Biographical and genealogical history of the state of Delaware, Vol. I, Part 6

Author: Runk, J.M. & Co
Publication date: 1899
Publisher: Chambersburg, Pa.
Number of Pages: 1482

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During the visit of the commissioners the conflicting claims of the Dutch and of Lord Baltimore to the territory were considered. Among other matters urged by the Dutch commissioners against the pretension of his lordship, the misrepresentations contained in the petition on which his grant had been

made, and the fact that the Dutch had plant- ed Colonies within its limits, and had sealed their title to the territory with their blood -- alluding to the massacre on the "Hoorn Kill" -prior to the date of the grant, were distinet- ly presented and pressed through the discus- sions.

But perhaps the most remarkable thing de- veloped in the course of the discussion was the final proposition submitted by the Dutch commissioners. Finding there was no other prospect of reconciling their differences, they at length proposed to divide the territory by a conventional line running north and south through the middle of the peninsula. They even designated on the map prominent points for the location of this line, bringing it so near to where the present boundary line be- tween Delaware and Maryland runs, as to leave no doubt that that proposition in 1659 became the original of the idea of the conven- tional division afterwards proposed to the sie- ceeding Lord Baltimore by William Penn. To these Dutch commissioners, therefore, are we indebted for the suggestion which finally ended in giving Delaware so odd a position on the map. Very likely the idea was evolved in the fertile brain of Augustus Herman, but he had passed away before it was carried into of- fect.

The proposition for division at that time was rejected, and when the deliberations closed, the object of the commission was not accomplished. The commissioners then start- ed on their return, and after many weary days of toil through forests and morasses landed safe at New Amstel. No further ne- gotiations were attempted, nor were any fur- ther demands made by either party for the settlement of the dispute.

Before the close of the year, the governor of Maryland ordered a survey to be made of lands within six or eight miles of New Amstel, and granted them to inhabitants of the pro- vince. None of the parties to whom they were assigned, however, ever attempted to take possession or settle on them. This would have been useless, because the Dutch were on the alert, and had instructions from Stuy- vesant to repel them by force of arms, if they made the attempt, as unlawful invaders of his territory.

Some time in the subsequent year Lord Bal- timore made another effort to acquire by pur-

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chase the lands claimed by him, as falling within his grant, through his agent in the city of Amsterdam, and by a direct application to the Dutch West India Company to surrender to him the settlements of AAltona and New Amstel and their respective neighborhoods, upon condition of his reimbursing the Com- pany for all expenses incurred on account of them. The Company not only peremptorily refused this offer, but took occasion in their reply to his communication-which asserted his claim on them under his patent and as within the degrees of his grant-to affirm their right and title to them by possession under the grant of the States General for many years without claim or molestation from him or any other person, and to admonish him that they were resolved to retain and defend them to the utmost extremity, in case he per- sisted in his pretension and should resort to forcible means to obtain possession. They also soon afterwards appealed to Stuyvesant to represent through their minister at Lon- don, to the ministry of England, the situation of their affairs with Lord Baltimore in rela- tion to the matter, and to request that the British sovereign would enjoin upon his lord- ship to desist from any encroachments upon them until a boundary line could be estab- lished between his province of Maryland and their possessions on the Delaware River. This was in due time attended to by Stuyvesant and the States.General, as requested. That it was brought to the attention of the English sovereign is inferred from the fact, that at a session of the governor and Council of the Province of Maryland held in May, 1661, a resolution to the following effect was adopted:

That inasmuch as it was doubtful whether the settlement of New Amstel was below the fortieth degree of north latitude, and the Dutch West India Company was determined to maintain its posses- sions on the Delaware by force. and there was no hope of any aid from the other English colonies in the attempt, no further efforts should be made to reduce them to obedience to the authority and jurisdiction of the province, until the will of his lordship should be known in regard to the matter ; and that some effort should be made in the mean- time to ascertain whether it was within the boun- daries of his grant.

