USA > New Jersey > The history of New Jersey : from its earliest settlement to the present time : including a brief historical account of the first discoveries and settlement of the country, Vol. I > Part 4
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" P. STUYVESANT.
"By order and appointment of the governor and commander in chief of the council of New Netherlands, the 19-29th of August, 1664.
" CORNELIUS RUYVEN, Secretary."
To this letter, Col. Nicholls sent the following answer :
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" To the honorable the governor and chief council of the Man- hatans :*
" RIGHT WORTHY SIRS :
"I received a letter by some worthy persons entrusted by you, bearing date the 19-29th of August, desiring to know the intent of the approach of the English frigates, in return of which I think fit to let you know, that His Majesty of Great Brittain, whose right and title to these parts of America is unquestionable, well knowing how much it derogates from his crown and dignity, to suffer any foreigners, how near soever they be allied, to usurp a dominion, and without His Majesty's royal consent, to inhabit in these or any other His Majesty's territories, hath commanded me, in his name, to require a sur- render of all such forts, towns, or places of strength, which are now possessed by the Dutch under your command. And in His Majesty's name, I do demand the town, situated upon the island, known by the name of Manhatoes, with all the forts thereunto belonging, to be rendered unto His Majesty's obedi- ence and protection into my hands. I am further commanded to assure you, and every respective inhabitant of the Dutch nation, that His Majesty being tender of the effusion of Christ- ian blood, doth, by these presents, confirm and secure to every · man his estate, life, and liberty, who shall readily submit to his government ; and all those who shall oppose His Majesty's gra- cious intentions, must expect all the miseries of a war which they bring upon themselves. I shall expect your answer. by those gentlemen, Colonel George Cartwright, one of His Majesty's commissioners in America, Captain Robert Needham, Captain Edward Groves, and Mr. Thomas Delavall, whom you will entertain and treat with such civility as is due to them and yourselves, and you shall receive the same from, worthy sirs, your very humble servant,
" RICHARD NICHOLLS.
" Dated on board His Majesty's ship, the Guinea, riding before Naijack, the 20-30th of August, 1664."
Stuyvesant having now obtained full information from the Eng-
*The Indian name by which New York island was formerly called.
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lish general himself, of the nature of his business with him, returned the following answer :
" That they were so confident of the discretion and equity of His Majesty of Great Britain, that were His Majesty truly in" formed of their right, he would not have given such an order. That the Dutch came not into these provinces by violence, but by virtue of a commission from the States General in 1614, when they settled the North river, near fort Orange, and to avoid the invasions and massacres commonly committed by the savages they built a little fort there. That afterwards, in the year 1662, and at the present time, by virtue of a commission and grant to the governor of the West India Company, and an- other in the year 1656, of South river, to the burgomasters of Amsterdam, they had peaceably governed and enjoyed these provinces. That they were the first discoverers ; had purchased the land of the natives-princes of the country ; and had con- tinued in the uninterrupted possession thereof. That they made no doubt that if His Majesty of Great Britain, were truly in- formed of these passages, he was too judicious to give any order that the places and fortresses in their hands should be given up, especially at a time when so strict a friendship subsisted between His Majesty and the States General. That the offering of any act of hostility and violence against them, would be an infrac- tion of the treaty which subsisted between His Majesty of Great Britain and the States General. That as to the threats in the conclusion of General Nicholls' letter, he had nothing to an- swer, only that they feared nothing but what God should lay upon them."
L'pon the receipt of this answer, Col. Nicholls determined that there was nothing to be gained by delay, and accordingly resolved to assert the rights of his master, and immediately issued an order to Capt. Hyde, to the following effect .
" Whereas, the governor and council of the Dutch plantation upon the Manhatoes, in Hudson's river, have, in answer to a summons, returned their resolutions to maintain their right and
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title of the States' General and West India Company, of Hol- land, to their forts, towns and plantations in these parts of America, I do therefore, in protection of His Majesty's service, recommend to Captain Hugh Hyde, commander in chief of the squadron, to prosecute, with the advice of the captains under his command, His Majesty's claim and interest, by all ways and means, as they shall think most expedient, for the speedy reduc- ing the Dutch under His Majesty's obedience, and for so doing this shall be their warrant.
