USA > New York > New York City > History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. II > Part 34
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* Smith's History of New York, Vol. 1., pp. 20-26.
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the South River forty years, and the Fresh Water River about thirty-six years.
" Touching the second subject of your letter, (viz. his majestie hath commanded me, in his name, to require a surrender of all such forts, towns, or places of strength, which now are possessed by the Dutch under your command.) We shall answer, that we are so confident of the discretion and equity of his majestie of Great Britain, that in case liis majestie were informed of the truth, which is, that the Dutch came not into these provinces, by any violence, but by virtue of commissions from my lords, the States General, first of all in the years 1614, 1615, and 1616, up the North River, near Fort Orange, where, to hinder the invasions and massacres, com- monly committed by the savages, they built a little fort ; and after, in the year 1622, and even to this present time, by virtue of com-' mission and grant, to the governours of the West India Company; and moreover, in the year 1656, a grant to the honourable the bur- gomasters of Amsterdam, of the South River; insomuch, that by virtue of the above said commissions from the high and mighty States General, given to the persons interested as aforesaid, and others, these provinces have been governed, and consequently en- joyed, as also in regard of their first discovery, uninterrupted pos- sessions, and purchase of the lands of the princes, natives of the country, and other private persons (though Gentiles,) we make no doubt that if his said majestie of Great Britain were well informed of these passages, he would be too judicious to grant such an order, principally in a time when there is so straight a friendship and con- federacy, between our said lords and superiours, to trouble us in the demanding and summons of the places and fortresses, which were put into our hands, with orders to maintain them, in the name of the said lords, the States General, as was made appear to your deputies, under the names and seal of the said high and mighty States General, dated July 28, 1646. Besides what had been men- tioned, there is little probability that his said majestic of England (in regard the articles of peace are printed, and were recommended'
. to us to observe seriously and exactly, by a letter written to us by our said lords, the States General, and to cause them to be observed religiously in this country) would give order touching so dangerous a design, being also apparent, that none other than my said lords, the States General, have any right to these provinces, and conse- quently, ought to command and maintain their subjects ; and in their absence, we, the governour-general, are obliged to maintain their rights, and to repel and take revenge of all threatenings, unjust attempts, or any force whatsoever, that shall be committed against their faithful subjects and inhabitants, it being a very considerable thing, to affront so mighty a state, although it were not against an ally and confederate. Consequently, if his said majestie (as it is
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fit) were well informed of all that could be spoken upon this subject, he would not approve of what expressions were made in your let- ter ; which are, that you are commanded by his majestic, to demand in his name, such places and fortresses as are in the possession of the Dutch under my government ; which, as it appears by my com- mission before mentioned, was given me by my lords, the high and mighty States General. And there is less ground in the express de- mand of my government, since all the world knows, that about three years agone, some English frigotts being on the coast of Africa, upon a pretended commission, they did demand certain places un- der the government of our said lords, the States General, as Cape Vert, river of Cambo, and all other places in Guyny, to them be- longing. Upon which, our said lords, the States General, by virtue of the articles of peace, having made appear the said attempt to his majestie of England, they received a favourable answer, his said majestic disallowing all such acts of hostility as might have been done, and besides, gave order that restitution should be made to the East India Company, of whatsoever had been pillaged in the said river of Gambo; and likewise restored to them. their trade, which makes us think it necessary that a more express order should appear unto us, as. a sufficient warrant for us, towards my lords, the high and mighty States General, since by virtue of our said com- mission, we do in these provinces, represent them, as belonging to them, and not to the king of Great Britain, except his said majes- tie, upon better grounds, make it appear to our said lords, the States General, against which they may defend themselves as they shall think fit.
