USA > New York > History of the state of New York. Vol. II, Pt. 1 > Part 10
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ernment of
* Deeds, il., 23, 24; Gen. Ent., i., 116-119 ; Dunlap, ii., App. xxxvL. ; Col. Doc., iii., 93, 34: Val. Man .. 1981, 618 ; N. Y. II. S. Coll. (1969), 75.
* CHI. Dne . ifL., 95-103; Mass. Rec., iv. (ii ), 141, 143, 177-215: Hutch. Masa., i., 234-25); U.A1. 417-422; Chalmers's Ann., i., SSS, 380, 502-5)4; Rev. Col., i., 114; 'Bancroft, ii., $1-35; Barry, 1, 393-400 ; Palfrey, il., GOT-CIS; Williamson, i., 411.
76
HISTORY OF THE STATE OF NEW YORK.
CHAP. II.
1665. very honest and an able gentleman, and that he will serve you both for a mayor and a counsellor." At Nicolls's re- quest, Carr, while on his way to Boston, visited Willett at Rehoboth, and obtained for him from Governor' Prence leave of absence from Plymouth, to assist in remodeling the city government in New York, as he was " more acquainted with the manners and customs of the Dutch than any En- glishman in the country, and his conversation was very ac- ceptable to them." No better choice could have been made."
12 June.
12 June. Nicolls, by a proclamation, now revoked " the form and ceremony of government of this his majesty's town of New York, under the name of Schout, Burgomasters, and Sche- pens," and declared that its future government should be administered by persons who should be known by "the Mayor, aldermen, name and style of Mayor, Aldermen, and Sheriff, according and sheriff. to the custom of England in other his majesty's corpora- tions."+ By a separate instrument of the same date, he ordained that "the inhabitants of New York, New Harlem, with all other his majesty's subjects, inhabitants upon this island commonly called and known by the name of the Manhattan's Island, are and shall be forever accounted, nominated, and established as one body politic and corpo- rate, under the government of a mayor, aldermen, and sher- Willett mayor. iff;" and he appointed Thomas Willett to be mayor ; Thom- as Delavall. Oloff Stevensen van Cortlandt, Johannes van Brugh, Cornelis van Ruyven, and John Lawrence, to be aldermen, and Allard Anthony to be sheriff. These officers were to hold their places for a year, and any four of them, of whom the mayor or his deputy was always to be one, were to have full authority to govern the city according to the general laws, " and such peculiar Jaws as are or shall be thought convenient and necessary." Of the new corporate
' Col. Doc., fii., 68, 87, 94; Morton's Memorial, 251, 304, 311; Mass. II. S. Coll., xiv., 100, 203; xxxVI, 532; Arnold's Rhode Island, i., 314; Deane's Bradford's Plymouth, 260; Sav- age's Winthrop, i., 622 : Palfrey, i., 163; Thompson, i., 130; Val. Man., 1853, 379, 380; ante, vol. i., 513, 525, 585, 736, 743. After serving as mayor of New York in 1665 and 1667, Wil- lett remained there acting as a counselor until the Dutch conquest, when he returned to his farm at Rehoboth, in Seekonk, Bristol county, Massachusetts, where he died on the 4th of August, 1671. A rough stone with an inscription still marks the place of his burial. HI14 son Thomas remained in New York, where he becaine prominent ; and his great - great - grandson, Colonel Marinus Willett, was mayor of the city in 1507 .- Munsell, iv., 22; Col. Doc., ii., 617. 617: Val. Man., 1561, 553; Val. Hist. City of N. Y., 246, 247.
t Ogilby, in lis America, 169, remarks that in New England the only municipal officer retaining his Old-country name was " constable."
77
RICHARD NICOLLS, GOVERNOR.
authorities three were Englishmen-Willett, Delavall, and CHAP. II. Lawrence; and four were Hollanders-Van Cortlandt, Van Brugh, Van Ruyven, and Anthony. The latter had been 1665. prominent in the late government, and eminently repre- rented the Dutch element ; while Anthony, the old schout, only assumed a new title when he became sheriff.
