USA > New Jersey > A civil and political history of New Jersey: embracing a compendious history of the state, from its early discover and settlement by Europeans, brought down to the present time > Part 11
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A rumour of the meditated movement was soon borne to America. Governor Stuyvesant was informed that a squadron had been collected and was lying in Portsmouth, which was be- lieved to be destined to New Netherland, and would shortly set sail. Information of similar import was received in New England, and also, that a commission had been appointed to investigate the state of the colonies, and to settle and determine the policy of the
" Whitehead's History of East Jersey, p. 23.
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country. The visit of the officers of the King to his English sub- jects, was far more dreaded than desired. It was apprehended that the feelings entertained by the Sovereign toward the Puritan sectaries were not of the most favorable kind, and it was possible that he might still be disposed to look upon the country, as the asy- lum of the regicides. The event was quietly awaited.
In New Netherland little was attempted, and nothing could be effected to ward off the danger. Stuyvesant proposed that an en- listment should be made "of every third man, as had more than once been done in the Fatherland ;" but the people were little inclined to enter the lists. But the state of feeling in the English colonies in regard to the expected visit, soon became known in the neighboring province, and the knowledge excited a glimmering hope in the mind of Stuyvesant; he conceived the idea that an union might be formed with his ancient opponents, or at least, that they might be prevailed upon to observe neutrality. To secure this object, he made a voyage to Boston, and was received by Endicott, the Governor of Massachusetts, with entire civility, and even with an appearance of respect.3
But whatever were the doubts or fears of the English in regard to the dispositions of their Sovereign toward themselves, they were not inclined to enter into any agreement which might favor the Dutch. The proposals of Stuyvesant were rejected both in Massachusetts and Connecticut, and he returned from his fruitless visit only in time to meet the invasion of the province of New Netherland.
The squadron despatched to America for the purpose already mentioned, was under the command of Sir Robert Carre, but the military forces were commanded by Colonel Nicholls, who was also to have command in the country to be reduced, and these two officers, with George Cartwright and Samuel Maverick, were the Commissioners to the colonies.
Upon the arrival of the fleet at Boston, the Commissioners exhibited their credentials, and also produced instructions to the rolonists requiring that assistance should be given for the reduction of New Netherland. This requisition was presented to Endicott,
'Grahames' Colonial History, vol. 2, p. 179.
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the Governor of Massachusetts, who replied, that he had no au- thority to order a military levy without the consent of the general court, and the Commissioners were not inclined to await so tardy a movement. They therefore departed, leaving an order for the forces to follow.+
The application of the Commissioners in Connecticut, was met with a greater degree of alacrity; Governor Winthrop, with a number of volunteers, immediately joined themselves to the arma- ment, and proceeded in the enterprize. The squadron, which consisted of four ships, appeared before the principal city of New Netherland, in August, 1664. Director Stuyvesant was sufficiently apprized of the designs of the English, yet, as no formal declara- tion of war had been made, the way seemed open for a mission of inquiry, which it was probably hoped might lead at-least, to favorable negotiation. Accordingly, a deputation was sent to the English Commander, by which the Governor requested "with all respect and civility," that he might be informed concerning the meaning and intent of the approach of the ships, and their con- tinuance in the harbor, which it was said, "hath caused admira- tion in us, not having received any timely knowledge of the same." Colonel Nicholls returned an answer equally courteous in form, but decisive in import. He informed the Governor and Council that his Majesty of Great Britain, having an unquestionable right and title to this part of America, and well knowing how much it would derogate from his crown and dignity, to suffer any foreigners to usurp dominion, and inhabit there ; had given commandment to require a surrender of such forts or places of strength as were in possession of the Dutch. He accordingly demanded that the town known by the name of "Manhattoes," with all the forts belonging thereto, should be surrendered into his hands, and declared that every man who should submit, should be secure of life, liberty, and estate, but that all who should make opposition, would bring upon themselves the calamities of war. Governor Winthrop, who was known to the Governor and people of New Netherland, also
" A regiment of two hundred men was afterwards raised and equipped under the direction of the general court, and preparations were in progress for their departure, when information was received of the fall of New Amsterdam.