" Given under my hand the 24th of August, 1664, on board his majesty's ship the Guinea.
" RICHARD NICHOLLS."
The Dutch governor being convinced by the above order, and the preparations he had seen going on, that the English were determined to carry out their threats, Stuyvesant thought it best, before hostilities actually commenced, to propose one more ex- pedient, and on the 4th of September, he addressed another letter to Nicholls, as follows :
" MY LORD :
"Upon our letter the day before yesterday, and the commu- nication by words of mouth by our deputies, touching the just right and possession, without dispute of my lords, the States General of the united provinces, as also of our discovery of the news from Holland, which makes us not to doubt but that the King of Great Britain and my lords, the said States are at this hour agreed upon their limits. This had given us hope, my lord, to avoid all dispute, that you would have desisted from your design, or at least have given time, that we might have heard from our masters, from which expectation we have been frustrated by the report of our said deputies, who have assured us by word of mouth, that you persist on your summons and let- ter of 20-30 August, upon which we have no other thing to answer, but that following the order of my lords, the States Gen- eral, we are obliged to defend our place. However that in regard that we make no doubt, that upon your assault and our defence there will be a great deal of blood spilt, and besides it
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is to be feared greater difficulty may arise hereafter. We have thought fit to send unto you Mr. John de Decker, counsellor of state ; Cornelius Van Riven, secretary and receiver ; Cornelius Steenwick, mayor ; and James Coussea, sheriff, to the end of finding some means to hinder the spilling of innocent blood, which we esteem, my lord, not to be your intention. Praying that you will please to appoint a place and hour, and send or cause your deputies to meet there, with full commission to treat and seek out the means of a good accommodation, and in the mean time to cause all hostility to cease. Upon which, after recommending you to the protection of God, we remain, my lord, your thrice affectionate friend and servant,
" P. STUYVESANT."
To this letter Col. Nicholl's replied in an answer directed to the honorable the governor of the Manhatoes, as follows :
" RIGHT WORTHY SIR :
. "In answer to yours of the 4th of September, new style, by hands of John de Decker, counsellor of state ; Cornelius Van Riven, secretary and receiver ; Cornelius Steenwick, burgo- master, and James Cousseau, sheriff, I do think it once more agreeable to the King's intentions, and my duty to his strict commands, to propose and receive all ways and means of avoid- ing the effusion of Christian blood ; of which sincere intention, I suppose you are already fully satisfied, and shall have no cause to doubt it for the future ; as also, that I do insist upon my first summons and message to you, for a speedy surrender of the towns and forts now under your command, into His Majesty's obedience and protection. You may easily believe that in re- spect of greater difficulties which are ready to attend you, I should willingly comply with your proposition to appoint deputies, place, and time to treat of a good accommodation. But unless you had also . given me to know, that by such a meeting you do intend to treat upon articles of surrender, I do not see just cause to defer the pursuance of His Majesty's com- mands. My first demand, and my last answer, of reducing
D
T
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your towns and forts to His Majesty's obedience, which, why you call acts of hostility, I see no reason.
" However, since you have given yourself and messengers this new trouble, I shall also take this fresh occasion to assure you that I heartily wish health, peace, and prosperity to every inhabitant of your plantations, and particularly to yourself, as being your affectionate humble servant.
" RICHARD NICHOLLS.
"'Gravesend, 25th August, 1664."
Stuyvesant, finding Nicholls grew more resolute in his enter- prise, and the country in general upholding him, after having tried in vain what other expedients he could, was compelled, at last, to surrender the fort and province under his government to the English, and commissioners were thereupon appointed to treat upon the articles. Those on the part of the English were Sir Robert Carre, Knight; Colonel George Cartwright; John Winthrop, Esq., Governor of Connecticut, and Samuel Willis, one of his council ; Captain Thomas Clarke, and Captain John Punctown, commissioners from the general court of Mas- sachusetts.
