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Territori extent of patent.
I
CHO STATE SUIT NO
17
THE DUKE OF YORK'S PATENT.
or any statute to the contrary, this patent to the Duke of York should be "good and effectual in the law, to all in- tents and purposes whatsoever." This instrument, clearly defective in many material points, was much less cumber- some than those which the kings of England had previously sealed to American proprietaries. It was the most impu- dent ever recorded in the colonial archives of England. But its crisp clauses warranted all that a despot could de- sire."
The duke's parchment title now appeared to be com- plete. The next step was to give it validity by obtaining possession. James was informed that his newly-patented territory might yield him thirty thousand pounds a year, and he was anxions to enjoy his anticipated revenues, Ixniceably or by force. To this end, it was necessary that the person to secure and govern the prize should be well selected. The duke was singularly fortunate in the choice he made. There was at this time in his household Colonel Richard Nicolls, a gentleman whom he had long known, Colonel and in whom he justly felt great confidence. Nicolls was Nicolls. born in 1624, at Ampthill, in Bedfordshire, where his an- vestors had lived in great esteem. His father was a barris- ter of the Middle Temple, and his mother a daughter of Sir George Bruce, ancestor of the Earl of Elgin. At the Uni- versity he distinguished himself as a scholar; but on the breaking out of the civil war in 1643, he left his college whatl joined the royal forces, in which he obtained the com- mand of a troop of horse. Nicolls adhered faithfully to the royal cause, and shared its fortunes. Attaching him- self in Paris to the Duke of York, he served with him in the French army under Turenne, and afterward on the other side under Don John of Austria and the Prince of Conde. At the Restoration Nicolls returned to England, and was made a groom of the bedchamber to the duke. His sincerity, courage, capacity, and prudence recommend- el him for the most important trust which his patron could how confer. Nicolls was accordingly commissioned by the 2 April.
* Patente, L. 100; Duer's Life of Stirling, 37, 38: D' Estrades, iii., 334; Chalmers's Ann., t. 4:1. 30; CHl. Doc .. il., 205-298, 400, 507 ; ili., 47, 48, 215, 225, 240, 260. 606, GOT, 796 ; v., 1 X36; v1. 36; vil .. 431, 504, 596, 507; viii., 107, 436, 440; Maine II. S. Coll., v., 2-6; **** * g an ! Spicer's Grant and Concessions, 3-8; Smith's N. Y., i., 15; Thompson, ii., 108 : 1% ; W .. d. 6. nota; Palfrey, il., 580; ante, vol. i., 725, 726. The original patent, beau- Warenpresed, is in the State Library at Albany ; a copy is in Appendix, Note .A.
CHAP. L 1664.
18
HISTORY OF THE STATE OF NEW YORK.
CHAP. I.
1664. Appointed Deputy Governor.
Duke of York to be his deputy governor during pleasure, within his American proprietorship, to execute all the pow- ers granted by the patent, and obey such orders as he might receive. A set of instructions from the duke was also given to Nicolls for his general guidance."
Royal Commis- sioners to New En- gland.
The king now determined to soud commissioners to New England, as he had announced his purpose of doing a year before. They appear to have been selected by the Duke of York. The first was Colonel Richard Nicolls, whom he had just commissioned to be the deputy governor of his yet unpossessed transatlantic territory. The second was Sir Robert Carr, a needy Royalist knight, of loose princi- ples, avaricious, and supercilious, and a " rank papist," who had already been talked of as governor general of New England. The third was Colonel George Cartwright, of Nottinghamshire, "naturally morose, saturnine, and suspi- cious," but clear-sighted and energetic. These three were officers in the royal army. The fourth commissioner was Samuel Maverick, an ardent Episcopalian, who had lived from his youth in Massachusetts, of which he was the avowed and well-informed enemy, and who, with Scott and Baxter, had just before advised the Council of Plantations respecting the best means of subduing New Netherland. To these four persons a royal commission was issued, di- recting them, or any three or two of them (of whom Nicolls was always to be one), to visit the several New England colonies, and " examine and determine all complaints, and appeals in all cases and matters, as well military as crim- inal and civil, and proceed in all things for the providing for and settling the peace and security of the said country, according to their good and sound discretion, and to such instructions as they, or the survivors of them, have, or shall from time to time receive."+