" To conclude : we cannot but declare unto you, though the governours and commissioners. of his majestie have divers times quarrelled with us about the bounds of the jurisdiction of the high and mighty the States General, in these parts, yet they never ques- tioned their jurisdiction itself; on the contrary, in the year 1650, at Hartford, and the last year at Boston, they treated with us upon this subject, which is a sufficient proof that his majestie hath never been well informed of the equity of our cause, insomuch as we can- not imagine, in regard of the articles of peace between the crown of England and the States General, (under whom there are so many subjects in America as well as Europe,) that his said majestie of Great Britain would give a commission to molest and endamage the subjects of my said lords, the States General, especially such, as ever since fifty, forty, and the latest thirty-six years, have quietly enjoyed their lands, countries, forts, and inheritances ; and less, that his subjects would attempt any acts of hostility or violence against them : and in case that you will act by force of arms, we protest and declare, in the name of our said lords, the States Gene- ral, before God and men, that you will act an unjust violence, and
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a breach of the articles of peace, so solemnly sworn, agreed upon, and ratified by his majestie of England, and my lords, the States general, and the rather, for that to prevent the shedding of blood, in the month of February last, we treated with Captain John Scott, (who reported he had a commission from his said majestie,) touch- ing the limits of Long Island, and concluded for the space of a year; that in the mean time, the business might be treated on between the king of Great Britain and my lords, the high and mighty States General: and again, at present, for the hindrance and prevention of all differences, and the spilling of innocent blood, not only in these parts, but also in Europe, we offer unto you, a treaty by our deputies, Mr. Cornelius Van Ruyven, secretary and receiver of New Holland, Cornelius Steinwick, burgomaster, Mr. Samuel Megapolensis, doctor of physick, and Mr. James Cousseau, here- tofore sheriff. As touching the threats in your conclusion, we have nothing to answer, only that we fear nothing but what God (who is as just as merciful,) shall lay upon us ; all things being in his gra- cious disposal, and we may as well be preserved by him with small forces as by a great army, which makes us to wish you all happi- ness and prosperity, and recommend you to his protection. My lords, your thrice humble and affectionate servant and friend, signed P. Stuyvesant .- At the fort at Amsterdam, the second of . September, new style, 1664."
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APPENDIX K .- Vol. I., p. 116.
IN January, 1664, the States General give notice to all who, forgetful of the treaty of 1650, have put themselves under the English government, that, under pain of the high displeasure of the states, they shall submit and take the oaths to the Dutch authorities .*
In 1662, October 13th, Governour Stuyvesant wrote thus to the honourable deputy-governour and court of magistrates, at Hart- ford :--
" Honoured and worthy sirs .- By this occasion of my brother- in-law's being necessitated to make a second voyage for ayd his distressed sister, Judith Varlott, imprisoned, as we are informed, upon pretend accusation off wychery, we realey believe, and out her well known education, life, conversation, and profession of faith, we dare assure that she is innocent of such a horrible crimen, and
. See manuscript in secretary of state's office, Hartford.
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wherefor I doubt not he will now, as formerly, finde your honour's favour and ayde for the innocent. I kan not omit to acquaint you (which should have been done sooner if my absence had not hin- dered it,) that one John Jonge, whether upon your orders, as he pretend, I doubt had undertaken, as by his seditious letters may appear, to divert and revoce the English towns in this province under the protection of the high and mighty lords, the Estaats Gene- ral of the United Belgic Provences, and in the jurisdiction of the right honourable lords of the West India Compagnie, settled of their oath and due obedience unto us, their lawful governour, which his unlawful proceedings amongst the silly and common people, with- out any acknowledgment or addresses unto us, as governour of this province-if you will owne as we do not hope you may-take no- tice that it is a absolute breatch and a nullification of the argreement about the limits, A. D. 1650, made at Hardfort, between the honourable commissioners of New England, and us, as governour- generall of this province, and that, by that means the aforementioned · high and mighty lords Estaats General, and right honourable lords of the West India Company ware given just grounds and reason to demand, and by such means as in wisdom shall thinke meete, to recover al that tract of land between Greenwich and the Fresh River, so longh unjustly as it now doth appear, without any patent or commission, possessed and detayned from the aforementioned first possessors and owners, as it appears by the monuments of the howse, the hope by commission of the aforesaid lords, built and without molestation upon the Fresh or Connecticut River, possessed many years before any of the English nations did come there, but confyding and trusting most for the words and promises of the honourable Governour Winthrop as he did depart from hence, we shall with more discretion expect his desired arival, and leave the matters to our superiours in Europe, and shall after my respects and love presented, expect with the bearer your categorical answer, over and about the aforementioned John Jonge's seditious doings . and writings.
" Remaining in the mayne, " Your loving friend and neighbour, " P. STUYVESANT. " N. Amsterdam in Netherlandt, the 13th of Or., 1662."