After the conference, and the passage of the resolution, the relations of the disputants became harmonious, and an era of good feel- ing ensued. Lord Baltimore, after his warn- ing from the English Court, was disposed to be friendly. So far did this amicable feeling

extend, that in August, 1662, his lordship, with a numerous suite, made a friendly visit to the director general of the City Colony at New Amstel, and was very cordially received and entertained for two days. He then ex- tended his visit to the authorities at Altona, where a like reception awaited him. While here he received an invitation from Stuyves- ant to extend his visit to New Amsterdam and partake of the hospitalities of the capital of New Netherlands. So anxious was the Dutch Governor to have Lord Baltimore visit him, that he tendered him a suitable es- cort. But, unfortunately, the engagements of his lordship were such that he was obliged for the time being to forego the pleasures of a visit.

ADVENT OF THE ENGLISH.

In the spring of 1664 letters patent were issued by Charles the Second of England to his brother, James, Duke of York and Al- bany, for all the main land beginning and ex- tending from the River St. Croix, now the northern boundary of the United States, to the east side of the Delaware Bay. And among the rights and privileges conferred on him by it were those of Royal Governor, subject to the sovereignty of the King. Long previous to that date, it had been the purpose of Charles to terminate the quarrels of the Dutch and English settlers in America by establishing the long-asserted claim of the crown of Eng- land to all the territory then in possession of the Dutch in this country; and he despatched in the latter part of May, 1664, a fleet con- sisting of two frigates, a sloop of war, and a transport, with three hundred troops, under the command of Col. Richard Nichols, with whom were associated three royal commission- ers. They were instructed to visit the Eng- lish colonies on the coast, and to hear com- plaints and settle the peace and security of the same. Their first duty would be the redue- tion of the Dutch in or near Long Island, or anywhere within the English dominions, to entire obedience to the sovereignty of the British Crown, as a remedy for the many grievances which the British colonists had so long suffered at their hands. But be- fore the expedition had reached its destina- tion, on the 25th of June, 1664, the Duke of York sold and conveyed to Lord Berkeley and

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STATE OF DELAWARE

Sir George Carteret that portion of the lands granted to him lying between the Hudson River and the Delaware Bay, and now con- stituting the State of New Jersey. This ter- ritory was then named New Jersey in compli- ment to Sir George Carteret, who had been governor of the island of Jersey, and had firmly held it for Charles the First during his conflict with the rebellious Parliamentary forces, and whose devotion to the royal cause was in no part the consideration for the sale.

Early in September the fleet appeared be- fore New Amsterdam and demanded its sur- render. Governor-General Stuyvesant was terror stricken, and after a little parleying vielded to the demand of the English and hauled down the Dutch flag, because he was unable to offer any resistance. It was a ter- rible humiliation for the blustering Dutch- man, but there was no alternative.

The capture of New Amsterdam having been accomplished without the firing of a gun or the loss of a life, the next move was to se- cure the settlements on the Delaware. To do this a portion of the fleet was detached and sent on that mission. Sir Robert Carr, chief of the commission accompanying the fleet, had charge of the expedition. He bore writ- ten instructions, among which was the follow- ing, evidently dictated or inspired by the King:

"If Sir Robert finds he cannot reduce the place [Fort Amstel] by force nor upon the conditions before mentioned [absolute sur- render} he may add such as he may deem necessary; but if both fail, he is, by a mes- senger to the Governor of Maryland, to ask aid, and from all other English who live near the Dutch plantations. He is to declare to Lord Baltimore's son and all the English con- cerned in Maryland, that this great expense to His Majesty in ships and soldiers has been incurred solely for the purpose of reducing foreigners in these parts to His Majesty's obedience; but that being reduced at His Majesty's expense, he is commanded to hold possession for His Majesty's own behoof and right, and that he is willing to unite with the Governor of Maryland in His Majesty's in- terest on all occasions; and if my Lord Balti- more doth pretend right thereto by his patent (which is a doubtful case), you are to say that you only keep possession till His Majesty is informed and otherwise satisfied."