Nevertheless there was much dissatisfaction shown when the governor appeared in the Court of Burgomasters and 14 June. Schepens to install the new officers. Burgomaster Van dissatis- Cortlandt, who had been selected to be alderman, objected fied. that the new charter violated the sixteenth article of the capitulation ; but Nicolls quietly showed him that the old officers had been continued, and new ones elected in Feb- ruary, who had been retained until now. Yet " divers de- bates occurred," because the magistrates wished the Dutch system to be retained, under which they nominated their own successors, while under that established by the English governor they were to be chosen by himself without any restraint. Nicolls, however, told them that he had received letters from the Duke of York "to make the government of this city conformable to the custom of England," and that, while he acknowledged the good conduct of the for- mer magistrates, he had qualified some Englishmen for office, " on purpose that parties may be better aided on both sides, as well English as Dutch, who go to law, and the better to strengthen the peace and quiet of the inhabitants of this place." The new magistrates were then sworn and The new installed, and were proclaimed to the commonalty after installed. "the customary ringing of the bell three times."
Thus were inaugurated the first mayor and aldermen of Mayor's the city of New York. The new court was organized the Court
text day, and Johannes Nevius was retained as secretary, 15 JuDe. u-sisted by Nicholas Bayard to translate his Dutch minutes. Soon afterward Nevius resigned, and Bayard was appoint 18 July. " secretary in his place. Little change was made in the tale of judicial proceedings, except the substitution of the English tongue for the Dutch. Jury trials, as provided for in the code, were ordered to be held on the first Tuesday f each month. But suitors generally preferred to have Soir causes disposed of in the summary manner to which Way had been accustomed; and many forms peculiar to
The Dutch
city officers
78
HISTORY OF THE STATE OF NEW YORK.
CHAP. II. the Dutch jurisprudence continued for half a century to 1665. be recognized in " The Mayor's Court of the City of New York."*
Holland
appeals to France
against
Meanwhile important events had happened in Europe. 1664. The States General represented to the King of France the & Decem. wrong which the King of England had done them in cap- turing New Netherland, and asked for the aid guaranteed by the treaty of 1662. This appeal embarrassed Louis, England. whom Charles had tried to persuade that he was the ag- grieved instead of the aggressor. D'Estrades, writing from &g Decem. the Hague, urged his sovereign "to prefer England to the States," because he could thereby "procure the restitution of Acadia from Penobscot to Cape Breton, being eighty leagues of coast, where there are fine harbors, and oblige the King of England, by the same treaty, to declare war against the Iroquois, whom the Hollanders, who have their plantations adjoining, have always assisted with arms and munitions against us. By this means your majesty would free Canada from the only enemies which she has in that country ; and by attacking them on the Canada side, and on that which the English occupy, they would all be de- stroyed in a year." Finding that the designs of Louis on the Spanish Netherlands controlled his action, the States General informed him that they were ready to adjust their The resto- ration of New Neth- eriand de- manded. differences with King Charles, by restoring every thing they had taken from him, if he would " bind himself to re- store New Netherland," and other prizes.t
1663. 8 Jannary.
1664. In reply to the Dutch statements, Downing insisted that 38 Decem. New Netherland was within the New England patent ; that Downing's memorial. the treaty of 1654 had not cut off the English claim ; and even if it did, that the New England colonies had "jura belli within themselves, without appealing first into Eu- 1665. rope." A committee of the States General soon published Febr'y. a " demolition" of Downing's memorial. "The English," it was conclusively argued, " have no other title to the pos-
* Gen. Ent., L. 120-124; N. Y. City Rec., v., 780-784 ; vi., 3, 47; Col. Doc., ii., 373, 407, 445, 473; Doc. Hist., i., 360, 390; Val. Man., 1852, 881, 683, 359, 391, 3:5, 473, 470, 402: 1853, 380, 353, 583; 1860, 601, 602, 60S; Thompson, ii., 363; Daly's Introductory Sketch, 14, 25, 26; Hoffman's Treatise, i., 19; ii., 3-5; ante, vol. i., 388, 410, 548, 640, 680, 303, 720, 528, 738.
t Col. Doc., ii., 256-291, 305, 306; De Witt, ii., 2, 4, 14-17 ; D'E-trades, il., 550, 555-564, 507, 508, 570. 375-577; iii., 5, 10, 11, 13 ; Rapin, ii., 639 ; Aitzenia, v., 93, 288-294 ; Lister's Clarendon, ill., 352; Basnage, i., 71S, 719, 737; Martin, i., 262 ; ante, vol. 1., 586.
