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264
HISTORY OF THE STATE OF NEW YORK.
CHAP. VI. James, at Windsor Castle, on the people of New York. 1674. At the same time, he directed his provincial governor to lessen the charge of government there as much as pos- sible, " that so, by degrees, I may reap from thence some advantages, in return for the great expence and trouble I Equal ad- ministra- tice. have been at in protecting that colony." Justice was to be tion of jes- administered " with all possible equality, without regard to Dutch or English," so that all might see " their just rights preserved to them inviolably." The laws and orders es- tablished by Nicolls and Lovelace were not to be varied from " but upon emergent necessities," and with the advice of the council and the gravest and most experienced in- habitants ; and no alteration was to be valid unless con- firmed by the duke within a year. All writs were to run in the king's name. Magistrates were to be chosen "for their abilities and integrity," and no officers were to be ap- pointed "for above one year, or otherwise than during pleasure." The governor was to choose a council, not ex- ceeding ten, out of " the most prudent inhabitants," with whom he was to " consult upon all extraordinary occasions" relating to the public service. They were to hold their places during the duke's pleasure ; and they, as well as all other officers, were to take oaths of allegiance to the king, and of fidelity to the proprietor, as also one peculiar to the office. Freedom of conscience was secured. "You shall," were James's orders to Andros, " permit all persons, of what Religion soever, quietly to inhabit within the pre- cincts of your jurisdiction, without giving them any dis- turbance or disquiet whatsoever, for or by reason of their differing opinions in matter of Religion : Provided they give no disturbance to the public peace, nor do molest or disquiet others in the free exercise of their religion."
Magis- trates and officers.
Counsel- ors.
-
Freedom of religion in New York.
Brockholls lieutenant under An- dros.
In case of the death of Andros, Lieutenant Anthony Brockholls was to succeed him in his government. Brock- holls was of a Roman Catholic family in Lancashire, En- gland, and was himself "a profest Papist." The "Test Act" of 29 March, 1673, would have excluded him from holding office in England. But, as that statute did not ex- tend to the British American Plantations, the duke, him- self a victim of Protestant intolerance, was able to illus- trate his own idea of " Freedom to worship God," by ap-
265
THE DUKE OF YORK'S COLONIAL OFFICERS.
pointing a member of the Church of Rome to be his sec- CuAr. VI. ond colonial officer in New York."
1674.
By the king's special permission, the Duke of York raised a company of infantry, consisting of one hundred men, be- sides officers, to serve in his province. Of this company he commissioned Andros to be captain, and Brockholls 1 July. lieutenant. Christopher Billop, who had "served the Reguiar king," and whose father was an importunate office-seeker, officers in military was appointed second lieutenant, and Cæsar Knapton en- sign. A surgeon and a chaplain were likewise established for the forces in New York.t
James also chose William Dyer, or Dyre, formerly of Rhode Island, and who, the autumn before, had planned reconquest, to be the collector of his provincial customs. Dyer was instructed to receive all the customs' duties ac- ? July. cruing to the duke within the territory granted to him by lector of the king, and pay them over to Andros, whose farther di- rections he was to follow, and to whom he was to report from time to time. No trust was to be allowed to any one, and all duties were to be paid in money or goods. The collector was not to trade as a merchant ; and all rev- Que differences with importers were to be determined by "the ordinary magistrates of the place, or otherwise, as hath been hitherto accustomed."#
One of the motives to the Duke of York's second patent was the peculiar condition of New Jersey. James con- sidered that his former release of that region to Berkeley New Jersey and Carteret was annulled by the Dutch conquest-just as affaire. his own grant from the king had been. But both his grantees were old courtiers, and more than his match, where their own interests were at stake. They played
' Col. Doc., iii., 216-219, 657, 674; iv., 106; Burke's Commoners, iv., 421; ante, 202. Brockholls, although a Roman Catholic, was married to Susanna Maria, daughter of Pau'as Schrick, of New York, and a member of the Reformed Dutch Church, in which their children were all baptized. One of these children, Susanna Brockholla, married Philip French, Jun., And their daughter Susanna married William Livingston, governor of New Jersey, by whom she had Judge Henry Brockholst Livingston, and others: N. Y. H. S. Coll. (ii. ), i., 395; Cot. Doc,, iv., 664; Val. Man., 1863, 743, 809: Sedgwick's Livingston, 59, 60, 236, 239. The usual English spelling of the name was " Brockholes;" but the major's autographs in the Secretary's Office at Albany are written "Brockholls." The Dutch Church Records make the name "Brockholst," and this appears to have been preferred by his descendants.