Fortunately, Sir Robert Carr had no occa- sion to call on the governor of Maryland for any assistance on his arrival before New Am- stel. But suppose he had, what must have been the feelings of the governor on reading the instructions? While they would have been regarded as imperative, the reflection, the in- sinuation, the insult contained therein, must have very greatly damped the ardor of his excellency. The doubts cast on his claim for territory in that vicinity shows how it was re- garded by the king.

Sir Robert Carr, with his fleet and troops, passed the capes in due season and entered the bay and river. In a short time he came in sight of Fort Amstel. There were no signs of resistance, not a gun was fired, which caused him to wonder why the com- mandant gave him such a cool reception, when it was known that he was on a warlike mission. Ile then sailed past the fort a short distance, dropped his anchors and came to a standstill to await developments. No one appearing to either welcome, or warn him off, he finally sent a boat ashore and made a formal demand in the name of the King of England for the surrender of the fort, the town and all the possessions of the City Colony on the bay and river. After one day of parley and delay, the authorities and a majority of the citizens of the town were generally disposed to sur- render the place without further hesitation but a minority, at the head of whom firmly stood Governor Hinovosa, strenuously re- fused to give up the place. Seeing their help- lessness and feeling that it was only a ques- tion of time when surrender must come, Sir Robert was disposed calmly to await devel- opments. Three days were thus consumed, when the town authorities and citizens deter- mined to capitulate without the consent and against the will of Hinoyosa. He then re- tired with his party within the fort, deter- minded to make as stubborn a resistance as pos- sible. The next morning Sir Robert ordered the frigate and sloop of war to drop down be- low the fort, but within musket range, and each vessel to discharge two broadsides into it; troops were then to be landed for the pur- pose of storming it at the point of the bayonet. The plan of attack was promptly executed by both the ships and the soldiers amid consid- erable din, when, in a few minutes, the crumb-

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ling walls of the fort were scaled and it was soon in the possession of the English. The loss to the Dutch was four killed and ten wounded out of a garrison of between thirty and forty men. The doughty Ilinoyosa was now a prisoner of war. Ilis resistance was little less than madness, for the old fort was utterly untenable and his force insufficient to 'cope with the English. By the terms of the capitulation the inhabitants took the oath of allegiance to the King of England, and re- mained undisturbed in their houses and prop- erty. It was likewise determined that the Swedes should remain undisturbed in their re- ligion as Lutherans, and in the service of God as they desired.

Thus ended Dutch rule on the Delaware. The name of New. Amsterdam was changed to New York, and New Amstel became New Castle, a name which it still bears. At that time, according to the best authorities, it con- tained a population of between two and three hundred and was considered a place of some note on the river. The territory now com- prised within the limits of the State of Dela- ware at that time did not contain more than two thousand inhabitants. The failure of the two preceding races to make any greater pro- gress in the settlement and population of this region so highly favored by nature during the long time they occupied it, is largely attrib- utable to the wars and disputes which arose between them in the struggle for possession. Fully fifty years had elapsed since the Dutch became masters, without any considerable pro- gress either in numbers or in prosperity.

THE DUTCH AGAIN.

But the settlements on the Delaware were not yet to enjoy peace. War again broke out between England and the Netherlands, and in August, 1673, a powerful Dutch fleet cap- tured New York and subjected the English to their control. In the articles of capitu- lation it was stipulated that the civil and mili- tary rights of the Dutch should be extended to the settlements on the Delaware, and so the inhabitants were now compelled to take the oath of allegiance to the States and the Prince of Orange. Thereupon Anthony Colve was appointed governor general of New York

and its adjacent territories. Ile again ap- pointed Peter Alrich as his commandant, or vice-governor over the "South. River" settle- ments. Verily the pioneers of Delaware were subjected to many tribulations and surprises in the administration of their government, and it is not strange that they were discouraged by the almost perpetual state of demoraliza- tion in which they were kept.

Peter Alrich took the oath of allegiance to the new government and entered on the dis- charge of his duties without delay. The first article of his instructions, says the reverend historian Acrelius, read as follows: "He shall uphold the true Christian doctrine, in accordance with the Decree of the Synod of Dordt, and admit of no other doctrine in con- flict therewith." Thus the proposition was at this time made to expel the Augsburg Con- fession from the country.