The persons named by Governor Stuyvesant were John de Decker, Nicholas Varlett, commissary, concerning matters of traffic ; Samuel Megopolensis, Cornelius Steenwick, Stephen Courtland, and James Coussea.
The following articles of this treaty were agreed upon the 27th of August, 1664, old style, and were signed and confirmed by Colonel Nicholls and Governor Stuyvesant, and subscribed by the commissioners, and contained twenty-four articles :
The first gave to the States General, or the West India Com- pany, free enjoyment of all farms and houses, except such as were in the forts, with liberty within six months to transport all arms and ammunition that belonged to them, or to be paid for the same.
2. All public houses were to continue for the use they were for at the time.
3. All people were to continue free denizens, to enjoy their lands, houses, goods, ships, wheresoever they were in the coun- try, and to dispose of them as they please.
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4. If any inhabitant desired to remove himself, one year and six weeks was allowed him from the date of the treaty to remove himself, his wife, children, servants, and goods, and to dispose of his lands.
· 5. Any officer of state or public minister who desired to go to England, should be transported, freight free, in His Majesty's frigates.
6. Any people were allowed freely to come from the Nether- lands, and plant in the country, and Dutch vessels were freely allowed to come hither, and any of the Dutch were allowed freely to return home, or send any sort of merchandise home in their own vessels.
7. All ships from the Netherlands were allowed to transport goods into the colony for six months next ensuing from the time of the coming of the English.
8. They were allowed to enjoy liberty of conscience in mat- ters relating to religion, in divine worship, and Dutch dis- cipline.
9. They were guaranteed that no Dutchman then in the colony, or Dutch ship, should, on any occasion whatever, be pressed to serve in war against any nation whatsoever.
Io. No soldiers were to be allowed to be quartered upon them without their being satisfied and paid for by the officers, and if the fort at present was inadequate to lodge all the soldiers, the burgomaster, by his officers; was to appoint some houses capable to receive them.
II. The Dutch were to enjoy their own customs concerning their inheritances.
12. All public writings and records. which concern the inheri- tances of any people, or the reglement of the church, or poor, or orphans, were to be carefully kept in the hands they then were, and such writings as particularly concern the States General, were to be sent to them at any time they might demand them.
13. No judgment that had passed any judicature should be called into question, and those who thought justice had not been done them, were allowed to apply to the States General, and the other party were required to answer them for the sup- posed injury.
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14. Any Dutch residing in the colony desiring at any time to travel or traffic in England, or any place or plantation, in obedience to His Majesty of England, or with the Indians, was to receive, upon his request to the governor, a certificate that he is a free denizen of the place, whereupon he was to have liberty so to do.
15. In case there was a public engagement of debt by the town of Manhatoes, and a way agreed upon for the satisfying of the engagement, the same plan was to be adhered to until the engagement was satisfied.
16. Inferior officers and magistrates were to continue as they then were until the customary time of election, when they were to choose new ones, who were to take the oath of allegiance to His Majesty of England before he could enter upon the office.
17. All differences of contracts and bargains made before that time, were to be determined according to the manner of the Dutch.
18. In case the West India Company, of Amsterdam, owe any sums of money to any persons here, it was agreed that recognition and other duties payable by ships going for the Netherlands be continued six months.
19. The officers, military, and soldiers, were to march out with their arms, drums beating, and colors flying, lighted matches, and if any of them will plant, they were to have fifty acres of land set out to them, and if any of them will serve any as servants, they were to continue with all safety, and become free denizens afterwards.
20. In case the King of Great Britain and the States of Netherland should at any time agree that this place and country be re-delivered into the hands of the said States, whenever His Majesty sent his commands to re-deliver it, it should imme- diately be done.
21. The town of Manhatans were allowed to choose deputies, who should have free voices in all public affairs.
22. Those who had any property in any houses in the fort of Aurania, should, if they please, slight the fortifications there, and then enjoy all their houses as all people do where there is no fort.
