USA > New York > New York City > History of the city of New York > Part 11
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This artful proclamation being followed by vigorous measures to recruit forces in the country, and a final order to the admiral having command of the squadron, to weigh anchor and bring his ships before the city, satisfied Stuy- . vesant that to delay the surrender would be a useless waste
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CAPITULATION TO THE ENGLISH.
of time. He chose, however, on the 25th of August, to send a delegation to the English, with a letter, in which he states that, although he had made up his mind to stand the storm, yet to prevent the spilling of blood he had sent several of his friends to consult, if possible, upon an ac- commodation. But the English refused to treat upon any other proposition than a surrender; and on the following day commissioners met at Governor Stuyvesant's mansion, in the Bowery, where the terms of capitulation were agreed upon.
By these articles the Dutch inhabitants were confirmed in their property and liberty. If any chose to leave the country, they were permitted to do so. The ships of the Dutch merchants were permitted to trade with the Neth- erlands; the people were to be allowed liberty of con- science in religious matters ; they were exempted from impressment to serve in war against any nation whatso- ever; their customs of inheritance were to be sustained; they were allowed to choose inferior officers and magis- trates, together with other privileges of a liberal char- acter.
Colonel Richard Nichols then took possession of the government, for which he bore a commission from the Duke of York. The peaceful submission of the population to the change of government was so manifest, that he felt himself justified, within a few days, in discharging the greater part of the forces with which he entered the har- bor; he, however, had previously disarmed the population of the town. His measures were well calculated to conciliate the minds of the people; and although there were some outbreaks in the town, no attempt was made to instigate a rising of the population against the new government.
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SUBMISSION TO THE NEW GOVERNMENT.
A sufficient illustration of the fact that the change of government was not unacceptable to the Dutch population of this city, is furnished in the following petition of the city magistracy, (being the same persons who had been in office before the surrender,) written on 22d November, 1664, within three months after the capitulation, asking for additional privileges to the city:
" To his Royal Highness the Duke of York, by the grace of God, our most gracious Lord, greeting :
" It hath pleased God to bring us under your R. H.'s obedience, wherein we promise to conduct ourselves as good subjects are bound to do, deeming ourselves fortunate that his Highness hath provided us with so gentle, wise and intelligent a gentleman for Governor as the Hon'ble Col. Richard Nichols, confident and assured that under the wings of this valiant gentleman we shall bloom and grow like the cedar on Lebanon, especially because we are assured of His Royal Highness' excellent graciousness and care for his subjects and people.
" The Schout, Burgomasters and Schepens of this City New York on the Island of Manhattan, Your Royal High- ness faithful subjects and humble liegemen, hereby request that his Highness would be pleased to benefit and favor this place with the same rights and privileges that his Majesty our King and most gracious Lord is conferring on all his subjects in England, that is that ships of all nations may come hither and take into England the products of our own Country, and may sail thence back again free and without impost on condition of paying the Kings duty. But inasmuch as this place hath been some years impover- ished by onerous recognitions which we have been here- tofore obliged to pay. We therefore through regard for
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PETITION TO THE DUKE OF YORK.
this our Commonalty and the prosperity of his Highness our most gracious Lord's lands in this Province, and not only for our, your Royal Highness humble loyal subjects eternal praise but also as a general renown for his Royal Highness throughout all Christendom, pray that no more be paid here for five or six years than ships and goods pay which come from other places out of England, or even from England to Boston, or any place in New England, or else go to their own countries, which being so long free of all burdens, or at least paying but few, we doubt not but his Royal Highness will at the close of these years learn with hearty delight the advancement of this Province, even to a place from which your Royal Highness shall come to derive great Revenue, being then peopled with thousands of families and having great trade by sea from New England and other places out of Europe, Africa or America. And in order that every thing may be taken in hand with greater pleasure, zeal and courage, we respect- fully request that all privileges and prerogatives which his Royal Highness may please to grant this place in addi- tion to those inserted and conditioned in the capitulation on the surrender of this place may be made known by letters patent from his Royal Highness, and his Majesty of Great Britain our Lord, not only in the United Provin- ces but also in France, Spain and other Hanse and Eastern places.