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wrote a communication urging the acceptance of the offered terms. Stuyvesant summoned his council and invited the burgomasters of the city to attend the conference; he represented to them that out- rage and violence were designed by the English, and urged that measures of resistance should at once be adopted. But the mem- bers of the conference were disposed to mingle prudence with their patriotism, They wished to become informed respecting the terms that had been proposed by the English, and requested that they might be allowed to examine the letters received by the Governor. Stuyvesant was indignant at the idea of entering into any consideration of terms ; he insisted that there was no other question to be debated, than as to the means of repelling the inva- sion. But this was not the prevailing sentiment, and the burgo- masters and principal inhabitants protested against the course of the Governor, in refusing to make known the terms that were offered. In fact, the people were not inclined to active resistance. They had not been satisfied with the course of their own authorities, and a powerful force which they had not the means of opposing, was now at their doors. The English too, had issued a proclamation setting forth to the colonists that all who would submit to his Majesty's government, should be protected "in his Majesty's laws and justice, and peaceably enjoy whatsoever God's blessing and their own industry, had furnished them with." For a period Stuyvesant endeavored to stem the current alone; he remonstrated against the supineness of his own people, and opposed the de- mands of the English by exhibiting proofs of a right to the coun- try. But all was unavailing, and finally, to preserve at least the · appearance of order, and prevent the occurrence of violence and misrule, he consented to a capitulation. The conditions were concluded by Commissioners appointed by the parties.5
The articles of treaty agreed upon, were afterwards submitted to Nicholls and Stuyvesant, and were approved and signed by them. The treaty bore date the 27th of August, 1664.
'The Commissioners on the part of the English were Sir Robert Carre, Colonel George Cartwright, John Winthrop, Samuel Willison, Thomas Clarke, and John Pinchon. On behalf of the Dutch, were John De Decker, Nicholas Varlett, Samuel Megapolensis, Cornelius Steenwick, Stephen Van Courtland, and James Coussea. Smith's New Jersey.
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The provisions were most favorable to the Dutch. It was agreed that the States General, or the West India Company should freely enjoy all farms and houses, except such as were in the forts, and should have liberty for six months to remove all arms and ammu- nition belonging to them, or else they should be paid for them. That all people should continue free denizens, and enjoy their lands, houses, goods, and ships, wheresoever they were, and dis- pose of them, as they should think proper. Any inhabitant wish- ing to remove, should have a year and six weeks from that date to remove his family, and dispose of his lands. All persons might freely come from the Netherlands and plant in the country, and Dutch vessels might freely come to the country, and any of the people return home. The Dutch should enjoy full liberty of con- science in Divine worship, and the Dutch discipline. No Dutch- man or Dutch ship should be pressed to serve in any war. The people were to enjoy their own customs concerning property, and all public writings and records were to remain undisturbed, and such writings as concerned the States General might be sent to them. No legal process should be interrupted, or called in ques- tion. . All inferior civil officers might continue in office if they chose, until the customary time of new elections, but new officers should take the oath of allegiance to his Majesty of England.
Military officers and soldiers were to be allowed to depart with their arms and colours, and if any of them would remain as set- tlers, they should have fifty acres of land assigned to them.
These conditions, with others, formed as favorable an agreement as was ever granted to any people, in a similar case.
The satisfaction of the colonists was the natural effect of this liberal arrangement; but few availed themselves of the privileges allowing them to depart from the country ; even Stuyvesant him- self remained, and continued in the province the remainder of his days.
The capitulation of New York was soon afterwards followed by the surrender of other places; Colonel Nicholls advanced to the vicinity of Fort Orange, which submitted without resistance, and measures were directly adopted for taking possession of the country upon the Delaware. For the latter purpose special au- thority was given by the Commissioners to one of their associates,
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Sir Robert Carre." He was also furnished with particular instruc- tions for directing the enterprize. He was to summons the Governor and inhabitants to yield obedience to his Majesty as the rightful Sovereign of that tract of land, and to inform them that all planters should enjoy their farms, houses, goods and chattels, with the same privileges and upon the same terms as they do now possess them ; both the people of the West India Company, and of the city of Amsterdam.7 They were to know no alteration "only that they change their masters." He was to represent to the Swedes the advantages of "their happy return under a mon- archical government," and to set forth his Majesty's good inclina- tions to that nation, as well as to all men who should comply with his Majesty's rights and titles in the country, without force of .arms. In case assistance should be found necessary, messengers were to be sent to the Governor of Maryland, asking for aid. To my Lord Baltimore's son and others of the English that were concerned in Maryland, the Commissioner or Commander was to state, that his Majesty at great expense had sent ships and soldiers to reduce all foreigners in these parts to obedience, and for that
" " Whereas we are informed that the Dutch have seated themselves in Delaware Bay, on his Majesty of Great Britain's territories, without his knowledge and consent, and that they have fortified themselves there and drawn a great trade thither, and being assured that if they be permitted to go on, the gaining of this place will be of small advantage to his Majesty ; we, his Majesty's Commissioners, by virtue of his Majesty's commission and instructions to us given, have advised and determined to endeavor to bring that place and A'l strangers there, in obedience to his Majesty, and by these do order and ap-, ¡wint that his Majesty's frigates, the Guinea, and the William and Nicholas, w!»! all the soldiery which are not in the fort, shall with what speed they con- wnieutly can, go thither, under the command of Sir Robert Carre, to reduce the Fame, willing and commanding all officers at sca and all soldiers to obey the mal Sir Robert Carre during this expedition.