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23. If any of the soldiers desire to go into Holland, and if the company of West India, in Amsterdam, or any private per- sons here, will transport them into Holland, they should have a safe passport from Colonel Richard Nicholls, Deputy Governor under His Royal Highness ; and the other commissioners to defend the ships that shall transport such soldiers, and all the goods in them, from any surprisal or act of hostility to be done by any of His Majesty's ships or subjects.
24. The copies of the King's grant to His Royal Highness, and the copy of His Royal Highness' commission to Colonel Richard Nicholls, testified by two commissioners more and Mr. Winthrop to be true copies, were to be delivered to Mr. Stuy- vesant, the present governor, on Monday next, by eight o'clock in the morning, at the old Milne, and these articles consented to and signed by Colonel Richard Nicholls, Deputy Governor to His Royal Highness, and that within two hours after the fort and town called New Amsterdam, upon the island of Manhatoes, shall be delivered into the hands of the said Colonel Richard Nicholls by the service of such as shall be by him thereunto deputed by his hand and seal."
The articles having been agreed on, the fort and city of New Amsterdam were surrendered to the English. Some of the houses were then built of brick and stone, and in part covered with red and black tile. The land being high, it made an agreeable prospect to those that visited it from the sea. Most of the Dutch inhabitants remained, and took the oath of alle- giance to the English government, and they and their posterity remained loyal subjects so long as they were under the crown of Great Britain ; but after we had made an effort to throw off the British yoke, they espoused the cause of the country, and fought for freedom .*
* In the year 1751, as some workmen were digging down the bank of the Nath River, in New York, in order to build a still-house, a stone wall was Axcovered, between four and five feet thick, and near eight feet under ground, appused to have been the breastwork of a battery.
CHAPTER III.
1664-1669.
The Dutch at Delaware Bay-Sir Robert Carre-Right of the Crown of England to these Provinces-Duke of York-First Constitution of New Jersey-Inducements to settlers.
T HIRTEEN days after the surrender of New Amsterdam, Col. Nicholls marched up the country to Orange fort, and having taken it without much resistance, he gave it the name of Albany .* Previous to his taking this fort, he, with the other commissioners, sent Sir Robert Carre, t with the ships under his command, on an expedition into Delaware bay and river, to compel the submission of the inhabitants there. The commis- sion granted was as follows :
" Whereas, we are informed that the Dutch have seated them- selves at Delaware bay, on His Majesty of Great Britain's terri- tories, without his knowledge and consent, and that they have fortified themselves there and drawn a great trade thither, and being assured if they be permitted to go on, the gaining of this place will be of small advantage to His Majesty. We, His Majesty's commission, and by instructions to us given, have ad- vised and determined to endeavor to bring that place and all strangers there, in obedience to His Majesty, and by these do order and appoint that His Majesty's frigates, the Guinea, and the William, and Nicholas, and all the soldiery which are not
*After the Duke of York's Scotch title.
t Pronounced Carr.
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in the fort, shall, with what speed they can conveniently go thither, under the command of Sir Robert Carre, to reduce the same, willing and commanding a l officers at sea and land, and all soldiers to obey the said Sir Robert Carre, during this ex- pedition.
"Given under our hands and seals, at the fort of New York, upon the isle of Manhatoes, the third day of September, 1664.
" RICHARD NICHOLLS.
" GEORGE CARTWRIGHT.
"SAMUEL MEVERICK."
This commission was deliverd to Sir Robert Carre, with full instructions as to the manner he was to conduct the expedition upon his arrival in Delaware bay, which were as follows :
" Instructions to Sir Robert Carre, for the reducing of Dela- ware bay, and settling the people there under His Majesty's obedience.
" When you are come near unto the fort, which is possessed by the Dutch, you shall send your boat on shore to summons the governor and inhabitants to yield obedience to His Majesty, as the rightful sovereign of that tract of land, and let him and them know that all the planters shall enjoy their farms, houses, lands, goods, and chattles, with the same privileges, and upon the same terms which they do now possess them ; only that they change their masters, whether they be the West India Company or the city of Amsterdam. To the Swedes you shall remon- strate their happy return under a monarchial government, and His Majesty's good inclination to that nation, and to all men who shall comply with His Majesty's rights and titles in Dela- ware without force of arms. That all cannon, arms, and am- munition which belongs to the government shall remain to His Majesty.