"Praying then his Royal Highness to be pleased to take the interest and welfare of this country into serious consideration, and if his Highness would please to vouch- safe to write a letter to us his dutiful subjects, he will oblige us more and more to pray for his Royal Highness
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POLICY OF THE ENGLISH GOVERNOR.
our most gracious Lord, that God the Lord may spare your R. H. in long continued health and prosperity.
" We are and remain your Royal Highness dutiful Sub- jects, Schout, Burgomasters and Schepens.
"By order.
"JOHANNES NEVIUS, Secretary."
While Governor Nichols was scrupulous in recognizing and maintaining the rights and property of the individual inhabitants, in accordance with the terms of the surrender, his measures were stringent, on the other hand, to eradi- cate all vestiges of the former power, by a general confis- cation of the effects of the West India Company. This property, being sold at auction, became distributed among individual purchasers, who thus became personally inter- ested in the stability of the new power. He also issued new patents, or confirmed those formerly issued by the Dutch Governors, for lands throughout the city and country, thus connecting the new government with all the titles to real estate, adjusting apportionments among heirs, and giving the impress of his acts to the validity of heavy interests. The name of the city was changed to that of New York.
Governor Nichols did not interfere with the established magistracy of the city, for several months after the sur- render, but on June 12th, 1665, deeming the period to have arrived when the English forms of municipal government could be introduced without affecting the sensibilities of his Dutch subjects, he issued the following proclamation :
"The governor's revocation of the form of government of New York, under the style of Burgomasters and Schepens.
" By virtue of his Majesty's letters patent, bearing date the 12th day of March, in the 16th year of his Majesty's
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DUTCH FORMS OF MAGISTRACY ERADICATED.
reign, granted to his Royal Highness, James, Duke of York, wherein full and absolute power is given and granted to his Royal Highness, or his deputies, to consti- tute, appoint, revoke and discharge all officers, both civil and military; as also, to alter and change all names and styles, forms and ceremonies of government; to the end that his majesty's royal pleasure may be observed; and for the more orderly establishment of his Majesty's royal authority, as near as may be, agreeable to the laws and customs of his Majesty's realm of England. Upon mature deliberation and advice, I have thought it necessary to revoke and discharge, and by these presents do revoke and discharge the form and ceremony of this his Majesty's town of New York, under the name or names, style or styles, of Schout, Burgomaster and Schepens. And also, for the future administration of justice by the laws estab- lished in these, the territories of his Royal Highness, wherein the welfare of all the inhabitants, and the preser- vation of all their due rights and privileges, granted by the articles of this town upon surrender, under his Majesty's obedience, are concluded, I do further declare that, by a particular commission, such persons shall be authorized to put the laws in execution; in whose abilities, prudence and good affection to his Majesty's service, and the peace and happiness of this government, I have especial reason to put confidence; which persons so constituted and appointed, shall be known and called by the name and style of Mayor, Aldermen and Sheriff, according to the custom of Eng- land, in other of his Majesty's corporations.
" Given under my hand and seal at Fort James, in New York, the 12th day of June, 1665.
" RICHARD NICHOLS."
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ENGLISH FORMS OF MAGISTRACY ESTABLISHED.
The first commission issued under this form of magis- tracy, bears date on the same day, (12th June, 1665) and ordains " that the inhabitants of New York, New Harlem, with all other his Majesty's subjects and inhabitants upon this island, commonly called and known by the name of Manhattan Island, are and shall forever be accounted, nominated and established as one body politic and corpo- rate, under the government of the Mayor, Aldermen and Sheriff," and appoints, for one whole year, commencing from the date thereof, certain persons as such magistrates; " giving and granting unto them, or any four of them, of whom the Mayor or his deputy to be always one, and upon equal division of voices, to have always the casting and decisive voice, full power to rule and govern, as well all the inhabitants of this corporation, as any strangers, according to the general laws of this government, and such peculiar laws as are, or shall be thought convenient and necessary for the good and welfare of this his majesty's corporation ; and also to appoint such under officers, as they shall judge necessary, for the orderly execution of justice," enjoining all persons to obey their lawful orders.
