USA > New York > History of the state of New York. Vol. II, Pt. 1 > Part 11
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85
RICHARD NICOLLS, GOVERNOR.
that desirable region. Thencoforth "New Jersey" was to CHAP. II. take the place of " Albania" on the map of America. Too good an officer to disobey, Nicolls could not refrain from a July. 1665. manly remonstrance against his master's improvident grant, Nicolle re- monstrates "to the utter discouragement" of any that might desire to to the live under his protection. "For my boldness," he added, duke. "I can at last but beg pardon. Neither can I suppose that my Lord Berkeley or Sir George Carteret knew how prejudicial such a grant would prove to your royal high- ness; but I must charge it upon Captain Scott, who was born to work mischief as far as he is credited or his parts serve him."* Hoping that he might yet induce the duke and his grantees to make other arrangements, Nicolls urged that the latter should give up New Jersey, and receive " a better' and a more entire tract of land, worthy of great considera- tion to my Lord Berkeley and Sir George Carteret, which is that part of Delaware River which is reduced from the Dutch, if it is not already disposed; if so, then that my Lord Berkeley and Sir George Carteret may have a hun- dred thousand acres all along the sea-coast, which is a most noble tract of land, but it will cost them twenty thousand pounds before it will yield a penny, and their children's children may reap the profit."t
This letter may have caused the duke to repent his pre- cipitate grant; but it reached him too late. Toward the end of July, Carteret arrived at New York. After exhib- 23 July. iting his authority to Nicolls-with whom he had been New York. joined as a sub-commissioner in Admiralty-he received from him, according to the duke's orders, quiet possession of New Jersey, whither he proceeded with his ship. Early in Angust, Philip Carteret landed at the head of his fol- August Carteret
Carteret at
lowers, carrying a hoc on his shoulder, " thereby intimating lande in New Jer- his intention of becoming a planter with them." He chose sey. for the seat of his government a spot on the north bank of
. Nicolls, on his return to London in 1668, told the king, the queen, and the duke enough about Scott to make the latter . forsake Whitehall :" see Mass. II. S. Coll., xxxvii., 315, 316. * Col. MSS., xxiv., 1; Ilist. Mag., ii., 223 ; Leaming and Spicer, 661-663; Smith's N. J., 02. 67 : Whitehead, 39, 40, 57, 150; N. J. II. S. Proc., i., 165; Col. Doc., iii., 105, 174. Chất- mere, i., 014, 615, 624, 625, erroneously states the date of this letter of Nicolls-of which chly n fragment exists in the State Paper Office-as November, 1655. It was evidently written before Carteret arrived at New York from Virginia (on 29 July, Col. Doc., ill., 103), and about ten days after Bollen showed the governor the letter he had received from the pro- Aftertarios of New Jersey. which was on the 20th or 20d of June (Mass. I. S. Coll , xxx , 52; 1 . L. Pcc , ill., 105) ; N. Y. H. S. Coll. (16), 74. Its date, therefore, must have been about the beginning of July, 1665.
86
HISTORY OF THE STATE OF NEW YORK.
CHAP. II. " the Kills," where four families had already been settled under the authority of Nicolls, but which, in compliment 1665. to Sir George's wife, he named " Elizabethtown." Captain James Bollen, who seems to have been a favorite of the proprietaries, was soon afterward appointed secretary of New Jersey ; the annals of which, from this time forward, assume a distinct place in American history."
The Dela- ware terri- tory.