79
RICHARD NICOLLS, GOVERNOR.
session of what they hold, namely, New England, than CHAP, II. those of this nation have to New Netherland, to wit, the right of occupation ; because all those countries being des- ert, uninhabited, and waste, as if belonging to nobody, be- defend vame the property of those who have been the first occu- jants of them. It is thus the English have occupied, and this is the title by which they possess New England, as those of this nation New Netherland. The right which the English found on the letters patent wherein their king grants such a vast extent to the limits of the English, so as to include also all the possessions of this nation, is as ridic- ulous as if your high mightinesses bethought yourselves of inluding all New England in the patent you would grant ! the West India Company; therefore a continued pos- Mission for such a long series of years must confer on this uation a title which can not be questioned with any ap- ¡warance of reason."*
Affairs now approached a crisis. The West India Com- jany was authorized "to attack, conquer, and ruin the En- 6 Febr'y. glish every where, both in and out of Europe, on land and water." The East India Company equipped twenty ships. The Dutch The herring and whale fisheries were suspended, in order fleet. In man the war vessels of the nation. Fourteen millions of gailders were voted for the fleet and the fortifications. The Dutch, who lived by commerce, resolved that they tau-t fight to deliver themselves from the English yoke; wod all the cities broke out in eries of joy at the hope of triumph. As De Ruyter was far away in the West Indies, Wassenaar of Opdam was made admiral, with the youn- wer Tromp and other-renowned commanders under him.+
The English Parliament granted two millions and a half English of pounds sterling ; and Holmes was sent to the Tower, so tione. prepara- that if the Dutch should be successful, he might be made " a sacrifice, as Sir Walter Raleigh was." The Duke of York prepared to take command of the fleet. At length 22 Febr'y. the king, without the concurrence of Clarendon or South-+M March. "War de- snapton. issued a declaration of war, full of bitterness clared. against the Dutch.#
'. . .. ... Ii. , 208-304, 307-331 ; Aitzema, v., 256-56S.
* * / 1 x . 11 , 306, 007 ; IVEatrades, ill., 82, 42, 63; Aitzema, v., 413-443 ; Basnage, i., **. :**< 4.11.99. 30; Pepys, il., 205; Lister, iii., 361.
1 14,3%, 86, 157, 196, 199, 215; Kennett, ill., 252 ; Lister, il., 271-276; Aitzema, v., 268 ;
their right.
1665. The States
80
HISTORY OF THE STATE OF NEW YORK.
CHAP. II. 1665. 28 Jan'y. Charles also wrote to Nicolls and his colleagues, inform- ing them of De Ruyter's expedition, and enjoining them "to use all possible diligence for their security." They 7 Feb'y. Orders to the colo- nies. were, moreover, directed to observe all orders from the Duke of York, whom the king had authorized to grant letters of marque against Dutch ships, and condemn them in Admiralty. Clarendon likewise warned Nicolls that he "must expect all the mischief the Dutch can do him." 31Febr'y. The, Duke of York directed that his province should be put " into a posture of defense against the Dutch." He 28 Febr'y. also appointed Nicolls and Captain Philip Carteret sub- commissioners in Admiralty, to dispose of all prizes in any of the ports or harbors of New England."