1 C .I. Doc., ill., 219-221, 239, 276, 254; Pepys, iv., 53. . It is not known what chaplain Accompanied Andros to New York in 1674 : Hist. Mag., v., 153, 156, 159; Col. Doc., iii., 415, Note: Gen. Ert., xxxii., 93; N. Y. H. S. Coll. (1860), 157 : ante, 45, note.
: Chalmers, i., $50; Col. Doc., if., 721; iii., 207, 221-226, 315; iv., 353; R. I. Col. Rec., i., 9%; il., 108, 396; Val. Man., 1853, 357; ante, 247, 263; vol. i., 537.
New York.
Dyer col-
New York.
266
HISTORY OF THE STATE OF NEW YORK.
CHAP. VI. their own separate games with skill, and eventually they beat the duke.
1674.
18 March. Conveys his undi- vided half of New Je sey to Byl- linge and Fenwick.
After returning from his lieutenancy of Ireland, Berke- ley was appointed ambassador in France. IIe had found John Lord that his American proprietorship verified the prediction of Berkeley. Nicolls, that its profit, if any, would only benefit his grand- children. Berkeley, therefore, shortly after the Treaty of Westminster, in consideration of one thousand pounds, conveyed to John Fenwick, an old Cromwellian soldier, in trust for Edward Byllinge, a broken-down London brewer, his undivided half of New Jersey, together with such " franchises, liberties, governments, and powers" as had been granted to him by the Duke of York in 1664. Both of Berkeley's grantces were Quaker disciples of George Fox, who had just returned from America. They probably calculated that they had secured a bargain. Yet Berkeley's conveyance to Fenwick was a very doubtful parchment. If, by reason of the Dutch reconquest of New York and New Jersey, the Duke of York was obliged to procure a new patent from the king, it was much more necessary for Berkeley to obtain a new release from his own grantor. Nevertheless, the bargain stood as it was thus concluded, just three months before Charles made his second grant to his brother ; and Berkeley re- joiced that he had touched his thousand pounds, and was rid of any concern in New Jersey .*
But Berkeley's old copartner, Sir George Carteret, was differently situated. He had no motive to part with his Sir George interest in New Jersey. He had come back from Dublin Carteret. to resume his place near the person of his sovereign. It was not difficult for the domineering courtier to warp his easy king. Charles, accordingly-a fortnight before his own second patent to his brother for New York and New Jersey had passed the great seal-was prevailed upon to 13 June. The king's letter in Carteret's favor. sign a letter declaring that Sir George was "seized of the Province of New Caesarea or New Jersey, in America, and of the jurisdiction thereof," and commanding its inhabit- ants to obey his government, "who hath the sole power.
* Leaming and Spicer, 61, 65, 413; Chalmers, i., 617: S. Smith, 79, 80, 5G7 ; Gordon, 34: Burnet, i., 267; Col. Doc., iii., 105; Fox's Journal, 465; Sewell, 512; Bancroft, il, (C3: Grahame, i., 465, 473, 414; Whitehead, 65, 67; Dixon's Life of Penn (ed. Philad., 1-521. 136; Dankers's and Sluyter's Journal, 241-243 ; ante, 85, 150, 260, 261.
£ .