This was a more specific grant of powers than had hitherto been vested in the town magistrates, and has been called Nichols' Charter. The bench of civic functionaries received the fostering care of the Duke of York, and assumed many of the forms and ceremonies of municipal corporations in England. In the year 1670, the Duke sent the members seven gowns, to be worn on state occasions, and a mace, to be carried by a mace-bearer at the head of their processions. A seal of the city was also presented to the corporation at the same time. A city
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PREPARATIONS FOR DEFENCE AGAINST THE DUTCH.
livery was worn by beadles and other subordinate officers of the city, the colors being blue, tipped with orange.
It was at this time that jury trials were first established in this city.
The administration of Colonel Nichols was, in the main, peaceful, and undisturbed by any events of importance. In the year following the capture of the city, (viz., in 1665) war having broken out between the states of Holland and England, it was expected in this city that some attempt would be made by the government of the Dutch "father- land" to recover the territory of New Netherland; and the rumor that one of the famous Dutch admirals, De Ruyter, had actually set sail with a large squadron for this place, caused great commotion in the city, and revived amongst a portion of the population, the national spirit, which had been permitted to slumber for some time pre- vious. Colonel Nichols made vigorous preparations for the enemy, and determined to repair and extend the old city fortifications, and to place them in defensible condi- tion. For the purpose of observing the tone of the public mind amongst his Dutch subjects, he called a public meet- ing, and inquired what the people were willing to do toward repairing the works. The general feeling, how- ever, was rather in favor of permitting events to take their own course, and of leaving the great powers to pursue the contest on their own resources. A majority of the citizens excused themselves from an active partici- pation in the quarrel, some saying they thought the place strong enough; others that they could not work unless their arms were restored to them. Some of the leading citizens were, however, disposed to assist the English governor, in his preparations for defence; and among
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GOVERNOR LOVELACE.
these none was more distinguished than Cornelius Steen- wyck, a wealthy Dutch merchant. The Dutch fleet, however, being otherwise engaged, failed to make its appearance before this town, and the rupture between the European powers, was soon after temporarily healed.
Colonel Nichols, after governing the province about four years, prepared for his departure, having solicited and obtained his recall. His administration had proved as popular among the inhabitants as, from the circumstan- ces, could have been anticipated. The stringent measures which his position had demanded in the first instance, had been gradually mitigated, as the European political at- mosphere indicated a settled condition, and at the time of his departure, the Dutch inhabitants in New York were in no respect under greater restraint than English subjects of their American colonies. Out of respect for him, the citizens organized two militia companies, the officers of which, being among the most respectable Dutchmen, received their commissions from him. These, accompanied by the great body of citizens, complimented him by a respectful leave-taking, and Colonel Nichols departed for England in August, 1668.
Colonel Francis Lovelace, an English officer, succeeded Governor Nichols in the province. He was a man of great moderation, and the people lived very peaceably under him until the events of the year 1673, which we shall proceed to narrate.
CHAPTER XIII.
THE RECAPTURE OF THE CITY BY THE DUTCH IN 1673, AND ITS FINAL CESSION TO ENGLAND, BY TREATY, IN 1674.
THE temporary truce between the Dutch and English nations was destined to still another rupture; one of the consequences of which was that the city again became, though only for a short period, subject to the dominion of the States of Holland.
War against Holland having been declared by the King of England, in the year 1672, the Dutch, soon after, fitted out a small fleet, to cruise on the American coast, with instructions to inflict such injuries upon the English settle- ments and commerce as should be found practicable.
The authorities here were apprised of some such purpose on the part of the Dutch; but the governor, Col. Love- lace, seems to have made light of the matter, and to have furnished no adequate resources to meet such an emergency, paying indeed so little regard to the subject that he did not hesitate to leave the city for distant parts of the coun- try, on visits of friendship or business, confiding, mean- while, the command of the fort to Captain John Manning.