" That the acts of parliament shall be the rule for future trading.
"That all people may enjoy liberty of conscience.
" That for six months, next ensuing, the same magistrates shall continue in their offices, only that they and all others in author- ity must take the oath of allegiance to His Majesty, and all dublic acts be made in His Majesty's name.
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" If you find you cannot reduce the place by force, or upon these conditions, you may add such as you find necessary, on the place ; but if these, nor force will prevail, then you are to despatch a messenger to the governor of Maryland, with a letter to him, and request his assistance, and of all other English who live near the Dutch plantations.
" Your first care, after reducing the place, is to protect the inhabitants from injuries, as well as violence of the soldiers, which will be easily effected if you settle a course for weekly or daily provisions by agreement with the inhabitants, which shall be satisfied to them, either out of the profits, customs or rents belonging to their present master, or in case of necessity from hence.
" The laws for the present cannot be altered as to the admin- istration of justice between the parties.
"To my Lord Baltimore's son you shall declare, and to all the English concerned in Maryland, that His Majesty hath, at his great expense, sent his ships and soldiers to reduce all foreigners in those parts to His Majesty's obedience, and to that purpose only you are employed. But the reduction of the place being at His Majesty's expense, you have commands to keep possession thereof for His Majesty's behoof and right, and that you are ready to join the governor of Maryland upon His Majesty's interest on all occasions, and that if Lord Baltimore 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 satisfied otherwise. In other things, I must leave you to your own discretion, and the best advice you can get upon the place."
Carre having received this commission, immediately set sail with the ships under his command. On his arrival against New Castle, (then called New Amstel, ) the Dutch and Swedes, fol- lowing the example of New Amsterdam, their capital, at once capitulated and surrendered their fort. The articles were signed and sealed by the English commanding officer, and six of the principal inhabitants of the place on behalf of themselves and others, and were as follows :
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"Articles of agreement 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.
" I. That all the burgesses and planters will submit them- selves to His Majesty without any resistance.
" 2. That whoever, or what nation soever, doth submit to His Majesty's authority, shall be protected in their estates, real and personal, whatsoever, by His Majesty's laws and justice.
" 3. That the present magistrates shall be continued in their offices and jurisdictions to exercise their civil power as formerly.
" 4. That if any Dutchman, or other person, shall desire to depart from this river, it shall be lawful for him so to do with his goods, within six months after the date of these articles.
"5. That the magistrates and all the inhabitants (who are included in these articles) shall take the oath of allegiance to His Majesty.
"6. That all people shall enjoy the liberty of their con- sciences in church discipline, as formerly.
" 7. That whoever shall take the oath is from that time a free denizen, and shall enjoy all the privileges of trading into any of His Majesty's dominions as freely as any Englishman and may require a certificate for so doing.
" 8. That the scout, the burgomaster, sheriff, and other in- ferior magistrates, shall use and exercise their customary power in administration of justice, within their precincts for six months, or until His Majesty's pleasure is further known.
" Dated October Ist, 1664."
. Thus it will be seen in all the early conquests made by the crown of Great Britain, the rights of conscience, and protec- Lon of the civil powers of the governments conquered were, in all cases, rigidly maintained.
New Amsterdam, Fort Orange, and the inhabitants on the filaware or South river, being reduced, the whole country was in the possession of the English, and things having assumed a quet posture about New York, Richard Nicholls was com- .. sioned the 24th of October, 1664, by Cartwright and Mev- rt. k, to repair to Delaware bay and govern the place.
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He was authorized to depute such officers, civil and military, and adopt such other measures as he should think proper, until the pleasure of the King should be further known.
In this way things rested until 1668, when Nicholls and his council at New York gave the following directions for a better settlement of the government on the Delaware.
"That it is necessary to hold up the name and countenance of a garrison in Delaware with twenty men and one commis- sioned officer.
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