£
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THE DUKE OF YORK'S SECOND GRANT OF NEW JERSEY. 267
under us, to settle and dispose of the said country, upon CuAP. VI. such terms and conditions as he shall think fit."*
1674. Fallacy of Charles's letter in
Carteret.
Yet, when this letter was written, the king knew that the only way in which Carteret could be "seized" of New Jersey was by the duke's release in 1664, which made him favor of a joint owner with Berkeley, who had just sold his undi- vided interest to Fenwick. How, then, could Carteret have " the sole power" which Charles's letter attributed to him ? Moreover, at that very time the king had ordered a new patent, which he afterward sealed, granting to his brother "full and absolute power and authority" over all the territory between the Connecticut and the Delaware which had been relinquished to him by the Dutch in the Treaty of Westminster. New Jersey was a part of that territory ; and after James's patent was sealed, he stood, in place of the king, as its only proprietor. Carteret, there- fore, had no "power" at all in New Jersey. Whatever equitable claims Berkeley and Carteret, or their assigns might have had to the personal favor of James, they had no legal rights whatever to New Jersey after its conquest by the Dutch, and its second grant by King Charles to the Duke of York.
What followed is less clear. All that we know is, that the Duke of York-three weeks after he had commissioned Andros to be governor of the whole of his American ter- ritory -- was induced to direct his attorney general and his 23 July. solicitor general to prepare a grant to Sir George Carteret, in severalty, of a part of the portion which, ten years be- fore, he had conveyed to Berkeley and Carteret jointly. Accordingly, James-referring to the king's second patent 29 July. to him of 29 June, 1674 -- granted to Carteret and his heirs the Duke Grant by the tract of land " westward of Long Island and Manhattas New Jersey of York of Island, and bounded on the east, part by the main sea and i to Carteret 1 several- part by Hudson's River, and extends southward as far as a ty- certain creek called Barnegat, being about the middle be- tween Sandy Point and Cape May; and bounded on the west in a strait line from the said creek called Barnegat to a certain creek in Delaware River next adjoining to and below a certain creek in Delaware River called Rankokus Kill; and from thence up the said Delaware River to the
* Col. MSS., xxii., 160; Eliz, Dill, 35; Leaming and Spicer, 49; Whitehead, 64.
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268
HISTORY OF THE STATE OF NEW YORK.
Char. VI. northermost branch thereof, which is in forty-one degrees 1074. and forty minutes of latitude; and on the north crosseth over thence in a strait line to Hudson's River in forty-one degrees of latitude : which said tract of land is hereafter to be called by the name or names of New Cesarea, or New Jersey." But-as in the case of the duke's original release of 24 June, 1664-his second grant did not convey to Car- teret any of the " full and absolute power and authority to govern," which the king had intrusted to his brother .*
No powers of govern- ment granted.
Whatever may have been the scope of this instrument, its history is remarkable. Before he granted it, James is said to have "hesitated long, and at length sacrificed his personal interest, as well as the prosperity of New York, to his fatal esteem for Carteret." The duke himself after- ward declared that the grant was obtained from him " by surprise." The probability is that James found that he could not safely thwart his brother's imperious vice-cham- berlain, for whom, besides, he cherished "much esteem and regard." So, to make things easy at Whitehall, he gave away to Carteret the largest half of New Jersey, which that experienced courtier flattered him he chose " because near unto his government of New York ;" while it was really preferred " on the account of its being well settled with a sober and industrious people, which would invite others to come there, whereas the other was a desart."
Effect of the duke's grant to Carteret.