20 June.
The Delaware territory, which Nicolls had proposed should be taken by Berkeley and Carteret in exchange for ' New Jersey, had meanwhile been governed as an append- age to New York, but without any special orders from En- gland. In consideration of the good service of Captain John Carr, its commander, a grant was made to him of the confiscated estate of the former Schout Van Sweringen, who emigrated to Maryland. Hinoyossa having also gone there, his property was given to Sir Robert Carr, and Al- ricks's to Ensign Arthur Stock. But the trade of the place languished for want of supplies; and Nicolls besought Ar- lington to send him orders at once, as the garrison there was now maintained at his own private cost.t
After their failure at Boston, the three royal commis- sioners visited the other New England colonies, leaving Nicolls at New York "to attend De Ruyter's attempt." At their colleague's request, they organized a government Pernaquid. within the duke's territory of Pemaquid, the few colonists of which, chiefly fishermen, appeared to be " the worst of men." Cartwright, weary of his unprofitable labors, and suffering from the gout, now determined to return to En- gland. The command of his company of foot at New 26 Jane. York was accordingly assigned by Nicolls to Captain Rob- ert Needham. With full dispatches prepared by the com- August. Cart- wright. missioners, Cartwright sailed from Boston, intending to ex- plain in person to the home government the condition of affairs in New England; but he was captured at sea by a Dutch privateer, who took all his papers and carried him to Spain. Massachusetts was well pleased at the mishap which delayed injurious reports from reaching the king. Carr and Maverick, however, before returning to New
* Col. Doc., iL., COT ; ili., 103 ; Smith's N. J., 67; Whitehead, 36, 84, 85; Val. Man., 1852. 483, 432, 495; Elizabethtown Bill in Chancery, p. 28; ante, p. 4 ?.
t Col. Doc., iii., $2, 103, 10, 119, 115, 346 ; Patents, i., 15; S. Hazard's .Reg. Penn., iv., 64; Ann., 369 ; David's " Day Star, " 79.
08
87
RICHARD NICOLLS, GOVERNOR.
York, wrote to the secretary of state, inclosing fresh docu- CHAr. If. ments, among which was a "narrative" of the condition of the several New England colonies. Strong prejudice was shown against Massachusetts, where some dared to say, "Who knows what the event of this Dutch war will be ?" gland. Carr also urged Secretary Morrice and Lord Lauderdale to 3 Decem. have Delaware, Rhode Island, and all the territory as far west as the Connecticut River annexed to the Narragan- set country or the "King's Province," and then make him governor over the whole, where he promised to serve his majesty " as faithfully as any he shall set over them.""
1665. 20 Novem. Feeling in
The war with the Dutch obliged Nicolls to erect a prize court at New York. Ile accordingly appointed Captains 23 August. Admiralty Needham, Willett, and Topping, with Secretary Nicolls and Court in Alderman Lawrence, to be Commissioners of Admiralty for the province, and R. Charlton to be clerk of the court. The organization of this tribunal was, however, several times altered ; and the Mayor's Court of New York fre- quently acted as a Court of Admiralty.+
New York.
Fresh troubles had meanwhile broken out between the Mohawks and Mahicans, and some of the Dutch near Al- bany were killed. Two of the savages were arrested and imprisoned for the murder. Willett, the new mayor of New York, was sent thither to advise ; and, on his return, 4 July. the Albany magistrates were directed to hang one of the 27 July. Indians, and send the other in chains to Fort James. Winthrop was also asked to aid in making peace between 2 August. the Mahicans and the Mohawks. Having taken precau- tions for the safety of New York during his absence, Nie- Niollevie. olls went up to Albany. Mauning, who was needed at 233;and. Fort James, was relieved ; and the command of Fort 11- bany, with its nine cannon, and its garrison of sixty men. was given to Captain John Baker, who was commissioned s & pten. Baker to be " chief military officer" of the place. Baker was in- made ex .. mitider at structed to keep constant guard and good discipline, and Allany. to avoid all disputes with the inhabitants, with whom he
* Col. Doc., iii., 101-113, 160; Patents. i., 156; Morton's Mem., 315, note; Intch., i., 250; Cott., 412-425; Chalmers, i, 277, 206, 880, 483, 504; Maine II. S. Coll., i., 110-116; v., 232, %34; Williamson, i., 415-425; Rhode Island Rec., ii., 93-5, 102, 110-114, 118, 127, 132-108, 157, 257 : Masa. H. S. Proc., 1958-1860, 274; Palfrey, il., 619-624.