THE ENGLISH RECAPTURE THE COUNTRY.

But the new administration of affairs was doomed to a brief existence, for it was ter- minated by the Peace of Westminster, Febru- ary 19, 1674, in the tenth article of which it was stated, "that whatever countries, towns, fortresses, &c., had been captured on either side since the beginning of the war, should be restored to their former lord and owner." In consequence of this, New York and its de- pendencies were restored to the English June 29, 1674. The Dutch reign, therefore, lasted only about fifteen months, and Governor Al- rich was again out of office.

The English having become masters of the territory so long in dispute, the province of New York now embraced all the country ly- ing between New England and the Delaware river, of which James, the Duke of York, was made the proprietor, in honor of his heroism with the English fleet, which he commanded against the Hollanders during the aforesaid war. His grant comprised what are known as the "Three Lower Counties" on the other side of the Delaware, namely, New Castle, Kent and Sussex. The government was conducted by a governor in the name of the Duke of York, for that prince never came personally to the country. To the goverment of New York also belonged all the inhabited country on the west side of the Delaware, which was

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STATE OF DELAWARE

sometimes called "New Virginia," but mostly "The Places upon the Delaware," which meant the Swedish and Dutch settlements.

Under the Swedish government, it will be remembered, no deeds were given for the lands occupied by the settlers, only those excepted which were given as fiefs by the Queen Chris- tina. The Hollanders, however, made out a number of deeds in 1656, mostly for building lots in New Castle, and its vicinity. Mean- while no rents were imposed, but a small in- come was required which was barely sufficient to pay local expenses. But when the English came into power all occupants were required to take out new deeds for their land. These deeds were issued in the name of the Duke of York. The rent was a bushel of wheat for every hundred acres, if so demanded. A few took out deeds, while others did not trouble themselves to do so, "but," as an old-time writer says, "only agreed with the Indians for a piece of land for which they gave a gun, a kettle, a fur coat, or the like; and they sold them again to others for the same, for the land was superabundant, the inhabitants few, and the government not strict." Ilence it came that in lawsuits for land people appealed to "Indian rights," which were valid when they could be proved. The deeds which were given to the Swedes contained the proviso, "so far as they remain faithful to the government." Those who took deeds for large tracts of land were soon in great distress about their rents, which, however, were very light, if they culti- vated their land and had fair erops, but heavy enough if they were not industrious and the season was poor. In many cases of failure, the renters became discouraged and transferred their lands to others; but their descendants had cause to lament their actions. A few English settlers came into the neighborhood, and were the only ones paid anything for a piece of land. But the Indians looked upon them as another race of people, and showed them less friendship, as they were less ac- quainted with them. Disorders were frequent on acount of the demoralization which pre- vailed. A historian of the time tells us their prevailing evil was idleness. There was no ag- riculture, no traffic beyond what was required by absolute necessity. The forests were filled with game and the streams with fish. The Duke of York derived little more from his do- main than the name proprietor.

ARRIVAL OF WILLIAM PENN.

It is necessary in this connection to relate under what circumstances William Penn, the Quaker, came to apply to King Charles, for a grant of land in America for the purpose of founding a colony. This grant, which was made March 4, 1681, embraced also that part of the country in America, with the islands adjacent thereto, which was bounded on the east by the Delaware River. The line was thus defined in the charter: Beginning "from twelve miles distance northwards of New Cas- the town unto the three and fortieth degree of northern latitude, if the said river doth ex- tend so far northward, but if the said river shall not extend so far northward, then by the said river so far as it doth extend; and from the head of the said river the eastern bounds are to be determined by a meridian line to be drawn from the head of said river unto said forty-third degree. The said lands to extend westward five degrees in longitude, to be com- puted from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude; and on the south by a circle drawn twelve miles distance from New Castle northward and westward unto the beginning of the forty-third degree of northern latitude; and then by a straight line westward to the limits of longitude above mentioned."

