments, not your hate.

Footnotes:

* Lord Protector is a title used in British constitutional law for the head of state. It is also a particular title for the British heads of state in respect to the established church. (Source: Wikipedia)

** Separating church and state is a pillar of American constitutional law for a reason. And Lord Coke is that reason. He was also the inspiration behind our third, fourth, and sixteenth amendments.

Sources:

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Jews in Colonial New York — Part 1

Most of my blogs center on 18th century New York because that is the period and location in which the books I’m writing take place. This post will take us to back to just before 1654, when the first Jews arrived in New Amsterdam. By going back that far, it will give us context for the Jewish experience in the 18th century. More than land changed hands from the Lenape to the Dutch to the British. Religious tolerance and rights also shifted.

Dutch people gather in a town square.
New York of 1660. Source: NYPL

The first Dutch settlement in New Netherland was claimed in 1614 under the direction of the Dutch West India Company. Ten years later, the directors of the Company founded New Amsterdam and sent merchants and stockholders to settle there. By 1654, the first Jewish merchants arrived, and some of them may have even been directors themselves.1

Sephardic Jews Under Dutch Rule

Menasseh ben Israel by Rembrandt, 1636 (etching). Source: National Portrait Gallery (UK)

In the 15th century, Spain and Portugal expelled Jews during the Inquisition. Many went to Holland, where they enjoyed religious toleration and full political rights. These Jews were known as Sephardic (Hebrew for Spanish) because they came from the Iberian Peninsula. However, they had to abide by certain restrictions placed on them. The Dutch forbid them to write or speak disparagingly of the Christian religion, convert Christians to Judaism, nor were they allowed to intermarry among Christians.

Jews were also forbidden to engage in retail trade. In many European countries, retail was the domain of the Christian burghers. However, this exclusion did not extend to imports and exports. As such, Jews played an influential role in the Company with their merchant businesses. Many left Holland with the Company and settled in Brazil until the Portuguese took control in 1654, expelling the Dutch.

A fleet of Dutch merchant ships, sails billowing, flying the Dutch red, white, and blue flag.
Dutch West India Company. Source: Public Domain

Does that date sound familiar? It should. The first Jews on record to arrive in New Amsterdam were refugees from Brazil.

Lastly, under Dutch rule, Jews could only legally pray in private. It would be many years before the founding of the first synagogue in the New World. In fact, it wasn’t until 1671 when the first Sephardic synagogue in Holland was allowed to be built.

While there were individuals who wished the Company would enact intolerance rules toward the Jews, Peter Stuyvesant, the Director General of the colony of New Netherland, instructed otherwise:

“… After many consultations we have decided and resolved upon a certain petition made by said Portuguese Jews, that they shall have permission to sail to and trade in New Netherland and to live and remain there, provided the poor among them shall not become a burden to the Company, or to the community, but be supported by their own nation. You will govern yourself accordingly.”

Peter Stuyvesant, April 26, 1655.

New Amsterdam

Jews settling in New Amsterdam remained under Dutch protection and enjoyed the same rights and privileges as those in Holland. Considering the treatment of Jews in other parts of Europe, it could have been worse — a frequent refrain in Jewish history. Jews in Holland and her colonies were a separate class, but with the same political rights.

The left page shows handwriting: Isaac Mattahias Gomez. The right page is engraved with Biblia Espanola.
A Sephardic bible, translated into Spanish, printed in 1661.
Source: Gomez Mill House.

Shortly after settling, Jews gained the right to purchase land for themselves. Then they were permitted to purchase land for a Jewish cemetery, a first step in laying down roots.

Then the English took New Amsterdam in 1664, renaming it for the Duke of York.

The articles of capitulation provided that:

All people shall still continue free denizens and enjoy their lands, houses, goods, ships wheresoever they are within this country, and dispose of them as they please.

The Treaty of Breda in 1667 confirmed that the legal status of the Jewish residents would continue under the new British rule.

Was it so simple? Yes, and no.

English Colonial Rule

A painting of the surrender.British ships in the background.
The fall of New Amsterdam. A woman pleads with Peter Stuyvesant. Source: Wikimedia

Under English colonial law, conquered territories did not have to follow English law; they could create their own set of laws for the new British subjects. Some argued, however, that New York was an “acquisition by discovery,” and therefore subject to the laws of England. After all, the Duke of York acquired New Amsterdam — not conquered it — because the Dutch chose not to fight when the British showed up. Therefore, the land passed into English hands.