The journal of the Dutch commissioners, Cornelius Van Ruy- ven, Burgomaster Van Cortlandt, and Mr. John Lawrence, of the city of New Amsterdam, October, 1663, to Hartford, having been published in Hazard, and various other collections, I will only give an abstract of the voyage and proceedings.
The first thing that strikes the reader of the present day, is the clumsy and tedious travelling. On the second day of the voyage,
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they cast anchor within sight of Stratford Point. By rowing and luffing, on the third day they landed at Milford, where they left their yacht under care of Mr. Treat, in case any privateers should attack her. Here they procured horses, and arrived that evening at New Haven. On the fourth day, they reached Hartford, where the governour and court being assembled, to lose no time, they that day delivered their letter, and the court provided a room for them with the marshal. On the next day, October 19th, they called on Mr. John Winthrop, and obtained his promise that he would re- move all misunderstandings, etc. They then addressed the com- mittee who were appointed to consider of their business, begging a categorical answer. A time was appointed, and they were disap- pointed, but invited to dine at the Town-hall ; accepted the invita- tion, and after dinner, pressed their business, and were required to state briefly the demand-which was to know whether the colony held to the limits settled in 1650; if not, that they would appoint persons to treat :- finally, if that matters should be referred to their superiors in Europe, whether in the mean time matters should remain as settled in 1650. The whole afternoon was spent without effect- ing any thing. The New England gentlemen offered to refer the matter to Europe provided, meantime, the English towns on Long Island and Westchester should be under the government of Connec- ticut. Mr. Allen said that the English towns on Long Island would no longer remain under the Dutch government, and if the Dutch attempted to force them, they were resolved to defend themselves ; he therefore advised the relinquishment by the Dutch until the mat- ter was settled in Europe. The Dutch deputies said it would never be allowed, and that Connecticut caused this disposition in said towns by prompting them. They argued the matter pro and con, while it was already determined in England to seize the whole. They parted in the evening to resume the fruitless debate next morning. Finally, the Connecticut gentlemen told the Dutchmen that the towns must remain, as they had chosen, under English jurisdiction, and that if attacked, Connecticut would defend them. The Dutch deputies pleaded right and possession in vain : they talked till dinner time, were again invited, and again dined with the governour, to whom they complained after dinner, with the same effect, and were promised a written answer to the letter brought. The next, 21st, being Sunday, is passed at church, and in the eve- ning with the governour, supping and talking. The 22d and 23d, no written answer, but the debate continued : the English said the . towns were included in his majesty's patent. The Dutch deputies said the patent spoke of bounds in New England, and not in New Netherland. The reply was, "we know of no New Netherland." The debate continued until noon, which being dinner time, it was adjourned till that affair was over. Finally, say the Dutch deputies,
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the unreasonable articles were delivered to them, to wit : that West- chester and all lands between that and "Stanford" shall belong to Connecticut, and she will forbear exercising any authority over Hempstead, Jamaica, etc., until the case be further considered, provided the Dutch will forbear to coerce the towns of Long Island. 'These.articles being objected to, the. Dutch deputies,' to concede something, propose that Westchester and the settlements to Stan- ford, shall remain under the dominion of Connecticut, until the · limits were fixed by reference; but in the meantime, the Long Island towns "shall absolutely abide the government of New Netherland." Having delivered this proposal, they were answered, that the Long Island townships would not continue under the Dutch ; that they knew no New Netherland province but a Dutch government over a Dutch plantation on the Manhattans; that Long Island was included in their patent, and they would possess and maintain it.
· After further useless-talk, an answer was asked to the letter, as the Dutch deputies wished to depart on the morrow. The letter was brought in the evening with this superscription-" To the Honourable Peter Stuyvesant, Director-General, at the Manados." It was objected that the direction ought to be to the Director- General of New Netherland. It was answered, that it was at their option to receive it or not.
On the 24th the deputies departed from Hartford, and arrived at Manhattan on the evening of the 26th.