While so absent, in February, 1673, a rumor reached the city of the appearance of an enemy's fleet off the coasts of Virginia; and Manning forthwith sent an express to
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RECAPTURE BY THE DUTCH.
the governor, who was then visiting at Mr. Pell's residence, on the western borders of Westchester county. The gov- ernor immediately returned to New York, and mustered forces in the city and the neighboring counties, to the num- ber of four or five hundred men; no enemy, however, appeared, and the recruits were suffered to disband and return to their homes. In the early part of July, the gov- ernor again departed for Connecticut, and had been but a few days absent when two ships were observed off Sandy Hook, having the appearance of men-of-war. A dispatch was immediately sent to the governor, and hasty attempts were made by Manning to collect recruits-drafts being made upon the officers of the country militia, and the drums beating up for volunteers through the streets of the city. The returns, however, to this summons were unavail- ing in the country places, and those in the city who joined the recruiting parties were principally of Dutch descent; who, instead of strengthening the forces in the fort, pro- ceeded to spike up the guns on the battery, in front of the city-hall. Meanwhile the enemy's ships sailed into the bay, on the 29th of July, 1673, and Manning found himself in a helpless condition. His soldiers, in the fort, did not number, he says, over fifty men, exclusive of officers, and not one half of these had ever put their heads over the ramparts, and the common cry was " where are the coun- try people ? what shall we do for men ?"
The Dutch ships having anchored, Manning-who ap- pears to have been wholly wanting in resolution and spirit to meet this occasion-immediately sent messengers to the ships, to inquire " why they came in such a hostile manner to disturb his Majesty's subjects in this place ?" These messengers, while on their way, met a boat from the enemy;
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RECAPTURE BY THE DUTCH.
the boats passed each other without communication-one continuing its journey to the ships, the other approaching the city. The latter proved to convey a trumpeter, bearing the following message to the English officer in command :
SIR :- The force of war now lying in your sight, is sent by the High and Mighty States and his Serene High- ness the Prince of Orange, for the purpose of destroying their enemies. We have sent you, therefore, this letter, together with our trumpeter, to the end that upon sight hereof you surrender unto us the fort called James, prom- ising good quarter; or, by your refusal, we shall be obliged to proceed, both by land and water, in such manner as we shall find to be most advantageous for the High and Mighty States.
" Dated in the ship Swanenburgh, anchored betwixt Staten and Long Island, the 9th of August (30 July, O. S.) 1673. Signed by Cornelis Evertsen and Jacob Benckes."
To this summons an answer was returned by Manning, acknowledging its receipt, and informing the Dutch admi- rals that he had already dispatched messengers to commu- nicate with them, upon the return of whom he would give a definite answer to their summons.
The ships immediately after weighed anchor and stood up the bay, anchoring opposite the fort, and word was sent to Manning, giving him half an hour to answer their sum- mons. The latter demanded until the following morning, at 10 o'clock; but his request was refused, with the final reply that but half an hour would be given before the opening of a fire upon the fort, and that the hour-glass would be immediately turned up. As the stated time elapsed without any communication, ten guns were turned
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RECAPTURE BY THE DUTCH.
to leeward, and a heavy cannonading was commenced, which killed and wounded a number of men. Soon after, the Dutch landed their forces, to the number of six hundred men, under Captain Anthony Colve, who formed, prepara- tory to their marching into the town, on the commons in the vicinity of the present Park, being amply provided with granadoes and the materials for a storm. Upon this, Manning, who had remained passive, neither having fired a gun at the enemy's ships, nor made any attempt to oppose the landing of the troops, sent three of his subordinates with a communication for the officer in command. Not having any definite proposals to make, two of the messen- gers were detained and placed under the Dutch standard, while the third, Captain Carr, of Delaware, was permitted to return to the fort and inform the commander that but a quarter of an hour would be given him to comply with their summons. This gentleman, instead of performing his mission, took himself out of the city without delay. The quarter of an hour having elapsed, a trumpeter was sent for an answer to the summons, supposed to have been de- livered; he was informed that since the persons had been sent to make conditions, the commander of the fort had received no communication from them, and knew not what to say. The Dutch officer, on the return of the trumpeter, exclaimed, in a passion, "this is the third time they have played the fool with us; march !" The Dutch troops, headed by Captain Colve, and escorting in their front the two commissioners, commenced their march down the road now called Broadway. As they came near the fort, Man- ning sent out an officer, tendering its surrender upon the following conditions :
1. That the officers and soldiers should march out with
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RECAPTURE BY THE DUTCH.
their arms, drums beating, colors flying, bag and baggage, without hindrance or molestation.
