Before the favorable decision could arrive from Holland, the position of the Jews was precarious. On the 1st of March, 1655, Abraham de la Simon was brought before the Court of Burgomaster and the Schoepens upon the complaint of the Schout or Sheriff for keeping open his store on Sunday during the sermon, and selling at retail. The Sheriff on that occasion informed the court that the Governor and Council had resolved that the Jews who had come in the preceding autumn, as well as those that had recently arrived from Holland, must prepare to depart forthwith. The Court, which was also a council for the municipal government of the city, was asked by the Sheriff whether it had any objection to make; whereupon, says the record, it was decided that the Governor’s resolution should take its course.
There is reason to believe that some Jews left on account of that resolution before the orders from Holland arrived. They presumably went to Rhode Island. Those who remained were still objects of the Governor’s aversion, and even the more friendly Company was not too liberal. A letter from the directors to Stuyvesant, dated, March 13, 1556, contains the following: “The permission given to the Jews to go to New Netherlands and enjoy the same privileges as they have here (in Amsterdam), has been granted only as far as civil and political rights are concerned, without giving the said Jews a claim to the privilege of exercising their religion in a synagogue or a gathering.”
But it must be said to the credit of the directors that they insisted on what they granted to the Jews, and in another letter, dated, June 14, 1556, they write to the self-willed governor: “We have seen and heard with displeasure, that against our orders of the 15th of February, 1655, issued at the request of the Jewish or Portuguese nation, you have forbidden them to trade to Fort Orange (Albany) and the South River (Delaware), also the purchase of real estate, which is granted to them without difficulty here in this country, and we wish it had not been done, and you have obeyed your orders which you must always execute punctually and with more respect. Jews or Portuguese people, however, shall not be employed in any public service (to which they are neither admitted in this city) nor allowed to have open retail shops; but they may quietly and peacefully carry on their business as beforesaid and exercise in all quietness their religion within their houses, for which end they must without doubt endeavor to build their houses close together in a convenient place on one or the other side of New Amsterdam—at their choice—as they do here.”
These instructions came as the result of a petition sent to the directors by Abraham d’Lucena, Salvatore d’Andrade and Jacob Cohen, for themselves and in the name of others of the Jewish nation, asking for a confirmation of the privileges, which was thus granted. These three and two other Jews, Joseph da Costa and David Frera, were in the preceding year, 1655, assessed each 1,000 florins to defray the cost of erecting the outer fence or city wall, from which Wall street takes its name. It was the same amount as was imposed upon the wealthiest of the citizens, and the five adduced it as a reason for their being entitled to the rights to trade and to hold real property.
Abraham d’Lucena, who appears to have been the most prominent of the early Jewish immigrants, and several others, applied in July, 1655, for a burying ground; but the request was refused with the reply “that there was no need for it yet.” There was need for it, however, about a year later, and on July 14, 1656, a lot was granted to them outside of the city for a place of interment. This is the old cemetery on Oliver street and New Bowery, which was augmented by further purchases in the following century.
The city was at that time exposed to attacks from Spanish cruisers and pirates, and to assaults from hostile Indians. The encroachments of the English on Long Island and Westchester was a subject of constant anxiety, England never having conceded the rights of the Dutch to settle New Netherlands. This caused all the male inhabitants capable of bearing arms to enroll in the Burgher Guard, and a watch was kept up night and day with the steadiness and vigilance of a beleaguered town. A few months after the arrival of the Jewish immigrants the question arose whether the adult males among them should be incorporated in the Burgher Guard; the officers of the guard submitting the question to the Governor and Council. It was duly deliberated upon and an ordinance was passed (August 28, 1655), which, after reciting “the unwillingness of the mass of the citizens to be fellow-soldiers of the aforesaid nation” or watch in the same guard-house, and the fact that the Jews in Holland did not serve in the train bands of the cities, but paid a compensation for their exemption therefrom, declared that they should be exempt from that military service, and for such exemption each male person between the ages of sixteen and sixty shall pay a monthly contribution of sixty-five stivers.
Jacob Barsimson and Asser Levy (d. 1682) petitioned to be allowed to stand guard like other burghers, or to be relieved from the tax, which was refused by the Governor and Council with the remark that “they might go elsewhere if they liked.” But after the last order from Amsterdam favorable to the claims of the Jews was received, Asser Levy applied to be admitted to the right of citizenship, and exhibited his certificate to the court to show that he had been a burgher in Amsterdam. His request, as well as the one made for the same purpose by Salvatore d’Andrade and others, was not complied with. The matter was brought before the Governor and Council, and as the directions from Holland were controlling, an order was made April 21, 1657, that the Burgomaster should admit them to that privilege. Here the struggle virtually ended, and they were no longer troubled during the Dutch rule.
When the British captured the city in 1664 and renamed it New York, the condition of the Jews remained practically unchanged. There is a record of at least one Jew who removed from Newport to New York in that period, and had difficulties with the local authorities because they enforced against him the regulation which did not permit a Jew to engage in retail trade. The Charter of Liberties and Privileges which was adopted in 1683 by the colonial legislature declared that “no one should be molested, punished, disquieted or called in question for his religious opinion, who professed faith in God by Jesus Christ,” which meant that the Jews and unbelievers were excluded from the privileges of religious freedom. A petition by the Jews to Governor Dongan, in 1686, for liberty to exercise their religion, i. e., to have public worship, was consequently decided in the negative. But James, Duke of York (afterwards King James II., 1633–1701), to whom New York was granted by his brother, had previously sent out instructions, which arrived about that time, “to permit all persons of what religion soever, quietly to inhabit within the government, and to give no disturbance or disquiet whatsoever for or by reason of their differing in matters of religion.”
The exact date when the Jews took advantage of that liberal decree is not known, but it is presumed that the religious services, which had been heretofore conducted semi-privately, were soon performed in a house devoted to that purpose. It is certain that there was a Jewish Synagogue in New York in 1695, probably as early as 1691, while the restrictions as to trade were removed a few years before. The Synagogue, the first on the North American continent, was situated on the south side of the present Beaver street, between Broadway and Broad street. When it became too small for the community which was increasing in wealth and in numbers, a new edifice was erected in 1728 on Mill street (about the present site of South William street), where the congregation, which now assumed the name of “Shearith Israel” (Remnant of Israel), continued to worship for more than a century.
A profitable commerce was carried on between New York and the West Indies at the beginning of the eighteenth century in which numerous Jewish merchants participated. There was also carried on, though for a short period, a considerable business of exporting wheat