While Connecticut and New Netherland were disputing which should have Westchester and the towns on Long Island, the royal Duke had appropriated all the territory in question to himself; and his royal brother was fitting out an armament to give him posses- sion of all the Dutch province, and the part Holland had resigned to her English neighbours. 165S
It appears by the researches of Silas Wood, Esq., that at this time the custom of most towns of Long Island, was to pay for public services in produce, and probably barter was common in trade. Hempstead paid the herdsman twelve shillings stirling, in butter, corn, wheat and oats. Six bushels of corn was given for killing a wolf. East Hampton agreed to pay Thomas James, their minister, sixty pounds a year, " in such pay as men raise, as it passes from man to man." Jamaica gave Zachariah Walker, their minister, sixty pounds, in wheat and corn, at fixed prices. Gravesend gave their herdsman and assistant 600 guilders in " bacon and corn." Newtown paid her minister by a capitation of forty shillings a head, " half in corn, and half in cattle." The town court of Jamaica, gave damages in favour of a plaintiff, of twelve and a half bushels of wheat. Mr. Wood says, " the prac- tice of paying in produce continued until about 1700."
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1659 'The chief sachem of the Montauks presented to Lyon Gardiner, the proprietor of Gardiner's Island, a deed for that territory, which is now (1839) Smithtown ; in' token of gra- titude for having ransomed his daughter from the hostile Narragan- setts. In 1659, and on to 1661, the dispute respecting the line between the Dutch and English on Long Island, though once agreed upon, was a subject of controversy.
1660 Bushwick settled. Mr. Wood has given the names of the tribes of Indians of Long Island when first settled. Their villages were on the bays, creeks and harbours, for the faci- lity of taking fish, and large beds of shells mark to this day the scites of their wigwams. In New Jersey the same may be re- . marked ; and Perth Amboy has many such mounds of oyster and clam shells now covered by the soil of many years.
The east end of Long Island has marks of a greater Indian population than any other part, and the Montauks have left their name to posterity at the extremity of Suffolk county, on the point and light-house which terminates the Island. A few families of the aborigines exist at this time, (1839) poor, degraded, squalid- and some few young men become sailors, and mingle with the crews of the whalers from Sagg Harbour.
In 1660, the commissioners of the United Colonies, ordered the people of East Hampton to protect the Montauks from the Narragansetts ; and in case the latter came within six miles of the town, to remove them peaceably ; but if they pursued the Mon- tauks to the English houses, or within two miles of any town, the
English were authorized to attack the aggressors. 1663
Smithtown, Long Island, settled. This land had been presented to Lyon Gardiner by Wyandance, chief sachem of the Moutauks, in gratitude for having ransomed his daughter from the Narragansetts. Lyon Gardiner was a Scotchman, and had served as a lieutenant in the British army in the low countries : he came to this country in 1635, and erected a fort at Saybrook, under Lord Say and Seal, and commanded the garrison. In 1639, having pur- chased the island bearing his name from the Indians, and had the . purchase confirmed by the European proprietors, (so called) he removed thither. His son David, born at Saybrook, is supposed to be the first white child born in Connecticut. Elizabeth the daughter of Lyon Gardiner, born on Gardiner's Island, September 14th, 1641, was probably the first English child born within the territory of New York. Gardiner's Island in 1663, (when Lyon 'Gardiner died) was appraised at £700 : and in 1824 it payed one sixth of the taxes of East Hampton. It continues entire in the family, and belonged in 1824 to David Gardiner, the eldest son
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of the late John Lyon Gardiner, Esq., the eighth lineal descendant from Lyon Gardiner .*
Southampton had been received into the government of New Haven, September 7th, 1643; and in September 1651, I find Southampton complaining to Connecticut against the Dutch for selling guns, powder, and lead, to the Indians.
In 1644, the commissioners for the United Colonies gave per- mission to Connecticut to receive Southampton, on Long Island, into its jurisdiction.
In September, 1657, New Haven had permission to receive Oyster Bay and Huntington, on Long Island, into its jurisdiction.
In September, 1660, " liberty is granted to the jurisdiction of Connecticut to take Huntington and Sataucket, two English plan- tations on Long Island, into their government," by the commis- sioners met at New Haven : and at the same time the Montauk Indians having petitioned for protection from the Narragansetts, the commissioners ordered, that if the Narragansetts came within six miles of any of the English towns under their jurisdiction, the English might remove them ; and if the said Indians invade the Montauks, contrary to the order of the commissioners, and the Montauks retreat to the English houses or within two miles of any English towns, viz; Easthampton or Southampton, they may be re- sisted by the English inhabitants there.