L'et James did not intend to "let go any part of his pre- rogative ;" for he made no alteration in the commission he had given to Andros. Berkeley's conveyance of his undi- vided interest to Fenwick was disregarded ; because, if the duke had been evicted by the Dutch conquest, much more so were his grantees in 1664. Carteret, however, took his new title, in severalty, knowing that in 1668 Staten Island had been " adjudged to belong to New York," and that it had been purchased for James in 1670.+
31 July. Carteret's -ions to New Jer- eey.
Esteeming himself, nevertheless, the sole proprietor of New Jersey, Carteret drew up some explanations of the former " concessions" of himself and Berkeley. In this in- strument Sir George distinctly recognized the annihilation
* Col. Doc., iii., 223, 224; Eliz. BiII, 7; Leaming and Spicer. 42, 46, 47, 48; ante, 82. 53. t Chalmers, i., 617 ; Col. Doc., ill., 229, 240; S. Smith, 548; Whitehead, 65. 67 ; Mass. IL. S. Coll., xxxvii., 315; Yonkers Gazette of S July and 5 August, 1805; ante, 149, 150, 166.
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269
JAMES'S FINAL INSTRUCTIONS TO ANDROS.
of his old rights by the Dutch conquest, and the recent CHAP. VI. fresh grant from the duke to himself. At the same time he commissioned his cousin Philip to be his provincial gov- 1674. ernor, and procured for him a passage in the frigate which was to convey Andros to New York .*
It was necessary for the duke to do another act before he could feel at ease about his title to Long Island and P'em- aquid. The consideration which he had promised to Lord Stirling in 1664 had never been paid. To obtain a release from the earl of " all his pretence of right and title," James granted to him for life a pension of three hundred pounds 30 July. a year, "out of the surplusage of the neat profits of the ling's pen- Lord Stir- revenue arising out of the said colony, all manner of charges, sion. be it civil or military, first deducted and allowed." At the same time, Lord Stirling agreed that, if the duke should procure for him " any employment or other satisfaction to the like value," he would release the grant of his annuity.t
James now gave several final directions to Andros. As f., Aug. soon as he should arrive at New York, the governor was to structions Final in- seize the estate of Lovelace, who was charged with being to Andros rom the duke. about seven thousand pounds in debt to the proprietor. Andros was also furnished with a copy of the "Duke's Laws," as established in New York by Nicolls and Love- lace, which, it was thought upon consideration, might be amended " in some particular clauses thereof." His origi- mal instructions were therefore modified so as to require him "to put in execution the said laws, except such as shall have apparent inconveniences in them;" and, after his settlement in New York, he was, with the advice of his conneil, to make such amendments as might be found nec- essary "for the ease and benefit of the people," and the good of the proprietor's service. These alterations were to be at once reported to the duke for his authority to put them in execution. Shortly afterward James's new govern- or set sail, accompanied by his staff and military forces, and by " a number of new colonists." They were conveyed by
' Eliz. Bill, 7, 68-40; Leaming and Spicer, 50-00; Doc. Ilist., iii., 45; Whitehead, 65, 60; ante, $3-$6, 150, 190, 200. Carteret was a kinsman of Andros : Hatfield, 178,
+ It seems that there never was any " surplusage of the neat profits" arising out of the r.venute of New York, and that the duke neither got any office for Lord Stirling, nor paid him any part of his stipulated annuity : see Col. Doc., ili., 42, 225, Coc, GOT; v., 330, 331; v.1., 430-432 ; Duer's Life of Stirling, 37-43; ante, 15, 16.
270
HISTORY OF THE STATE OF NEW YORK.
CHAP. VI. the frigates Diamond, Captain Richard Griffith, and Castle, Captain Cassibelan Burton. Besides Philip Carteret, the 1674. governor of New Jersey, Captain John Manning, who had been waiting for some months in England, returned to New York in the Diamond with Andros .*
1 Novem. Andros no-
to give pos- session of New Neth- erland.
24 October.
3 Novem. 1
The city authorities request privileges for the Dutch.
27 October. 6 Novem. Colve's de- mands.
The Dutch Church in New York.