1 Conrt of Assizez, ii., 345, 346; N. Y. Surrogate's Ree. Wills, i., 5-10, 85-47; Val. Min., 1417. 562, 253, 302-267; Col. Doc., di., 296, 297; ili., 67, 232, 260, 263; Daly's Sketch, Co, :1; pris notey A and B. Nicolls's Admiralty power in New York came from the duke.
8S
HISTORY OF THE STATE OF NEW YORK.
CHAP. II. was to live "as brothers together." In capital cases or 1665. treaties with the Indians he was to sit in the fort, with the schout and commissioners of Albany ; but he was to have no concern with the ordinary civil courts. He was also to act as deputy collector, and send the entries of goods by each sloop to Van Ruyven, the collector at New York. 19 October. John Shutte, one of Baker's soldiers, was also licensed to be the " only English school-master at Albany," upon con- dition that he should not " demand any more wages from each scholar than is given by the Dutch to their Dutch school-masters."*
· Nicolls at Esopus.
Nicolls also visited Esopus, where troubles had occurred during the previous winter between the soldiers and the townsmen. Beekman and the other officers of Wildwyck 11 Septem, were continued, and Chambers was appointed captain of the local militia company. As it was necessary that the commander of the regular soldiers who formed the garri- son should have general military authority, Captain Daniel 14 Septem. Brodhead command- er at Eso- pus. Brodhead was commissioned to be "chief officer of the militia in the Esopes," and all inferior officers and soldiers were required to obey him as such. Like Baker at Al- bany, Brodhead was instructed to keep constant guard, 23 October. cause the village authorities to be respected, and prevent his soldiers from abusing the Indians or quarreling with the burghers. In general, he was to use his best discretion, but to " avoid harshness of words and heat of passion on all occasions; seeking rather to reconcile differences than to be head of a party. Preserve yourself," said the pru- dent governor, " single and indifferent as to justice between soldiers and burghers. Give not too easy an car to private whisperers and insinuators, which may overrule your judg- ment and beget a prejudice in your mind against the Dutch. For, though I am not apt to believe they have a natural af- fection to the English, yet, without ill usage, I do not find them so malicious as some will seek to persuade you they are."+
Nicolls's instruc- tions to Brodhead.
One of Nicolls's chief objects in his visit to Esopus was
* Patents, 1., 20. 155, 157, 178, 161-164; Orders, Warrants, etc., ii., 3-5, 2, 17, 229; Col. Doc., iii .. 104, 117, 119. 143 ; Chalmers, i., 576; Munsell's Ann. Alb., iii., 327 ; iv., 16 ; vii., 98-101 ; Val. Man., 1947. 351, 356, 357 ; 1552, 484, 490 ; Mass. II. S. Coll., xxx., 51, 35; MSS. Trumbull Papers, xxil., 74; ante, vol. i., 530, 533, 535, 783.
t Patente, i., 156, 153, 167-163 ; Col. Doc., iii., 94; Esopus Records; Ulster II. S. Coll., 1., 40, 52-54, 98.
89
RICHARD NICOLLS, GOVERNOR.