25 April.
* Col. Doc., ii., 231, 400, 507; ili., 133, 134 ; Thompson's Long Island, ii., 325; Clarke's James II., 1., 54; Chalmers's Pol. Ann., 1 , 523 ; Lyson's Magna Britt., i., 38; Lister's Claren- don, i., 364; ii., 250 ; N. Y. II. S. Proc., 1844; App., 116-11%; Notes and Queries (2d series), iii., 214-216; Nichols's Topographer and Genealogist, iii, 509-544 ; Leaming and Spicer, 665-667; Patent:, i., 146; ante, vol. i., 727, 136. A copy of Nieolla's Seal is in Hist. Mag., ix., 177. A copy of Nicolls's Commission is in Appendix, Note B. His Instructions from the Duke, which were exhibited at Hemp-tead in March, 1665, are not on record at Albany, nor did I fini them in the State Paper Office at London. Perhaps they were lent to Evelyn in 1671, and he may not have returned them : Pepys, iv., 221, 222; Evelyn, iii., 241, 210 ; post, p. 422, note.
t Hutch. Mass., i., 225, 230, 250, 535; Evelyn, il., 65; Chalmers, 1., 356, 432; Winthrop,.
19
INSTRUCTIONS OF THE ROYAL COMMISSIONERS.
It was the duty of the secretary of state to prepare in- CHAP. I. structions for the commissioners. But the lord chancel- lor had given minute attention to the affairs of the New 1664. England colonies, and, in the plan which he drew up for their visitation, had considered them as "already well-nigh ripened to a commonwealth." To Clarendon, therefore, appears to have been assigned the task of drafting the com- missioners' instructions, of which there were different sets 23 April. relating to the several colonies. In those for their private tions of the Instruc- direction they were thus instructed : "You may inform all sioners. commis- men that a great end of your design is the possessing Long I-land, and reducing that people to an entire submission and obedience to us and our government, now vested by our grant and commission in our brother the Duke of York, and by raising forts or any other way you shall judge most convenient or necessary, so to secure that whole trade to our subjects, that the Dutch may no longer engross and exercise that trade which they have wrongfully possessed themselves of; that whole territory being in our possession before they, as private persons, and without any authority from their superiors, and against the law of nations and the good intelligence and alliance between us and their supe- riors, invaded, and have since wrongfully obtained the same, to the prejudice of our crown and dignity, and therefore ought in justice to be resumed by us, except they will en- tirely subinit to our government, and live there as our good subjects under it; and in that case you shall let them know, both by private significations and treaties, or by any public declaration set out by you in our name, that we will take them into our protection, and that they shall continue to enjoy all their possessions (forts only excepted), and the same freedom in trade with our other good subjects in those parts." It would be difficult to find in any official document of any government a more impudent falsehood than the one in this clause, that the "whole territory" of New Netherland had been in the "possession" of the En-
L. ** : MAs. I. S. Coll., xxx., 24; M .S. C .,; By's M., ., 0; Col. Por , IL .. 01, 92, 94; Patenta, i., 143-150; Hazard, ii., 63S; Trumbull's Conn., i., 522 ; ante, 7 4. L. 736. Palfrey, il., 580, note, errs in confounding Sir Robert Carr, Knight, the com- mittuner rwho died at Bristol, 2d June, 1667 ; Col. Doc. , iii., 161; Morton's Memorial, 315, *ser : smith, 1., 33, note), with Sir Robert Carr, Baronet, of Sleeford, in Lincolnshire, who * ** Med a sister of Secretary Bennet, and certainly was alive in 1668: compare Collina's Tengo Iv , 312, 330; Evelyn, i., 40: ; Pepys, iii., 206, 427.
