History of New Netherland; or, New York under the Dutch, Vol. II, Part 14

Author: O'Callaghan, E. B. (Edmund Bailey), 1797-1880 cn
Publication date: 1848
Publisher: New York, D. Appleton & co.
Number of Pages: 640


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The commissioners replied by reminding the Director- general that he came to treat with them; that he had addressed his letters to them; and consequently could not expect any answer but from them. The English colonies, they averred, had, on first confederating, enquired, and by all due means searched into the claim the then Governor made to some part of the Connecticut. They had perused M. Kieft's letters ; considered his allegations and proofs ; and compared them with those Connecticut had produced. This mode to arrive at the truth they considered clear and satisfactory. On full and serious reflection, they and the General Court of Massachusetts had concluded the Con- necticut title fair and just, and communicated such opinion to the Dutch Governor. Notwithstanding, if they were yet informed of what was in dispute, and the grounds on which a question was raised, they should impartially


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give their advice. But the claims of the Dutch had hitherto CHAP. varied. Sometimes they claimed all the land on the river ; IX. at other times only a part. Sometimes their claim rested 1650. on one ground, sometimes on another. All this left them in darkness and doubt. Some of the colonies had been charged with having committed injury, wrong, encroach- ment and usurpation, without a shadow of proof ; and yet it was taken ill that they retorted similar expressions. The New Haven people were willing that the question of fugitives should be decided by impartial men; and the commissioners, though conceiving that their former answer on the subject of trade was full and satisfactory, now explained, that, as the French and Dutch prohibited com- mercial intercourse with their Indians, so the commission- ers considered themselves justified in acting in the same manner within their bounds. They were willing, however, to reconsider their resolution, if the proposed treaty were, in other respects, satisfactory. They did not regard themselves as a court where the matters at issue were to be decided by a vote. They were willing to hold a free conference in order to arrive at a proper understanding, and if the Director-general's desire for peace were sincere, they would not object to the mode of arbitration he sub- mitted. But they expressed a desire to see his commission, and to be previously made acquainted with his points of reference. Supplementary to this communication followed a long list of grievances which the English of Connecticut and New Haven claimed to have suffered at the hands of the Dutch. Most of these have already been mentioned in their chronological order ; several new ones were, however, now superadded.


The Dutch agents at Fort Good Hope had enticed servants to leave their masters, and had bought stolen goods which they also refused to restore on satisfaction being offered. They had removed from Hartford without paying their debts, which their successors, likewise, had refused to settle. They had not only, formerly, helped criminals to file their irons and make their escape, but " the neger belonging to the Dutch house" had lately


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BOOK


IV.


assisted a criminal, committed on a capital charge, to


break jail and make his escape, for which he had not been 1650. called to any account. Over and above all this, “ some English couples refused at the plantations," had been married by the Dutch. Several other accusations of a like nature followed.


The Director-general wisely passed unnoticed these supplementary issues, and adhered to the points which he had originally mooted, and to those questions which were Sep. 27. directly connected with them. He shrewdly remarked, in his reply, that "the pretendant colonies" of Hartford and New Haven, anticipating no sufficient authority from mere possession for those rights they claimed, " had recourse to the indisputable patents of Massachusetts and Plymouth to shroud themselves under their wings ;" they had, therefore, produced such evidence and letters as might serve their own ends. That all his allegations and proofs had been duly weighed, before indifferent judges, in the presence of the parties defendant, he conceived could never be proved. His commission was ready to be produced, when that on the other side was forthcoming. He questioned not the power of the commissioners to regulate trade within their limits, but desired that those under Dutch jurisdiction should enjoy the same freedom with the Indians, that they had always possessed. He was pre- pared to perform what he had already promised regarding this negotiation, and with that view submitted, for the joint consideration of the delegates to be selected, the four following points :- 1st. The settlement of differences; 2d. A provisional boundary between the English and the Dutch; 3d. A course to be pursued concerning fugitives ; 4th. A neighborly union between New England and New Netherland. as near as may be agreed upon.