to purchase from the savages fresh lands on which to settle CHAP. II. colonists. This was the more important since the separa- tion of New Jersey from his government. A treaty was 1665. accordingly executed at Fort James between Nicolls and 7 October. the Esopus sachems, by which a large tract of land to the Esopus west and southwest of the "Kahanksen" Creek, in the lands. present towns of Rochester and Wawarsing, was conveyed to the Duke of York. All past injuries were buried on both sides, and the sachems engaged "to come once every year and bring some of their young people to acknowledge every part of this agreement in the Sopes, to the end that it may be kept in perpetual memory."*
This treaty with the Esopus Indians enabled Nicolls to offer new inducements to planters, of which the province New offers was in great need. While at Boston in the previous May, he had caused to be printed by Samuel Green, at the Cam- bridge press-then the only printing-press in the British American colonies-on a half sheet of foolscap paper, " The conditions for new planters in the territories of his Royal Ilighness the Duke of York." In this document the terms upon which lands could be purchased and held were stated, in conformity to the " Duke's Laws," which had just been promulgated at Hempstead. "Liberty of conscience" was prominently allowed. " The lands which I intend shall be first planted," said Nicolls, " are those upon the west side of Hudson's River, at or adjoining to the Sopes." In this form numbers of copies had been distributed. As soon as he had made the treaty, Nicolls added, in his own hand- writing, to the copies not yet issued, " The governor hath purchased all the Sopes land, which is now ready for plant- ers to put the plough into, it being clear ground."}
* Col. MISS., xxii., 4; Deeds, iii., 7-10; Esopus Records ; Ulster II. S. Coll., 1., 53-62, 97; Denton's N. Y., 14; ante, vol. i., 675, 678. This purchase of Nicolls was beyond the " new village," now known as Hurley, which Stuyvesant had caused to be laid out after his treaty with the Esopus sachems in 1660 : ante, vol. i., 678, 60, 710-714; Ulster II. S. Coll., i., 71, 12. 1 Thomas's History of Printing, i., 226, 258 ; ii., S ?; Ulster HI. S. Coll., i, 97, 98. An original of these "conditions" is in the library of the N. Y. Hist. Society ; and there is a re- print of them in Leaming and Spicer, 667, 663. Another original, with Nicoll's manuscript ed lition (formerly belonging to Ebenezer Hazard), is in the Force Library at Washington; end one of these amended copies Smith reprinted in his revised edition (1850). i., 39, 49.
Is i- interesting to note that a censorship of the press was established by Mas-achu-etty en S October, 1662, and repealed on 27 May, 1663. But when the royal commissioners, on 21 May, 1065, desired that certain papers should be printed, the General Court, three days afterward, to prevent "abuse to the authority of this country by the printing-presse," again or'ered "that there shall be no printing-presse allowed in any towne within this juris diction but in Cambridge, nor shall any person or persons presume to print any cop.e but
Purchase of
to planters.
90
HISTORY OF THE STATE OF NEW YORK.
.
CHAP. II.
1665. 28 Septem. to 4 October. Court of Assizes.
According to the requirements of the code, the Court of Assizes was now held at New York. It was attended by the governor, his counselors, and the justices of Yorkshire. Several amendments to the laws were adopted and promul- gated. Among other things, all wills were required to be deposited in the Record Office at New York, and all land patents to be recorded there. To enforce the provision in the code, it was ordered that " all persons whatsoever who have any grants or patents of townships, lands or houses within this government, shall bring in the said grants or patents to the governor, and shall have them renewed by authority from his Royal Highness the Duke of York, be- fore the beginning of the next Court of Assizes."*
At this court some of the sachems of the Long Island 3 October. Long Isl- 5 October. Indians appeared before the governor, and agreed to sub- and affairs, Init to his authority. A few days afterward Nicolls issued a patent to David Gardiner, confirming to him the grant of the Isle of Wight, or Gardiner's Island, which had been originally made to his father in 1640, by Farrett, as agent of the Earl of Stirling. This was the promptest compli- ance of any considerable landowner with the requirement of the code.+
An interesting criminal case was also decided at Nicolls's first Court of Assizes. Ralph Hall and his wife Mary having been presented by the authorities of Brookhaven for practicing " some detestable and wicked arts, common- ly called witchcraft and sorcery," which, it was alleged, had 2 October. caused two deaths, were arraigned before the Court of As- Case of witchcraft. sizes. As the New England penalties against that delusion had been left out of the New York code, the prisoners were indicted, not for witchcraft, but for murder by means of witchcraft. Twelve jurymen, one of whom was Jacob Leisler, afterward so prominent in provincial affairs, tried the case. They found that there were "some suspicions by the evidence of what the woman is charged with, but
by the allowance first had and obtained under the hands of such as this court shall from time to time impower." Mass. Rec., iv. (ii.), 62, 73, 141, 211 ; Hutch. Mass., i., 24S. Thom- as, Ilist. Print., i., 247, gives the date of this order erroneously as of 19 October, 1664, in- stend of 27 May, 1005.