22 October. In due time the British frigates anchored at Staten Island; and Andros sent Governor Carteret with Ensign Knapton tifies Colve to notify Colve that he was ready to receive from him " The New Netherland and dependances," now under his command. The Dutch governor, however, declined yield- ing possession at once, and required eight days to complete the necessary preliminaries. These were not mere formal- ities. They touched what the Dutch considered their es- sential rights, chiefly affecting religion and property. The burgomasters and schepens of the metropolis appointed Steenwyck, Van Brugh, and Beekman to welcome the En- glish governor on board the Diamond, and request from him some privileges "for the advantage of the common- alty." Andros desired them to "assure the inhabitants of the Dutch nation that they should participate in the same privileges as those of the English nation, and that his Ilon- or would, as far as possible, promote their interests ; refer- ring himself further to the Instructions given him by His Royal Majesty and Highness the Duke of York." Wish- ing more certainty, Colve sent Steenwyck and Captain Eppsteyn to Andros with several articles, to which he de- sired answers for the satisfaction of the Dutch government, and for "the greater tranquillity of the good People of this Province." These articles related chiefly to the set- tlement of debts; the validity of judgments during the Dutch administration, and the maintenance of owners in the possession of property ; "that the inhabitants of the Dutch nation may be allowed to retain their customary Church privileges in Divine service and Church discipline. besides their Fathers' laws and customs in the division of their inheritances ;" that they might not be forced to serve "against their own nation;" that each congregation might support its own poor; besides several other particulars.
* Col. Doc., ii., 733 ; iii., 226. 927; Doc. Hi-t., ili., 45, 54; Council Min., iii. (ii.), 6; Warr .. Ord., Pasz., etc., iii., 51 ; ante. 256. There is a copy of " the Duke's laws" in the State Pa- per Office, London : Board of Trade, N. Y., No. 110, 15 ).
£
271
EDMUND ANDROS, GOVERNOR.
Andros replied the next day by a general assurance that CHAP. VI. he would give satisfactory answers to most of the points, 1674.
being ordered to observe the articles of peace " in the best 2S October. and most friendly manner" toward the Dutch inhabitants, 7 Novem. and that he had directed Captain Matthias Nicolls person- reply. Andros's ally to confer with Colve on the subject. At this confer- ence Nicolls satisfied Colve that Andros would give the 2 October. desired answers as soon as he had assumed the govern- S Novem. ment. This assurance was honorably fulfilled .*
All preliminaries being now satisfactorily arranged, 30 October. Colve assembled the burgomasters and schepens, with the 9 Novem. burgher court-martial, at the City Hall, and announced Colve's farewell to that on the morrow he would surrender the fort and prov- New Neth- ince to Andros on behalf of the King of Great Britain; erland. and, after thanking them for their past services, absolved them from their oaths of allegiance to the States Gener- al and the Prince of Orange. The banners of the " Out people," and the cushions and table-cloth in the City Hall, were intrusted to Burgomaster Van Brugh until they should be claimed by "superior authority ;" and Colve then took his " farewell of the Assembly." The next day, be- ing Saturday, the tenth of November, according to the 10 Nover. New Style, " The Province of New Netherland was sur- erland re- New Neth- rendered by Governor Colve to Governor Major Edmund England. stored to Andros on behalf of His Britannic Majesty."+
Thus England once more became predominant over North America. From Carolina to Acadia its Atlantic coast obeyed the servants of her king. On taking posses- sion of his government, Andros's first official act was to swear in Captain Matthias Nicolls as one of his council, and appoint him to be again secretary of the province of "New York." The governor's other counselors, from time New York, to time, were Brockholls, Dyer, Phillipse, and the several points offi- and ap- mayors of the metropolis, Lawrence, Dervall, De Meyer, cerz. Van Cortlandt, and others. A proclamation was imme- diately issued, charging all persons to be peaceable .;
31 October.
31 October. 10 Novem. . Andros as- suines the govern- ment of
' Col. MSS., xxiii., 412-420; New Orange Records, vii., 253; Doc. Hist., iii., 45-51; Val. Man., 1852, 415-421 ; 1853, 498; ante, 250. See Appendix, Note C, for the documents illus- trating this negotiation between Colve and Andros.