What did this mean for the Jews? It’s complicated.

Next, we’ll explore the nuances of British control up through the American Revolution in Jews in Colonial New York – Part 2.

Ships approach the fortress at the tip of New York City. A Union Jack flies above the fort.
A view of Fort George with the city of New York. Source: John Carwitham, 1731.

Footnotes:

  1. Civil Status of the Jews in Colonial New York

Sources:

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Bowry Lane

If you had asked me which street in Manhattan is the oldest, I would have answered, “The Broad Way.” And I would have been wrong. Before Chinatown and Five Points, before the street became known as “The Bowery,” it was Bowry Lane, a prior footpath shaped by the Lenape.

Native American dwellings on Manhattan Island, before the Dutch settlement.
Source: John Gilmary Shea, 1886.

The Lenape used the path to travel to and from trading and gathering places, and Collect Pond, the only source of freshwater in Manhattan. (The East and Hudson Rivers are tidal estuaries—or brackish, not fresh.) The Lenape term for the path was Wickquasgeck, which either means “Path to the trading place” or “Birch-bark country.”

Dutch Bouwerij

As the Dutch stripped land for the colonists to become self-sufficient in their new environment, they named the path for the farms, or bouwerijs, on it.

In 1625, the Dutch West India Company sent Crijn Fredericksz, an engineer, to Manhattan to survey the land for a fort, roads, farms, and property lines. In doing so, the Broad Way—broad enough for carriages passing in both directions—extended from the southernmost tip of the island where the Dutch built their fort, straight up to the “Road to the Bouwerij.”

Map of New Amsterdam. Fort at the tip of Manhattan, the Broad Way extending straight up to the “Road to the Bouwerijs” along the East River, 1644.

Enslaved Africans

In 1626, the first enslaved Africans arrived in New Amsterdam. Within two decades, many were granted freedom and parcels of land along Bowry Lane.

Now older and manumitted, free Africans were, for the most part, no longer considered “useful” to colonists. But the colonists still found a way to use them: by living on the farthest land from the fort, the free Africans served as the first line of defense against attacks by Native Americans and the British coming from the north.

Ancient View of the Present Junction of Pearl & Chatham Streets
Ancient View of the Present Junction of Pearl & Chatham Streets, 1861. Source: NYPL

Manhattan Changes Hands

When the British took over in 1664, Bowry Lane was already the major road out of Manhattan. It connected to the Boston Post Road, which still exists today, and was literally a posting road that led from New York to Boston.

Montrésor, John, Peter Andrews, and Andrew Dury. A plan of the city of New-York & its environs to Greenwich, on the North or Hudsons River, and to Crown Point, on the East or Sound River, shewing the several streets, publick buildings, docks, fort & battery, with the true form & course of the commanding grounds, with and without the town. Survey'd in the winter,i.e. 1766. [London; Sold by A. Dury, 1775]
Montrésor, John, Peter Andrews, and Andrew Dury, 1766. Source: Library of Congress

In the early part of the 18th century, Bowry Lane was paved, and sidewalks installed. A map from 1766 labels the entire length of road as “the Bowry Lane.” However, after the American Revolution, the northern section was renamed for William Pitt, Earl of Chatham, for his pro-American stance during the war.

The Oldest Home in Manhattan

While New York City became more populated with people and buildings, Bowry Lane remained farms and large estates. To accommodate a greater need for meat, the city established the first public slaughterhouse on the land around Collect Pond, which sits very close to Bowry Lane. Prior to this, slaughterhouses weren’t allowed in the city due to their noise, smells, and effluent matter. Unfortunately, this was the beginning of the end to Collect Pond as a source of non-polluted freshwater.

The house is brick, painted dark red. There are Chinese characters below the third floor windows.
Edward Mooney House at 18 Bowery.
Source: Wikimedia

The slaughterhouses were important to Edward Mooney, who was not only important in the “meat business,” but also represented the city’s butchers in the Society of Mechanics and Tradesmen. Wanting to leave near his place of business, he purchased a parcel of land from the Delancey estate at the auction from the Commissioners of Forfeiture in 1785.

During and after the war, Americans confiscated land from loyalists to pay for the war effort. The inhabitants were allowed to take their clothes, some furniture, and provisions for three months. As such, James Delancey, who remained loyal to the British Crown, forfeited his estate. On this land, Mooney built a house at 18 Bowery, and it still stands today.