The consideration for this magnificent do- main was "two beaver skins, to be delivered to the King at Windsor Castle on the 1st of Jan- uary in every year; and also the fifth part of all gold and silver ore, which should from time to time happen to be found within the limits aforesaid, clear of all charge. And we do hereby erect the aforesaid country and islands into a Province and signiory and do call it Pennsylvania, and so from henceforth will have it called."

Rules and regulations for the guidance of the Proprietary were laid down, how laws shall be made and executed, and then it was distinctly stated that Penn should be answera- ble for every offence comunitted by him against the laws of England relative to trade and navigation, and should pay all damages assessed against him in the courts of the realm within one year. Otherwise the King may resume the government of the Province until all such damages are paid. No individ-

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ual was to be disturbed in his rights. Penn, among other things, was authorized to appoint a Captain General, or Lieutenant Governor, to carry the laws into effect. Neither the King nor Parliament had power to impose on the in- habitants any taxes or subsidies, without the consent of Penn.

After this charter was confirmed, Penn made his plan known in England and invited settlers to accompany him to the new country. After much thought, and with great care, he drew up a form of government which was in many respects a model, and attracted wide attention. A Constitution, consisting of forty articles, was also framed, and assented to by those present and signed, May 5, 1682.

At the same time followed two other deeds of gift, though called sales, which Prince James, Duke of York, made to William Penn, of that land on the same side of the Delaware, which had been granted to him by James' brother, King Charles II., and of which he was proprietor. The former, dated August 24, 1682, gave to Penn the town of New Castle, with all that land which lies within a circle of twelve miles, drawn from and to the river. The purchase money was ten shill- ings, and a rent of five ditto, to be paid yearly on Michaelmas day to the Duke, to his heirs, or to whomsoever he appointed to receive it.

In the latter part of the same day and year, he also transferred all that land upon the Delaware bay and river beginning twelve miles south of the town, of New Castle, and extending to "Hoorn Kill," or Cape Hen- lopen. The purchase money was ten shil- lings. The yearly rent demanded by the Duke was one rose to be presented on Michael- mas day, if so demanded. But Penn bound himself to pay annually to the Duke and his heirs, or those whom they might appoint, one- half of all the rents, income and resources which might acerue from the land. In the event that either a part or the whole of the rents should be in arrears for twenty years, the land should revert to the Duke, &c., until the whole was paid.

BEGINNING OF DELAWARE.

In these two transfers of land we have the nucleus, the beginning, of the State of Dela- ware, a State that has been ever foremost in patriotism and unswerving devotion to the

principles of independence. The history of the territory and the different peoples that in- habited it, and the different governments under which they lived, is a strange and ro- mantie story.

Having made all the necessary preparations to visit the province which had been so gra- ciously granted to him in the New World, William Penn sailed from England with a large company and arrived in safety in the Delaware off New Castle, October 24, 1652. The inhabitants were on the alert to receive their new ruler; the Swedes, who had passed through so many trials, tribulations and sor- rows, especially, welcomed him with great cor- diality when he came ashore on the 27th. The great philanthropist was pleased with his re- ception and mingled freely with the people in their houses, inquired into their condition, and with diligent care set about familiarizing himself with the country and the needs of its people. It was a great day for New Castle, and marked the beginning of a new epoch in its history. Inasmuch as William Penn first set foot on the soil of his Province at New Castle, it has often been a source of wonder among many people that the Historical Society of Delaware, under the guiding direction of Henry C. Conrad, Esq., that devoted student of local history, has not ere this set up a tablet to mark the spot where he stepped ashore, and thus suitably connnemorate an event fraught with the destiny of two sovereign states of this mighty confederation.

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Biographical and genealogical history of the state of Delaware, Vol. I, Part 6

Author: Runk, J.M. & Co Publication date: 1899 Publisher: Chambersburg, Pa. Number of Pages: 1482

Author: Runk, J.M. & Co
Publication date: 1899
Publisher: Chambersburg, Pa.
Number of Pages: 1482