" Given under our hands and seals, at the Fort at New York, upon the Isle of Manhattoes, September 3d, 1661.
" RICHARD NICHOLLS, "GEORGE CARTWRIGHT, "SAMUEL MAVERICK."
'The whole of the territory claimed by the Dutch on the western side of the IMlaware, was at this time under the government of the city of Amsterdam. The enlony of the company had been ceded to the city the preceding year, and Huoyosa had been appointed Governor of the whole country.
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purpose only ; but the reduction of the place being at his Majesty's expense, the country would be held for his Majesty's own behoof and right, yet, that if Lord Baltimore held claim there by his patent, (which it was said was a doubtful case,) he might be in- formed, that possession would only be continued until his Majesty should become informed and satisfied in the case.8
Sir Robert Carre was entirely successful; upon his arrival in the Delaware, the different forts were surrendered, and the people submitted with scarcely an appearance of resistance. Articles of agreement were concluded which purported to be "between the Honorable Sir Robert Carre, Knight, on the behalf of his Majesty of Great Britain, and the Burgomasters on behalf of themselves, · and all the Dutch and Swedes, inhabiting on Delaware Bay, and Delaware River."9 The burgesses and planters were to submit themselves to his Majesty without opposition, all persons what- , ever thus submitting, being promised the fullest protection in their persons and. estates. All civil offices, and officers, were to be continued until his Majesty's pleasure should be farther known; all persons were to enjoy full liberty of conscience, in church discipline as formerly. Any person who might wish to leave the country, should be permitted to depart with his goods, within six months from the date of the treaty ; all who should remain, were to take the oath of allegiance, and whoever should take the oath, should, from that time, be considered a free denizen, and entitled to the privileges of trading into all parts of his Majesty's do- minions, as freely as any Englishman.
This agreement was concluded on the Ist of October, 1664.10 " That was the day on which the whole of New Netherland be- came subject to the English Crown."11
Thus, in the mutations of human affairs, the fate of New Sweden now fell in turn, to the lot of New Netherland.
" From the representations here made, it would appear that the people of Maryland had partial possession on the Delaware at the time, the Dutch en- joying no more the divided authority.
. These Burgomasters were Garret Saunders, Vautiell, Hans Block, Lucas Peterson, and Henry Cousterier. Gordon's New Jersey, p. 21.
" Smith's New Jersey, p. 50. " Smith's New York.
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One of the circumstances incident to the change that had occur- red, was an alteration of names. New Amsterdam received the name of New York, which was given in honor of the Duke, and with the same intent, Fort Orange was called Albany, from one of the titles of his Royal Highness.
The subjugation of New Netherland by Charles the Second, has been represented by historians as an act of flagrant injustice and usurpation.12 The charge contained in this representation is a subject requiring attention, not for the purpose of defending the King, but in order to determine important questions of right. Charles the Second was a profligate, both as a man, and as a monarch, and no extenuation of his general course, will here be attempted. As already remarked, the considerations which led to the act in question were various in origin and character, and they were probably different also, as to the degree of their influence: and in such a mind as the King's, the strongest and best, may not have exerted the greatest force. It may not be safe to affirm that with him the most powerful motive was a firm conviction that the country he resolved to subdue, belonged to his people. But it can scarcely be necessary in such a case to enter into any analysis of motives, no more is required than fairly to determine the real character of the act itself. If the country held by the Dutch, be- longed of right to the English nation, it is not important to inquire, what were the particular views which induced the King to attempt the subjugation; if, on the contrary, the English had no right to the country, if the Dutch were its real owners, then the procedure of the King may truly be characterized as an act of " usurpation," whatsoever his professions or motives might be. In defending their position, the Dutch professed to have derived their rights from three separate sources, discovery, a pur- chase of the land from the native princes and people of the country, and actual continued possession.
The question of discovery has already been considered.13 On this ground the Dutch were entirely precluded. The entire extent of coast had been discovered by the English, a fact which was
" Grahame and Gordon.
13 See page 36.
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known to the Dutch, and to every civilized nation. And this claim had been fully consummated by actual possession.