The architectural style of the house is Early Federal, reflecting strongly its Georgian antecedents in construction, proportions and design details. It is three stories in height, with s finished-garret beneath a gambrel roof, Two features of special note which verif,y the documented age of the building are the hand-hewn timbers framing the roof and the broad width of the front windows in proportion to their height. On the exterior, original splayed stone lintels with double keystone blocks are above most of the windows. At the gable end of the house, Which can be viewed from Pell Street, the garret floor is lighted by a central round-headed window. the upper sash of which contains original wooden tracery. It is flanked by a pair of quadrant windows. The gambrel roof on this side is Within a parapet wall connecting:two large chimneys. The interior of the house also discloses many original architectural details including, in the earliest section, window frames and trim, and in the extension, a stairway with an oval-shaped handrail.
From the Landmarks Preservation Commission, August 23, 1966

The Bowery

The 19th century brought tremendous change to Manhattan and the Bowery, in particular with the influx of immigrants. Over the next two hundred and fifty years, the Bowery would continue to thrive and fail many times over.

Image of the Bowery with people walking on the street, horse-drawn carts, and trolleys below an elevated train track in front of the Bowery Savings Bank.
The Bowery 1897-1898. Source: Wikimedia

Sources:

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Pleasure Gardens

This week, as I plan some fun for my characters, I’m visiting the old pleasure gardens of New York. While London’s Covent Garden had her ladies, as well as markets and a variety of entertainments, the pleasure gardens of 18th century Manhattan were private, walled-off parks one had to pay an admission fee to enter. That is, they were not public venues run by the city.

A quick note about green spaces in the 18th century: Manhattan provided “common” fields that were used for public markets, grazing livestock, and military parades. These spaces were not meant for relaxation or entertainment. Wealthy colonists wanted more from their city. Those who had business acumen rose to the challenge.

Green Dragon Tavern,
Boston, Massachusetts 1773

Our journey begins with the urban taverns in colonial America. These drinking establishments quickly became places to meet and be social. Many had adjacent gardens. “By attaching the earliest commercial pleasure gardens to pre-existing ‘open’ spas and taverns, New York City’s businessmen minimized their financial risks while also providing demanding clientele yet another reason to visit their establishment.”1

1740 — Spring Garden

Shortly after, in 1740, came the Spring Garden—so named for its seasonal operation—on what would now be Broadway, Fulton, Nassau, and Ann streets. Not only did it feature a tavern, but offered Georgian-style geometric gravel paths through cultivated shrubbery. If you could pay the fee, about two shillings, you were welcome.

A pleasure garden with a gazebo, wide lawn, a pond, lots of people milling about.
This is actually the New York Palace Garden, 1858. There are very few images of New York’s pleasure gardens from the 18th century. (Source: NYPL)

The Spring Garden tavern hosted balls, magic shows, tumbling acts, feats of strength (including a Female Samson), and musical concerts. These entertainments, as well as the bucolic atmosphere, were a welcome relief and cultural respite to the citizens of Manhattan, especially as the city grew and became more crowded.

1750 — Mead Garden

Adam Vandenberg was a very successful promoter who owned and ran a tavern called the Drovers’ Inn, a pleasure garden called Mead Garden, and a horse race-course all situated on his farm, Church Farm, by the Hudson River. [Astor House would eventually be built on this site.] In March of 1743, there was a race between a mare named Ragged Kate belonging to Mr. Peter De Lancey, and a horse named Monk belonging to the Honorary William Montagu Esq, for £200.2

1765 — Ranelagh Garden

Ranelagh (pronounced “Ran-lee”) Garden, named for its London counterpart, occupied a wooded rise of ground just north of the northernmost city houses, not far from the smaller Vauxhall Garden. The two gardens directly competed in the form of fireworks exhibitions. Each offered limited engagements, bigger and bolder spectacles, and “never seen before” designs.

At the request of several gentlemen and ladies there will be a concert twice a week, Mondays and Thursdays, 6.30 p.m. (Ranelagh Garden Concert). Small fireworks will be played off and  the best entertainment as usual, notwithstanding the artful insinuations of some ill-minded people to the contrary.
Social New York Under the Georges, 1714-1776
Image: Hallie Alexander, 2021

1767 — Vauxhall Garden

Portrait of Samuel Fraunces, 1770-1785, unknown.
Portrait of Samuel Fraunces (circa-1770-1785), unknown artist.
(Source: Wikimedia)

In 1767, the owner of the Queen’s Head Tavern on Pearl Street, known today as Fraunces Tavern for its most famous proprietor, Samuel Fraunces, brought Vauxhall Garden to Manhattan. It was originally located at Spring Hill, a villa on the Hudson River not far from Mead Garden. Like its namesake in London, Vauxhall offered a variety of entertainments: tea or coffee in the afternoon, summer concerts, shady trees and hedges, a variety of flowers, an outdoor wax museum, and at night, a fireworks show.