22 June. Action of Nicolls. 24 June.
30 Juno.
25 June.
These dispatches were brought by Carteret to Virginia, and forwarded thence to New York. As soon as he re- ceived them, Nicolls issued a proclamation for the confisca- tion of the West India Company's estate, which had al- ready been attached. Letters were also sent to the several New England governments inclosing copies of the king's orders, and instructing them how to treat Dutch prizes in any of their ports. The inhabitants of Long Island were especially warned to be ready against Dutch invasion. The commonalty of New York were called together to consult about fortifying the city on the river side. The governor offered to contribute palisades and wampum, and promised " not to constrain any inhabitant to fight against his own nation." Steenwyck, the deposed burgomaster, declared that he would always be a faithful subject. But the burgh- ers generally were not zealous to prepare defenses against an expedition which might restore the authority of their fatherland. "Some of the people answering said that the town was sufficient enough; others that they could not work before they had their arms restored to them again ; and many other excuses; but no categorical answer was given."+
Feeling in New York.
Basnage, i., 700; Lingord, xii., 170; Davies, iii., 30; Rapin, ii., G3S, 630 ; Parl. Hist., iv., 803-309. There is an interesting account of the origin of this war in Temple's Works, i., 307-310.
* Col. Doc., iii., $5, 56, 92, 104; Val. Man., 1847, 353 ; N. Y. Surrogate's Rec. Wills, i., 9. t Col. Doc., ili., 67, 92, 103; N. Y. City Rec., vi., 19, 29; Col. MSS., xxii., 1; Val. Man., 1852, 430, 494; 1833, ES1 : Gen. Ent., i., 76, 125-132; Ord. Warr. and Lett., ii., 2 ; Col. Rec. Conn., il., 21; Mass. I. S. Coll., xxx., 52; Trumbull, i., 27S; Thompson, i., 140; Smith, i., CS, 41. De Ruyter was actually on his way from the West Indies to Newfoundland in May, 1665. If he had visited New York, as he intended, he would easily have reconquered the prov-
08
OTRU
81
RICHARD NICOLLS, GOVERNOR.
The condition of the metropolis was told in a letter from CHAP. II. Nicolls to Lord Arlington : "We have had no ship or the 1665. least supplies directly out of England since the surrender, 31 July. which hath brought the soldiers and planters into very Condition great wants of meane necessaries, though I will still have metropolis. hopes that a place of this importance will fall into due con- sideration with his majesty and royal highness." The col- onies had less cause to apprehend De Ruyter than the pri- vateers, " and this place doth not apprehend either or both; for we have no ships to lose, no goods to plunder, but a ragged sort of a fort, put into the best posture of defence possible, well fitted with cannon, no want of ammunition for the present, and as many soldiers as will not lose his majestie's interest but with their own lives." Fort James, indeed, with its low ramparts, greatly needed strengthen- ing. Bat Cartwright thought that it could not be kept " two hours by having its walls raised higher," and advised that " a battery upon the point would be of greater advan- tage, and more considerable than the fort itself, if ever the town be fortified."*
While Nicolls was thus securing his government, annoy- ing orders caine to him from England. The Duke of York had dismembered his province, and had laid the foundation of another American state. James was fond of naval af- fairs, and a degree of intimacy existed between him and his assistants in the Admiralty Board. One of them, John, Lord Berkeley of Stratton, a brother of the Governor of Berkeley. Virginia, had been the duke's own governor in his youth, and afterward was made treasurer of his household. At the request of James, the king, two years before his restora- tion, had raised Berkeley to the peerage. Berkeley was a "bold and insolent" man, weak, popishly inclined, "not in- corrupt," and very arbitrary. The Treasurer of the Ad- miralty, Sir George Carteret, "the most passionate man in Carteret. the world," had been Governor of the Channel Island of Jersey, where he received Charles while Prince of Wales, and which he afterward gallantly defended against Crom-
Inre. But, being short of provisions, he was obliged to hasten homeward. See Aitzema, v., 4'2. 477; Le Clerc, iii., 79, SO; Basnage, i., 741, 745; Davies, iii., 33; Kennett, ili., 253, +33 ; Col. Doc., il., 250, 422; Mass. Rec. iv. (ii.), 154, 276, 280; N. Y. H. S. Coll. (1509), 74,75. * ('.1. Doc., fil., 87, 101, 103 : Val. Man,, 1859, 548-552, and the map of 1001 appended, chow ing the situation of the fort.