The New England commissioners now began to evince a disposition to protract the negotiation and weary their antagonist, by cavil. They took it into immediate dudgeon that he should have styled Connecticut and Hartford " pre- tendant colonies," and implied against them " an injurious anticipation of some right" which he " pretended ;" inas-


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much as he had said that " they shroud themselves under CHAP. the wings of patents" which did not include them. He had also alleged that Dutch evidence was not fairly pro- 1650. duced to support his claims. All this, " if not retracted, cannot but offend." They again referred to his having sometimes claimed Cape Cod, and at other times Point Judith, as his eastern boundary, though hitherto he had exhibited neither patent nor purchase, to justify any such pretence. On a satisfactory explanation of these matters, the commissioners expressed themselves willing to treat, through referees, on the points submitted.


The Director-general assured them he was induced to visit them by a love of peace, and not by a desire to create altercations. They were all aware he could not express himself as fluently in their language as in his own, and therefore he hoped that no advantage would be taken, to impede the treaty, of those things now objected against him. He explained what he understood as the difference between a pretended, and a real right. A man may pre- tend a right to that which he does not possess, and yet have a real right; and may pretend to possess that to which he hath no right at all. But he was willing, if they pleased, to leave this question altogether to their superiors. In the mean time he would treat with them all, as the United Colonies.


This explanation was deemed satisfactory, and the com- Sep. 28. missioners chose Mr. Symon Bradstreet, of Massachusetts, and Mr. Thomas Prince, of Plymouth, as arbitrators on their part, and Director Stuyvesant selected, on his side, Mr. Thomas Willett, merchant, of Plymouth, and Ensign George Baxter, his English secretary ; who, on the follow- ing day, delivered in their award as follows :- Sep. 29.


"ARTICLES OF AGREEMENT


Made and concluded at Hartford, upon Conecticott, Sept. 19, 1650, betwixt the delegates of the Honored Commissioners of the United English Colonies, and the delegates of Peter Stuyvesant, Governor-general of New Netherland.


" I. Upon serious consideration of the differences and


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BOOK grievances of the two English colonies of Conecticott and IV. New Haven, and the answer made by the Honored Dutch 1650. Governor, Peter Stuyvesant, Esq., according to the trust and power committed unto us as arbitrators or delegates betwixt the said parties ; We find that most of the offences or grievances were things done in the time, and by the order and command of Monsieur William Kieft, the former Governor, and that the present Honored Governor is not duly prepared to make answer to them : We, therefore, think meet to respite the full consideration and judgment concerning them till the present Governor may acquaint the H. M. States and West India Company with the particulars, so that due reparation may accordingly be made.


" II. The Commissioners for New Haven complained of several high and hostile injuries which they and others of that jurisdiction have received from and by order of the aforesaid Monsieur Kieft, in Delaware bay and river, and on their return thence, as by their former propositions and complaints may more fully appear ; and besides the Eng- lish right claimed, by patent, presented and showed several purchases they have made on both sides of the river and bay of Delaware, of several large tracts of land unto and somewhat above the Dutch house or fort there, with the consideration given to the said sachems and their com- panies for the same, acknowledged and cleared by the hands of the Indians, who, they affirm, were the true proprietors, testified by many witnesses ; they also affirmed that according to their apprehensions they have sustained one thousand pounds damages, partly by the Swedish Gov- ernor, but chiefly by order from Monsieur Kieft, and there- fore required due satisfaction and a peaceable possession of the aforesaid lands, to enjoy and improve according to their just right. The Dutch Governor, by way of answer, affirmed and asserted the right and title to Delaware, or the South River, as they call it, and to the lands there, as belonging to the H. M. States, West India Com- pany, and professed he must protest against any other claim ; but is not prepared to make any such proofs as in


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such a treaty might be expected ; nor had he commission CHAP to treat or conclude anything therein ; upon consideration IX. whereof, We, the said arbitrators or delegates, wanting 1650. sufficient light to issue and determine anything in the premises, are necessitated to leave both parties in statu quo prius, to plead and improve their just interests at Delaware for planting or trading as they shall see cause ; only we desire that all proceedings there, as in other places, may be carried on in love and peace till the right may be further considered, and justly issued, either in Europe or here, by the two states of England and Holland.