+ New Orange Rec., vil., 254, 255; Val. Man., 1852, 421, 422; 1853, 498, 499; Doc. Ilist., I.L. 51, 52; Col. MISS., xxiii., 423.
+ Council Min., fit. (ii.), 1; Gen. Ent., iv., 295; Warr., Ord., Passes, ifi., 1; S. Hazard's Ann. Penn., 413; Mass. II. S. Coll., xxx., 112; ant , 211.
272
HISTORY OF THE STATE OF NEW YORK.
CHAP. VI.
1674. Domine Nicolans van Rens- selaer.
A quiet Sunday followed. Whoever was British chap- lain at the fort, it especially interested Domine Van Nieu- wenhuysen to learn that the Reverend Nicolaus van Rens- selaer, a younger son of the first patroon of Rensselaer- wyck, and an ordained clergyman in both the Dutch and the English churches, had come over with Andros, recom- mended by the Duke of York to be made "minister of one of the Dutch churches in New York or New Albany, when a vacancy shall happen."*
2. Novem. Letter of Andros to Colve.
Colve's coach and horses giv- en to An- dros.
Early on Monday morning Andros wrote a courteous letter to Colve, acknowledging his "generosity in all his proceedings" since the arrival of the English frigates; not the least touching mark of which seems to have been the gift by the Dutch governor to his successor of his coach and three horses. Andros likewise returned to Colve the articles proposed before the surrender ; almost all of which were agreed to, and certified by Secretary Nicolls, " pur- suant to the assurance given by those employed."t
i's Novem. Andros no- tifies the governors of the En- glish colo- nics. At the same time Andros notified the governors of the neighboring English colonies of his arrival, and of his as- sumption of the government of New York. Dyer was in- stalled as collector, and the duke's customs' rates publish- ed. Various local officers were also appointed. But, as 1. Novem. these could not all be selected at once, the governor, by Proclama- tion to con- proclamation, authorized the English magistrates who were tinue En- glish ofi- cers. in office in the several towns at the time of the Dutch con- quest, to act for six months, as before.}
3 Novem.
The most important point to be regained was Albany. Ensign Cæsar Knapton was accordingly sent thither, with Sergeant Thomas Sharpe and eighteen men, to take com-
* Van Nieuwenhuysen's Letter to Cl. Amst., 20 May, 1676 : Col. Doc., iti., 225; Doc. Ilist., iii., 526; O'Call., i., 122, 212; il., 552; Holgate, 42; Smith, i., 49, 388; N. Y. Christ. Int., 2 Nov., 1865; Ilist. Mag., ix., 352. It appears that Van Rensselaer had luckily prophesied to Charles the Second, at Brussels, that he would be restored to his throne. When that event occurred the Domine accompanied the Dutch ambassador, Van Gogh, to London, as chaplain to the embassy ; and the king, recollecting his prediction, gave Van Rensselaer a gold snuff-box, with his likeness in the lid, which is still preserved by the family at Albany. After Van Gogh left London beeause of the Dutch war in 1665, Domine Van Rensselaer re- ceived Charles's license to preach to the Dutch congregation at Westminster ; was ordained a deacon in the English Church by the Bishop of Salisbury ; and was appointed lecturer at Saint Margaret's Lothbury.
t Col. MSS., xxiii., 419, 420, 421; Dec. Ilist., ill., 48, 49, 50; Val. Man., 1852, 41S-421. Andros appears to have been the first English governor who used a coach and horses in New York, and they were a present from Colve : see Col. Doe., iv., 221, 275; ante, 923.
+ Gen. Ent., iv., 296-209 ; Council Min., ill. (fi.), 2, 3; Warr., Ord., etc., iii., 2, 3; Riker's Newtown, 90; Col. Rec. Conn., ii., 509 ; Col. Dec., iii., 217, 246; ante, 203, 265.
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