II .- F
T
82
HISTORY OF THE STATE OF NEW YORK.
CHAP. II. well's forces. At the Restoration, Carteret rode with the 1665. king triumphantly into London, and was made chamberlain of his household. Both Berkeley and Carteret were mem- bers of the Council for Plantations, and in the spring of 1663 had, with Clarendon, Albemarle, Ashley, and other courtiers, obtained a grant of Carolina .*
The two royal favorites early prevailed on the Duke of York to convey to them a part of his splendid American domain. They seem to have been prompted by Captain John Scott, "who was born to work mischief, as far as he is credited or his parts serve him." Disappointed in his own aim to get a part of New Netherland, and well know- ing its geography, which the duke did not, Scott contrived to make Berkeley and Carteret the instruments of his mal- ice by inducing them to procure from its proprictor the cession of one of the most valuable parts of his province. James, not yet in possession, was easily cajoled. Nicolls's 1664. expedition was yet on the Atlantic, when the duke, by 23 June. 24 June. The duke conveys a deeds of lease and release, in consideration of " a compe- tent sum of money," conveyed to Berkeley and Carteret, part of New and their heirs and assigns, the portion of his territory York to Berkeley and Carte- ret. which he described as " that tract of land adjacent to New England, and lying and being to the westward of Long Isl- and and Manhitas Island, and bounded on the cast, part by the main sea and part by Hudson's River, and hath upon . the west Delaware Bay or River, and extendeth southward to the main ocean as far as Cape May, at the mouth of Delaware Bay, and to the northward as far as the north- ermost branch of the said Bay or River of Delaware, which is forty-one degrees and forty minutes of latitude, and crosseth over thence in a strait line to Hudson's River in forty-one degrees of latitude." In memory of Carteret's gallant defense of the island of Jersey, this " tract of land" was " hereafter to be called by the name or names of New
Called
" New Jer-
sey."
1 Cæsarea or New Jersey." Thus the name of New Jersey was given in London to a part of New Netherland before it had been conquered from the Dutch.
The Duke of York's release of New Jersey was in the
* Pepys, 1., 31, 88 ; Ii., 271 ; Clarke's James II., 1., 54; Burnet's Hist., i., 267, 618, 619; Chalmers, i., 517; Lster's Clarendon, i., 296, 307, 311, 368, 372 ; iii., 7, 419; Whitehead's East Jersey, 30, 31; Col. Doc., ii., 410, 599; Collins's Peerage, iv., 167, 212.
83
RICHARD NICOLLS, GOVERNOR.
ordinary forin of conveyances of land. It merely con- CHAP. II. firmed to his grantees a part of his province, which he de- scribed as "that tract of land" between the Hudson and 1664. Effect of the Delaware, and the "royalties" and " hereditaments" be- the Duke of York's longing to the same, with their "appurtenances." This convey- land and its appurtenances was conveyed "in as full and ance. unple manner as the same is granted to the said Duke of York" in his patent from the king. By that patent the king granted New Netherland to his brother in free and common socage, subject to the yearly rent of forty beaver- skins. In the same "full and ample manner" James now released to Berkeley and Carteret a " tract" of this terri- tory, subject to the rent of twenty nobles a year. This was the legal scope of the instrument, which, in words usual in deeds of real estate, conveyed a tract of land and its appurtenances to Berkeley and Carteret as amply as the same had been granted to the Duke of York by the king; namely, in socage, subject to an annual rent. The king, however, besides his gift of territory, had intrusted to his brother and his assigns "full and absolute" authority to govern all English subjects inhabiting within the same. This jurisdiction the duke did not convey. Nevertheless, Powers of as he did not reserve it, his grantees assumed that he had ment not govern- transferred to them " every right, every royalty, and all the conveyed. powers of government which he himself possessed." It was not until many years afterward that this interesting question was settled."