Whether a right to the country could be acquired in the second mode, a purchase from the princes and people of the land, must be determined by the question, how far the claim from discovery was affected by the occupation of the native inhabitants. At the arrival of the Europeans in North America, they found the , whole extent of the country before them, nearly in a state of primeval wildness. There were scarcely any marks of culture, or evidences of ownership; the whole was a wide unbroken waste. To civilized men it appeared indeed as a new world, and for all the purposes of civilized life it really was an unappropriated - domain. The store-houses of the native inhabitants were the forests and the streams. Generations had appeared and perished and had scarcely left a notice of their existence behind them. As might be supposed, the ideas of such a people in relation to the rights of property, were crude and unsettled. No other possession was held by individuals than the few implements they used, and the materials needed in the construction of their rude habitations. Property in land was not known. Such being the condition of the country and of the people, no attempt was made by the Europeans to derive a title from the natives; they based their claims upon the ground of original acquisition. Such a claim, in its principle, was no more than an assertion of the superiority of civilized to savage society and modes of life, and that the latter must give place to the former ; a principle which it would be vain and useless to deny. The application of . this principle or rule, however, was liable to some restriction. If the Europeans had acquired an original claim to the country, this claim did not operate to the immediate extinction of the Indian right from actual occupancy, it only took the country subject to this right. It took and held the country subject to this incumbrance. But this in cumbrance could only be removed by the holders of the principal title, or if others should do or attempt this, it would be at their own hazard and loss; a third party could derive no advantage from removing the incumbrance, because the country would still be held by the superior claim.
At an early period these principles became generally recognized.
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That discovery gave the primary or principal right to a country, was admitted by all European nations; it was acknowledged in all their negotiations, and wars, and treaties ; whether equitable or not, the principle was universally acknowledged, and acted upon. It became national law.
If then, the people of Holland were not the discoverers of the country they occupied, or had not otherwise come into possession of the principal claim ; a purchase from the princes and natives of the land, would be of no value or force.
Beside this, the Indian right itself was but imperfectly and par- tially secured. It is not easy to determine who among these tribes, or whether any, were clothed with sufficient authority to enable them to make a perfect conveyance of their rights or claims; but whether the agreements that were made, were concluded in such form, or by such authority as was generally acknowledged, or otherwise, it is certain that the contracts made were not con- sidered of binding force. Lands that had been sold were sold again without any appearance of scruple; successive agreements were made with the different people that appeared, or with the same people, as occasion might offer, and after all, the lands thus . sold, continued to be occupied, as before.14 And even the right to be acquired by such conveyances as these, slight as it was, was only partly obtained by the Dutch; they purchased but a small part of the territory of New Netherland, having concluded agree- · ments with only a few of the numerous tribes that occupied the country . 15
14 In some instances the natives of America when selling their lands, made a special condition reserving the right of hunting and fishing upon them. Whether this was done in the agreements with the Dutch, there is nothing to show. :
" There was yet another difficulty in regard to the conveyance of the Indian right, arising out of the peculiar character of the customs of the people them- selves. It has been mentioned, that at an early period, the Dutch had formed a treaty of peace with the great Five Nation Confederacy, and that the Lenape tribes were then present. According to the traditions of the latter nations, they were then prevailed on by the urgent representations of the other tribes, (in which the Dutch are said to have joined,) to assume the character of mediator, or peace maker. They were to lay down their arms, and trust their defence to their confederates, exerting themselves only in such modes as were in accordance
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Possession is the remaining ground of title relied on by the Dutch, and by this mode an unexceptionable title may sometimes be acquired. Possession may be taken of unoccupied lands when the original holders have either abandoned or lost their claims. Or, without such previous abandonment and loss, if a second party should enter a country and take possession, and should con- tinue in enjoyment without interruption, for a sufficient period of time, the original holder would be estopped, his right would be extinguished. If these conditions existed in the case in question, the claims of the Dutch must be admitted; but these conditions did not exist. Previously to the coming of the Dutch, the English, the original claimants, had entered the country themselves, and taken possession, and were in actual possession at the time. The Dutch might still have rendered themselves masters of the country by the extinction of the prior claims of the English, either by treaty or purchase, but this was not affected or even attempted. They might also acquire a title by long and uninterrupted posses- sion, but this they were not permitted to do. They had scarcely entered and seated themselves on the territory when they were visited by an English officer who asserted the rights of his nation, and compelled the settlers to acknowledge the authority of his Sovereign, and to agree to the payment of an annual tribute. Other measures were afterwards taken; grants were made by the
with the character and offices they had assumed. In the figurative language . of the race, they became "women," and were thus reduced to a state of de- pendance. The enemies of the Lenape people assert that this change in their - condition was the result of a series of hostile contests; that they were subdued by force of arins, and compelled to yield, as a conquered people. Whether force or fraud were the means, the subjection of these tribes is admitted, and as a consequence they lost dominion over their country. The other nations insisted that the Lenape people had no right to make treaties, or to dispose of their lands in any manner. At a subsequent period, Canassatago, a Chief of the Six Nations, was called on to settle a dispute between the English and the Indians, in relation to land on the Forks of the Delaware. The Chief addressed himself to the Delaware tribes, and declared that the lands they now claimed had already been sold, to his own knowledge, and therefore their present demand was intended as a fraud. But said he to them, "how came you to take upon you to sell lands at all ; we conquered you ; we made women of you ; you know you are women, and can no more sell land than women."
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