Vauxhall Gardens have been newly fitted up in a very genteel pleasing Manner... now open for the Reception of Ladies, Gentlemen, etc., and will be illuminated every evening in the Week; Coffee, Tea, and Hot Rolls at any hour in the day, neat Wines and other Liquors, with Cakes, as usual... also Dinners or Suppers, dressed in the most Elegant manner on timely Notice.
Social New York Under the Georges, 1714-1776
Image: Hallie Alexander, 2021

Vauxhall was considered a summer resort at the “most rural retreat any way near this city” (advertisement, New York Gazette, 1766), though in actuality, it was all of a mile from the tip of Manhattan.

A map layout of  Vauxhall Garden.
Vauxhall Garden: originally on Greenwich Street, it moved to Broadway and the Bowery in 1803. (Source: Wikimedia)

It operated until the American Revolution when much of it was destroyed. When Fraunces sold it in 1773, before the War, it had “two large gardens, a house with four rooms per floor and twelve fireplaces, and a dining hall that was 56 feet long and 26 feet wide, with a kitchen below.”3

As the city expanded, many of these gardens were demolished for commercial buildings. Ranelagh became the New York Hospital with Royal Governor Tryon witnessing the laying of the corner-stone. Vauxhall became the Cupula Iron Furnace. Not that it was the end of New York’s pleasure gardens, but the industrial revolution and urban spread created a shift in how New Yorkers lived, worked, and relaxed.

Spoiler Alert:
New Yorkers still needed a green space to retreat from the city. Plans for developing Central Park began in 1840. But that’s a rabbit hole for another day.

View of Central Park
Central Park, New York 1875 (Source: NYPL)

Footnotes:

  1. Caldwell, Mark (2005). New York Night: The Mystique and Its History. New York City: Scribner.
  2. Bayles, W. Harrison (2020). Old Taverns of New York. Outlook Verlag.
  3. Singleton, E. (2008). Social New York Under the Georges, 1714-1776: Houses, Streets and Country Homes (1902). United States: Lightning Source.

Sources:

Rescuing Her Rebel: Lydia's father intends to make a match for her at the winter ball while he ambushes his enemy — the man Lydia loves.


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Maiden Lane

Down Maiden Lane, where clover grew,
Sweet-scented in the early air,
Where sparkling rills went shining through
Their grassy banks, so green, so fair,
Blithe little maids from Holland land
Went tripping, laughing each to each,
To bathe the flax, or spread a band
Of linen in the sun to bleach… 

“In Sun or ShadeLouise Morgan Sill, 1906.

Maiden Lane, in New York’s financial district, stretches from the South Street Seaport to the World Trade Center Site. Over three hundred years ago, when New York was New Amsterdam, a rippling brook wended the same path as the lane. Known as Maagde Paatje, it was named for the women who washed their clothes there. It was also a place where lovers met and gadded about the pebbly brook.

An illustration from the 1921 book A History of the United States by Henry Eldridge Bourne. A brookside path with the name of Maiden Lane followed a valley to the East River

When the British took over Manhattan, they changed the name to English as Maiden Lane. In 1696, the path was paved with cobbles, but the stream continued to flow down the center of it until 1827 when it was engineered to flow under the streets. It still runs under Lower Manhattan today.

Continue reading “Maiden Lane”

Collect Pond

Once upon a time, a forested countryside expanded into a lush valley that emptied into a sizable and deep freshwater pond fed by underground springs, emptying into salt marshes that would one day become meadows, reaching all the way to the Hudson River.

Can you imagine this? If you are standing in Foley Square near Chinatown in Lower Manhattan today, close your eyes and transport yourself back 400 years.

Lower Manhattan of 1609 - lush and green, compared to 2009 - all city
The Old Collect
Continue reading “Collect Pond”

Think You Know Bagels?

When I was little, we lived in a suburban community northwest of Baltimore. We were Jewish, some of my neighbors were Jewish, most of my activities took place at the local Jewish Community Center. I didn’t know I was different from most of the population until I went to elementary school.

Continue reading “Think You Know Bagels?”