As soon as news of the reduction of New Netherland reached England, Berkeley and Carteret hastened to avail themselves of their grant, by procuring from James a let- : S Novem. ter to Nicolls, " signifying the same to him, and requiring letter to The duke's him and all others therein concerned to yield their best Nicolle. assistance in the quiet possession and enjoyment of the premises to all such persons as my said grantees should at any time appoint and authorize to negotiate their affairs in those parts." Soon afterward they signed and published 1665. 10 Febr'y. an instrument which, under the title of "The Concessions New Jermy " Conce+
and Agreement of the Lords Proprietors of the Province of stons."
* (* 1. Dec., il., 243; iii., 46, 48, 103, 220, 240, 285; Pepys, il., 103; Leaming and Spicer. %. 11 ; S. Smith's New Jersey, 60, 61, 567-570; Gordon, 20, 23, 24, 42, 43; Chalmers, i., 613, € : 4. 624, 025; Grahame, i., 402, 463 ; Bancroft, il., 315; Whitehead, 31, 32 ; ante, vol. 1., 295, *34; 8., 14, 21.
84
HISTORY OF THE STATE OF NEW YORK.
CHLAP. IL.
1665. Philip Car- teret gov- ernor.
New Cesarea or New Jersey," forined its liberal constitu- tion. At the same time, Captain Philip Carteret, a cousin of Sir George, was commissioned as governor, and received his instructions from the Proprietors .*
Carteret in Virginia. 13 June.
With about thirty emigrants, several of whom were Frenchmen skilled in making salt-which was apparently intended to be the staple of New Jersey-Carteret sailed for New York in the ship Philip, belonging to Sir George. The vessel was driven into the Chesapeake, and anchored at Newport News. From there Carteret transmitted to Nic- olls some of the dispatches intrusted to his care. He also forwarded several letters to Captain James Bollen, the com- missary at Fort James, among which was one from Berke- ley and Carteret, containing a copy of the duke's grant of New Jersey. As soon as he received them, Bollen showed these interesting documents to his chief.}
22 June.
Surprise of Nicolls. 8 April.
This was the first intimation to Nicolls of the dismem- berment of his government of New York. The duke's own dispatch to him had not yet been delivered by Carteret; but he could not doubt the news which Bollen communicated. ITis surprise was grievous. For ten months he had exer- cised dominion, as the deputy of James, over ancient New Netherland. Only a few weeks before, he had confirmed to Goulding, Bowne, and others, from Long Island, the lands between Sandy Hook and the mouth of the Raritan, upon which the towns of Middletown and Shrewsbury were afterward settled. He had looked upon " Albania," within which three new towns were already begun, as the most "improveable part" of the province of New York. And now the mortified governor was warned to give up
. Elizabethtown Pill in Chancery (1747), 12-16, 35; Leaming and Spicer, 12-31; Smith's N. J., 512-521 ; Collins's Peerage, iv., 208; Whitehead's East Jersey, 32-36; Gordon, 24-27; Bancroft, il., 315-316; Chalmers's Ann., i., 614, 615; N. J. I. S. Proc., i. (il.), 23, 20, 31; Mass. II. S. Coll., xxxvii., 319. The New Jersey "Concessions," among other things, provided that the inhabitants should every year elect representatives to a General Assembly, and that there was to be imposed no "tax, custom, subsidy, tallage, assessment, or any other duty whatsoever, upon any colour or pretence, upon the said province and inhabitants there- of, other than what shall be imposed by the authority and consent of the said General As- sembly, and then only in manner as aforesaid." These memorable words-which were bor- rowed from the Petition of Right assented to by Charles the First in 1628, and recognized by him in his charter of Maryland in 1632_were adopted by the Assembly of New York in 1093 and 1691, and by that of Massachusetts in 1699. See Chalmers, i., 204, 205; Rapin, ii., 270, 271 ; Kennett, ili., 42 ; Lingard, ix., 317-321; Gordon's American Revolution, i., 45, 66, 97,90.
t Mass. II. S. Coll., xxx., 40-53 ; Elizabethtown Bill in Chancery, 28; Smith's New Jersey, 67; Whitehead's East Jersey, 36; Col. Doc., ii., 470; ili., 103, 105; Rhode Island Rec., ii., SJ.
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