2. Thereupon the fort should be delivered up, with all military arms and ammunition.
These terms were acceded to by Captain Colve, and the ceremony of the English troops vacating the fort having been witnessed, the Dutch continued their march down Broadway, and took possession of the fort. The country thus became once more a part of the dominion of the States of Holland.
It is understood, from documents of that day, that the Dutch fleet had not been specially destined for the capture of this city, to which its strength was entirely inadequate, had the available forces of the colony been brought up. The Dutch were, however, informed, while at Sandy Hook, by some of the inhabitants of Long Island, whose national prejudices were still friendly to the glory of their father- land, that the city could easily be taken, and had thus been persuaded to carry the undertaking through with a high hand. The conduct of Captain Manning received the most extreme censure on the part of all the English inhab- itants in this and all the colonies of New England. To be fired at for hours without returning a shot, and finally to be overborne with such passive non-resistance, was a rank- ling thorn in the side of the English. After they again came in possession of the government, Manning was tricd by court-martial for cowardice and treachery; he was con- victed, his sword broken over his head in front of the city- hall, and himself incapacitated, from that time forward, from holding any station of trust or authority under his majesty.
The Dutch commanders, for the purpose of organizing their government, gave a commission to Captain Anthony
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RESTORATION OF DUTCH FORMS OF GOVERNMENT.
Colve to be governor; and in the early part of August, 1673, having changed the name of the city of New York to that of New Orange, issued their proclamation organ- izing municipal institutions, to conform to those of the father-land. This document was in the following words :
" The commanders and honorable council of war in the service of their High Mightinesses the Lords States Gen- eral of the United Netherlands and his Serene Highness the Lord Prince of Orange, etc. Health.
" Whereas we have deemed it necessary, for the advan- tage and prosperity of our city, New Orange, recently restored to the obedience of the said High and Mighty Lords States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, to reduce the form of government of this city to its previous character of schout, burgomasters and schepens, as is practiced in all the cities of our father-land, to the end that justice may be maintained and administered to all good inhabitants, without respect or regard to persons-THEREFORE WE, by virtue of our commission, in the names and on behalf of the High and Mighty Lords States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, have elected, from the nomination exhibited by those in office, as regents of this city, for the term of one current year.
As Schout, ANTHONY DE MILT.
As Burgomasters
JOHANNES VAN BRUGH, JOHANNES DE PEYSTER, EGIDIUS LUYCK.
As Schepens
WILLEM BEECKMAN, JERONIMUS EBBINGH, JACOB KIP, LAURENS VANDERSPEIGLE, GELEYN VERPLANCK.
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COLVE'S CHARTER.
Which above named schout, burgomasters and schepens are hereby authorized and empowered to govern the inhab- itants of this city, both burghers and strangers, conforma- bly to the laws and statutes of our father-land, and make therein such orders as they shall find advantageous and proper to this city. (Here the paper is destroyed.) And the inhabitants of this city are well and strictly ordered and enjoined to respect and honor the above named re- gents, in their respective qualities, as all loyal and faithful subjects are bound to do.
" Done at the fortress William Henry, this 17th August, A. D. 1673.
JACOB BENCKES, CORNELIS EVERTSEN, JR. NICHOLAS BOES, A. COLVE, A. V. VAN ZEYL."
In January, 1674, Governor Colve having been left in sole authority, made a further ordinance, prescribing more particularly the functions of the city magistrates, by which the court was allowed civil jurisdiction to the amount of fifty beavers, without appeal; in judgments above that amount, an appeal lay to the governor and council. Their jurisdiction, in criminal cases, extended to those involving capital punishment; they were allowed municipal powers in the enactment of ordinances (subject to the approval of the governor,) " for the peace and quiet and advantage of the city."
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