· N. Y. H. S. Coll., i., 402-411; Col. MISS., xxii., 7, 107; Wood, 90; Hoffman's Treatise, i., 96, 97.
t Deeds, li., 123 ; Patente, i., 20; Thompson, i., 311; Doc. IIi. t., i., 463; Dunlap, ii., App. cxix. ; ante, vol. i., 227, 208.
00
RICHARD NICOLLS, GOVERNOR.
91
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nothing considerable of value to take away her life." As CHAP. IL. to the man, there was "nothing considerable to charge him with." The court thereupon sentenced Hall to give a re- 1665. cognizance for his wife's appearance from Sessions to Ses- sions, and be of good behavior while they remained within the government .*
In consequence of the war between the United Prov- inces and England, Nicolls now ordered in council that all 10 October. the lands and property within the territories of the Duke Property of Dutch of York, belonging to Dutch subjects who had not taken subjects the oath of allegiance to the king, should be confiscated to cated. his majesty's use. This decree was entered on the records ; yet while, " for reasons and considerations" satisfactory to the governor, it was not made public, it was to stand as firm and effectual " as if the same had been publicly de- clared and manifested."t
Nicolls, however, did not dislike the Dutch. When it was found that the salary of their ministers at New York had fallen into arrear, the governor directed the mayor 26 Decem. 27 Decem.
and aldermen to enforce a contribution of twelve hundred guilders for their support. As Megapolensis and Drisius also preached in some of the parishes on Long Island, the people of Bushwick were directed to raise a proportion of the sum .¿
affairs.
To the duke Nicolls modestly reported : " My endeavors November. have not been wanting to put the whole government into one frame and policy, and now the most refractory Repub- licans can not but acknowledge themselves fully satisfied with the method and way they are in. * * * I have been
* Court of Assizes, il., 30-42; Doc. Ifist. N. Y., iv., S5, SJ; Yates's note to Smith, ed. 1811; Wood, 24; N. Y H. S. Coll., 1., 326; Col. Rec. Coan., i., 77; New Haven Col. Rec., ii., 576. One of the last acts of Governor Nicolls, just before he left New York, was to re- lease Hall and his wife from their bonds, on 21 August, 166S : Ord., Warr., etc., ii., 216, 217; Doc. Ilist , iv., 86. By the statutes of England (33 HIen. VIII., cap. S, and 1 Jec. I., cap. 12), witchcraft, sorcery, and the invocation of evil spirits were felony, without benefit of clergy. These English laws were not repealed until 1736. It is worthy of remark, that >1 the 10th of March, 1665, a few months before Hall and his wife were acquitted in New York, "two wrinkled old women" were convicted of bewitching, before Sir Matthew Hale, chief baron of the English Court of Exchequer, at Bury Saint Edmonds, and were hung, protest- ing their innocence: Howell's State Trials, vi., 647-702; Campbell's Chief Justices, i., [02-566.
t New York Surrogate's Rec. Wills. i., 1, 2; Val. Man., 1847, 351. By virtue of this de- cree, Hog Island in Hellgate, afterward called Manning's, and Blackwell's Island, was, among other property, confiscated : Patents, i., 129. The earlier volumes of records in the New York Surrogate's Office are fall of documents of general interest to the state, copies of which, at all events, ought to be preserved in the Secretary's Office at Albany.
: Ord., Warr., and Lett., il., 24: Dunlap, i., 120; N. Y. City Rec., vi., 73, 103; Thomp- son, iL, 153, 159 ; Hist. Mag., i. (ii.), 322.
92
HISTORY OF THE STATE OF NEW YORK.