"III. Concerning the seizing of Mr. Westerhouse's ship and goods, about three years since, in New Haven' harbor, upon a claim to the place, the Honored Governor, Peter Stuyvesant, Esq., professing that which passed in writing that way was through the error of his secretary, his intent not being to lay any claim to the place, and withal affirm- ing that he had order to seize any Dutch ship, or vessel, in any of the English colonies or harbors, which should trade there without express license or commission; We, there- fore, think it meet that the Commissioners of New Haven accept and acquiesce in this answer.


" Concerning the Bounds and Limits betwixt the English United Colonies and the Dutch province of New Nether- land, We agree and determine as followeth :-


" Firstly, That upon Long Island a line run from the westernmost part of Oyster Bay, so, and in a straight and direct line, to the sea, shall be the bounds betwixt the English and Dutch there; the easterly part to belong to the English, the westernmost part to the Dutch.


"Secondly, The bounds upon the main to begin at the west side of Greenwich Bay, being about four miles from Stamford, and so to run a northerly line twenty miles up into the country, and after as it shall be agreed by the two governments, of the Dutch and of New Haven, provided the said line come not within ten miles of Hudson River ; and it is agreed that the Dutch shall not at any time here- after build any house or habitation within six miles of the said line. The inhabitants of Greenwich to remain, till


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BOOK 1V. further consideration thereof be had, under the govern- ment of the Dutch.


1650. " Thirdly, That the Dutch shall hold and enjoy all the lands in Hartford that they are actually possessed of, known or set out by certain marks and bounds, and all the remainder of the said land on both sides Conecticott River to be and remain to the English there.


" And it is agreed that the aforesaid bounds and limits, both upon the Island and Main, shall be observed and kept inviolate both by the English of the United Colonies, and all the nation, without any encroachment or molestation, until a full and final determination be agreed upon in Europe, by the mutual consent of the two states of England and Holland.


"Concerning fugitives, it is agreed that the same way and course shall be observed betwixt the English of the United Colonies and the Dutch within the province of New Netherland, as according to the 8th article of Con- federation is in that case provided.1


"Concerning the proposition of a nearer union of friend- ship and amity betwixt the English and Dutch nation in these parts, especially against a common enemy, we judge [it] worthy of due and serious consideration by the several jurisdictions of the United Colonies, and accordingly desire it may be commended to them, that so a resolution may be had therein at the next yearly meeting of the Commis- sioners.


1 Eighth Art. (extract :) " It is also agreed, that if any servant run away from his master into any other of these Confederated Jurisdictions, that in such case, upon the certificate of one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof, the said servant shall be delivered either to his master, or any other that pursues and brings such certificate or proof. And that upon the escape of any prisoner whatsoever, or fugitive for any crimi- nal cause, whether breaking prison, or getting from the officer, or otherwise escaping, upon the certificate of two magistrates of the jurisdiction out of which the escape is made, that he was a prisoner, or such an offender at the time of the escape, the magistrates or some of them of that jurisdiction, where for the present, the said prisoner or fugitive abideth, shall forthwith grant such a war- rant as the case will bear for the apprehending of any such person, and the de- livery of him unto the hands of the officer, or other person who pursues him. And if there be help required for the safe returning of any such offender, then it shall be granted to him that craves the same, he paying the charges thereof." Hazard's State Papers, ii., 5.


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" And in testimony of our joynt consent to the several CHAP. foregoing conclusions, we have hereunto set our hands IX. this 19th day of September, Anno Dom. 1650. 1650.


" SYMON BRADSTREET, THOMAS WILLETT,


" THOMAS PRINCE, GEORGE BAXTER."


The moment this award was delivered, the commis- sioners, who had, until now, declared that the act exclud- ing the Dutch from the Indian trade within the United Colonies would be reconsidered " and probably repealed," redeemed the professions they had made, by immediately extending its provisions. The liberty of seizing foreign vessels pursuing that trade had been, as yet, confined "to the members of that jurisdiction where the offence is com- mitted." Now any person inhabiting any of the United Colonies was authorized to seize any vessels trading with the Indians, together with their cargoes, within any of the New England jurisdictions.