At a session of the General Assembly of Connecticut, at Hart- ford, March 10, 1663, it was voted that Mr. Wyllys and Mr. Matthew Allyn go over to Long Island to settle the government on the west end of the Island, " according to the agreement at Hempstead in February last." They are desired to take the assistance of the commissioners in those towns for regulating any disturb-
1664 ances. And in 1664 the same assembly resolved that, "whereas his majesty hath been graciously pleased to con- firm unto this colony, by charter, all that part of his dominion in New England, bounded, as in the said charter is expressed, with the Islands," therefore they claim Long Island.
March 1st, a meeting was held at Hempstead, to settle the limits of Flushing, Jamaica, and Hempstead. A committee was ap- pointed of 1 from East Hampton, 4 from Southton, 4 from Sawta- cott or Brookhaven, Gravesend, Westchester, Oyster Bay, and Huntington.
A minister was settled at Newtown before 1664, his name Moore.
John Scott imposes on the people of Sawtacott with an instru- ment called a perpetuity-ordered to appear before the court of
* S. Wood.
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assizes at New York, by Nicolls, and, his agreements with the people made void.
Captain John Underhill appointed high constable and under sheriff of the North Riding of Yorkshire, on Long Island, March 18th, by Nicolls. .
First commission as justice of peace, given by Nicolls to Daniel Denton, of Jamaica. March 16th, other civil officers appointed. John Hicks, of Hempstead, Jonas Wood, of Huntington, and James Hubbard, of Gravesend, justices.' William Wells appoint- ed high sheriff of all the ridings of Yorkshire, on Long Island ; he , - lived at Southold, in the East Riding.
In 1664, the commissioners advise that New Haven and Con- ", necticut be united as one colony ; and in 1667, I find them united- as at the meeting of commissioners at Hartford, 5th September, 1667, " now appearing for the colonies of New Haven, Mr. Wil- liam Leete and Mr. Samuel Willis, commissioners above said, for Connecticut, declared that the colonies of Connecticut and New Haven were entered into one."
Berkley and Cartaret assured to the settlers of New Jersey, that the province should be ruled by laws enacted by the representatives of the people who had the power of peace and war entrusted to them. No tax, custom, subsidy, tallage, assessment or duty what- ever is to be imposed, except by the authority and consent of the general assembly. No person to be in any way molested for any difference in opinion or practice in matters concerning religion, unless he disturb the peace of the province : any law, custom or statute of England to the contrary notwithstanding. They the settlers, had assurance that they were exempted from the jurisdic- tion of the English parliament as to taxation or religion. The proprietors reserved the executive power, and the right to affirm or reject laws. Land was allotted according to the time of arrival, and the number of indented servants and slaves ; the settler paid a half penny per acre quit rent, and was bound to maintain one able bodied male servant per one hundred acres. The code was called . " The Laws of the Concessions," and regarded as the charter. Philip Cartaret, the first governour added, that the settlers should be obliged to purchase the land so alloted to them, from the In- dians. And some years after the proprietors ordered the Indian lands to be purchased by the governour and council, which were re-purchased at the same rate by the settlers .*
When Richard Nicolls, the duke's governour, convened an as- sembly from the towns of Long Island, and Westchester to meet at Hempstead, March 1st, 1665, there appeared the following de-
* Scott, Smith, Chalmers.
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puties. From New Utrecht, Jaques Cortelleau and Younges Hope. From Gravesend, James Hubbard and John Browne. From Flatlands, Elbert Elbertson and Roloffe Martens. From Flatbush, John Striker and Hendrick Gucksen. From Bushwick, John Stealman and Gilbert Tunis. From Brooklyn, Hendrick Lub- bertzen and John Evertsen. From Newtown, Richard Betts and John Coe. From Flushing, Elias Doughty and Richard Cornhill. From Jamaica, Daniel Denton and 'Thomas Bennedict. From Hempstead, John Hicks and Robert Jackson. From Oys- ter Bay, John Underhill and Matthias Harvey. From Hunting- ton, Jonas Wood and John Ketcham. From Brookhaven, Daniel Lane and Roger Barton. From Southold, William Wells and John Young. From South Hampton, Thomas Topping and John Howell. From East Hampton Thomas Baker and John Stratton. From Westchester, Edward Jessup and - - Quinnby.
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