CHAR. II. more industrious than in all the other actions of my life to 1665. this day; and what I have done towards the settlement of laws in the government, Mr. Coventry will show to your royal highness." At the same time the governor sent over "a copy of the laws as they now stand, with the alterations made at the last General Assizes, which," he added, if the duke should " be pleased to confirm, and cause them to be printed at London, the whole country will be infinitely obliged."
Laws sub- mitted to the duke.
Condition of New York.
The condition of the metropolis Nicolls told in feeling terms. Its whole trade, "both inwards and outwards, is lost for want of shipping." The people of Long Island were very poor, and labored only to get bread and cloth- ing. From the city of New York alone " is the great hopes of all the benefit which can arise to your royal highness ; and, if my former proposals of encouragement meet with a good answer, I may, without boasting, assure your royal highness that within five years the staple of America will be drawn hither, of which the brethren of Boston are very sensible."
Want of eupplies.
This prophetic remark was made by Nicolls after he had visited the capital of Massachusetts in the previous spring. Yet New York, at that day, sadly wanted those comforts to which even English private soldiers were accustomed. "Such is the mean condition of this town, which I am sure is the best of all his majesty's towns in America, that not one soldier hath to this day, since I brought them out of England, been in a pair of sheets, or upon any sort of bed but canvass and straw.". Owing to the want of supplies, the whole charge of four garrisons had fallen upon the governor, which had nearly ruined his private fortune. Cartwright's capture was very unlucky, because, among other things, it had prevented the duke from receiving a · full detail of the condition of his province. Op pressed by these considerations, Nicolls asked to be relieved from his goverment, and proposed as his successor "Harry Nor- wood," who had returned to England in the Guinea, after the conquest, and " whose temper would be acceptable both to the soldiers and country.""
" Col. Doc .. ili., 104, 106; Chalmers. 1., 575, 576, 597, 500; Gen. Ent., i, 62; N. Y. City Rec., vi., S3, 57. Norwool appears to have been governor of Dunkirk and deputy governor
93
RICHARD NICOLIS, GOVERNOR.
Yet gloom was relieved by news that the English had CHAP. II.
1665.
gained a great naval victory over the Dutch in the North Sea, and that the Duke of York, "to whose wisdom and courage" the result was attributed, had escaped unhurt. This event was celebrated in New York with "a general joy and thanksgiving ;" and Nicolls assured his chief that Thanks- "it hath revived our spirits, and is antidote both against .giving. hunger and cold, until such time as your royal highness shall think us worthy of a nearer consideration."*
Before war opened between England and the United Affairs iu Provinces, De Witt and D'Estrades had many conferences Europe. about the interference of France. The States General, while insisting upon a reciprocal restitution of conquests, were willing to adopt the French suggestion that hostilities should be confined to New Netherland in America and Guinea in Africa, without affecting Europe. Charles hav- ing accepted the mediation of Louis, the French king 24 April. proposed that New Netherland should be exchanged for 26 May. Poleron, one of the Banda or Nutmeg Islands, which the Hollanders had retaken from the English. But this was declined by the Dutch, who maintained that if conquests 27 May. were mutually restored, they would only receive back what had been "ravished from them in full peace," and which the English " could not appropriate by any just title, nor retain under any probable pretext."+
Hostilities now began vigorously. Off Lowestoffe, on the fly June. coast of Suffolk, the Duke of York, with a large English Battle tv -- tween the
fleet, fought the Dutek under Admiral Opdami, whose ship: Dutch An1 blew up. After an obstinate combat the Dutch retired to Lowestoft: English At their ports, and the English remained, for a short time, masters of the sea. James returned in triumph to London. An English medal was struck bearing the words " Quatuor maria vindico" -- I claim the four seas. But the bonfires in London which celebrated the victory glared over i doomed city. The plague broke out. The appalled court November. fled from Whitehall. During the next five months the London. Plagte in metropolis was almost a desert. Thoroughfares were over-
«J Tangier, and in 1671 to have been granted the quit-rents of Virginia : Pepys, i., 46, 355;
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