In the further hope of concluding a league offensive and defensive against the Indians, Director Stuyvesant tarried some time longer on the Connecticut. In view of the fact that the English were far more numerous than the Dutch, he proposed that the former should bring into the field, when occasion required, at least twice more troops than the latter. The commissioners replied, that in that case they should have a double vote in the declaration of war or concluding of peace. As the States General and Directors might imagine such an arrangement as this dis- honorable, the further consideration of the subject was deferred until the opinion of the respective governments in Europe should be known. Director Stuyvesant was strongly in favor of such a treaty. It was, in his opinion, a highly desirable arrangement, and afforded the only means to check the insolence of the Mohawks, and to restrain the other Indian tribes. But as his efforts to bring it about were unsuccessful, he returned, and wrote to Oct. 12. Holland, giving in general terms an account of the result Nov.26. of the negotiation. Singular to say, he omitted forward-


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BOOK IV. ing, with his letters, a copy of the treaty which he had so recently concluded.1


1650.


The Director-general's arrival at New Amsterdam was the signal for another outburst of popular clamor. The course he pursued in selecting Englishmen as his associates and counsellors in his visit to the East, could not fail to produce dissatisfaction among the influential portion of his own countrymen. It was an insult to them and their nation to have slighted them on such an occasion. It was a slur on their capacity, a reflection on their trustworthi- ness, and an admission of their inferiority as a class which it was impolitic, in such a position, to have made, whatever might have otherwise been his private feelings. Additional complaints were, therefore, forwarded to Holland, in which the Director-general was accused of having surrendered as much territory as might have formed fifty colonies, each four miles square ; of having sold cannon and ammu- nition to the Indians ; of having ceased to consult the Vice Director and Attorney-general, and retained their salaries; of having, as his advisers, an Englishman unacquainted with the Dutch language, and a Frenchman who owed ten thousand guilders to the Company ; all against the will of the commonalty, " who, as freemen, were not the subjects of any military government." In the "Order" of the 11th of April, it was directed that the Nine Men should be continued until other arrangement could be made. But a rule right contrary was adopted. The Nine Men were considered " no better than ciphers, and were regarded as a mockery." According to their instructions, they pro- posed the names of twelve persons, that six might be selected from the list to fill the vacancies caused by the retiring members. But the Director-general refused to


1 MS. Letters in Stuyvesant's time, 10-13 ; Alb. Rec. iv., 14, 15, 28, 32 ; Hol. Doc. v., 217 ; vi., 238; vii., 48-101 ; Hazard's State Papers, ii., 101-105, 114, 116, 132-135, 154-173, 216; New York Hist. Soc. Coll. i., 202-237 ; Trumbull's Conn. i., 175, 178, 179, 181, 182, 189-193; Hubbard, 437, 438; In April and September, 1655, five years after the conclusion of the Hartford treaty, the Directors express their surprise, that they had never been furnished with a copy of that document, and their apprehensions that discussions only had passed instead of a contract. Alb. Rec. iv., 177, 198.


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make the nomination on the ground that the board had CHAP. exceeded its powers. This body, fearing that it would ~ IX. be extinguished, like its predecessors, addressed, there- 1650. upon, another petition to the States General against " the grievous and unsuitable government" placed over them, and prayed for the redress of the utterly decayed con- dition of the country conformably to the recommendations of their High Mightinesses' deputies, " so that we may live as happy as our neighbors." They further represented, that the term of their office was about to expire, but that the Director had declared he would not appoint any other select men. They would not, therefore, dare to assemble again in a body, nor transact any further public business, " dreading unjustifiable prosecutions," "for we can already discern the smart thereof from afar." A vast quantity of letters and other corroborating documents accompanied this petition, and all were forwarded to Van der Donck, who still remained at the Hague as the agent of the colo- nists.1


Meanwhile, Melyn-Stuyvesant's evil genius-arrived Dec. 19. at the Manhattans. His voyage was protracted and boister- ous, and water falling short and " the last biscuit" having been divided among the passengers, the captain was obliged to put into Rhode Island to refit, and to replenish his sup- plies. The Director-general, who still entertained a strong prejudice against the Patroon of Staten Island, laid hold of this circumstance as a pretext to seize the ship and cargo, and caused the usual legal proceedings to be instituted against Melyn as owner of both. But as this connection could not be proved, the action fell through. The prose- cution was then instituted against the skipper ; and both cargo and vessel were finally, though unjustly, confiscated, for violation of the Company's regulations in having broke bulk previous to arriving at New Amsterdam.ª Melyn,


1 Hol. Doc. vi., 4, 12-17, 25-70.


2 The N. N. Fortune was sold to Thomas Willett of New Plymouth, who sent her on a trading voyage to Holland by way of Virginia. She was replevined by Van der Capellen and his associates, whom the Company was obliged to in- demnify, after a long and tedious law-suit, for the damages they sustained.


Dec. 22.


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BOOK hereupon, passed over to his colonie, "for the greater IV. security" of which Van Dinclage had already purchased 1650. from the Raritan savages, in the beginning of August, on account of Baron Van der Capellen, the lands lying west of Staten Island and south of the North River bay.1 Here he was busy in making preparations for the establishment of the newly arrived colonists, when Stuyvesant summoned him before him on some fresh charge. Melyn, dreading his anger, failed to obey. The Director-general hereupon seized, " by an unparalleled stratagem," and sold a house and lot belonging to him on Manhattan island. Melyn could now no longer visit New Amsterdam, yet dreading a descent from the Director-general, he fortified himself on Staten Island, where he had established a colonie govern- ment and a local court, though the settlement contained, it is represented, not half a dozen families. He is further charged with having kept in his interest-which, however, is highly improbable-one hundred and seventeen savages " from the Raritan and the South River," among whom he distributed arms and ammunition; and with having so stirred up, against Director Stuyvesant, some other tribes living at Nyack, that the Council resolved that his Honor should not go abroad, unless with a body-guard of four armed men.2 As a natural consequence of this unhappy state of things, the colonization both of Staten Island and of the country in its rear, was most seriously and most mischievously retarded.


1 This tract was purchased for goods valued at 193 guilders, or about $77. Mr. Whitehead, author of "East Jersey, under the Proprietors," represents the purchase as having been made for Dinclage ; but it was not so. He acted only as agent for Van der Capellen. Alb. Rec. viii., 23.


2 Alb. Rec. viii., 1, 2, 5, 6, 7, 64-66 ; Hol. Doc. vi., 42; vii., 32. Stuyvesant's body-guard of " Halberdiers," is referred to in Hol. Doc. vi., 263. The Rev. Mr. Grasmeer states, that they were employed during his residence, and is con- fident they are so still. (1652.)


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CHAPTER X.


Van Slechtenhorst extends the limits of Rensselaerswyck-Purchases Katskill, Claverack, &c .- Van Twiller claims the monopoly of the North River-The Company determined to resist his pretensions-Slechtenhorst grants leases in Katskill-Stuyvesant protests-Remonstrance from Rensselaerswyck-School and schoolmaster-Indian alarm-Deputation to the Mohawks-The people of New Haven fit out an expedition to the Delaware-Stuyvesant's proceed- ings thereupon-Condition of the Dutch on the South River-Swedish oppo- sition-Complaints of the Dutch settlers-Stuyvesant visits the Delaware- Negotiations with the Swedish Governor and Indians-Fort Nassau razed- Fort Casimir erected-Printz protests-Agreement between him and Stuyve- sant-Further proceedings of the people of New Haven-Its jurisdiction ex- tended to English plantations on the Delaware-Van der Donck harasses Van Tienhoven-The latter seduces a girl in Amsterdam-Fined-Summoned to the Hague-Receives further favors from the Directors at Amsterdam- Returns to New Netherland-Prosecuted by the mantua-maker's daughter- Further clamors of the popular party-Public discontent continues-Com- plaints against the Director-general-Van Dinclage expelled the Council and imprisoned-Sad state of things-Gravesend and Heemstede vote addresses to the Amsterdam Chamber, approbatory of Stuyvesant's administration.


REMOVED from the contentions which were distracting CHAP. x. the capital of New Netherland, Commander Van Slechten- horst was, all this while, actively extending the limits of 1649. Rensselaerswyck, by the purchase of the Mohegan lands to the south of that colonie. On the 4th of September, 1648, he had acquired for the Patroon the tract called Paponicuck, in exchange for some thirty ells of duffels and a few handfuls of powder,1 and this spring purchased April19. Katskill? and Claverack. On the other side of the Atlantic, May 27.




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