20
HISTORY OF THE STATE OF NEW YORK.
CHAP. I.
1664. glish crown before the Dutch "wrongfully obtained the same." Several other particular directions were given to the commissioners, who, when in New England, were to avoid giving any offense in matters of religion, and even to frequent the Puritan churches, while their own Episco- palian chaplain was not to wear his surplice, " which, hav- ing never been seen in those countries, may conveniently be forborne at this time." The main object of the king, however, was to obtain such alterations in the charters of the New England colonies as would give him the appoint- ment of their governor and of the commander of their mi- litia. "We should look upon it as a good omen," said Charles, " if they might be so wrought upon at the General Assembly as that Colonel Nicolls might be chosen by them- selves for their present governour, and Colonel Cartwright for their major general."
Royal letters were also addressed to the several colonies. The reasons for the visit of the commissioners were ex- plained in soothing language; the motives for subduing the Dutch, and "the benefit and advantage which, with God's blessing, must accrue" to New England from the reduction of New Netherland, were seductively exhibited, and a full compliance with all the king's desires was required. "For the glory of the matter," these letters were dated on Saint George's day .*
23 April. Royal let- ters.
The En- glish expe- dition against New Nether- land.
The Duke of York, who, as lord high admiral, directed the fleet, now borrowed several men-of-war from the king. They were the Guinea, of thirty-six guns, Captain Hugh Hyde ; the Elias, of thirty, Captain William Hill; the Martin, of sixteen, Captain Edward Grove; and a char- tered transport, the William and Nicholas, of ten, Captain Morley. About four hundred and fifty of the king's vet- eran soldiers, forming three full companies, which were commanded by Colonels Nicolls, Carr, and Cartwright, were embarked on the squadron. Nicolls was commander-in- chief of the expedition. Among the commissioned officers serving under him were Captains Matthias Nicolls, Daniel Brodhead, Robert Needham, Harry Norwood, and Ensign Sylvester Salisbury, of the British army, some of whom,
* Col. Doc., ii., 237; ill., 51-63; OMAmixon, 1., 238 ; Trumbull, i., 523; Holmes, i., 633, note; Hazard, ii., 064; Palfrey, 1., 193, note ; il., 550, 519, 579, 592-556; iii., 238.
Fra-BHT MO YAOTaIH
THE ENGLISH EXPEDITION AGAINST NEW NETHERLAND. 21
intending to settle themselves permanently in the Dutch province after its reduction, were accompanied by their families. The forces were "exceedingly well fitted with all necessaries for warre, with such ingineers and other expe- dients for the forcing the strongest fortifications." Nicolls and Cartwright went on board the Guinea, while Carr and Maverick embarked in the Martin. The expedition set sail ag May. from Portsmouth, with orders to assemble in Gardiner's Bay, at the eastern end of Long Island."
Intelligence of these preparations soon reached the Hague. Stuyvesant had already warned the West India 29 Febru- Company of the intended grant of Charles to the Duke of ary. York, and that not only Long Island, but the whole of New Netherland, would be lost, unless speedily re-enforced from Holland. But the company, now on the brink of bank- ruptey, wrote back, with marvelous infatuation, that the king, " being inclined to reduce all his kingdoms under one 21 April. forın of government in Church and State, hath taken care that commissioners are ready in England to repair to New England to install bishops there, the same as in Old En- gland ; therefore we believe that the English of the North, who mostly left England for the aforesaid causes, will not Infatuation give us henceforth so much trouble, and will prefer to live in Holland. under us with freedom of conscience, rather than risk that in order to be rid of our authority, and then again to fall under a government from which they formerly fled." Nev- er was the Puritan sentiment in New England more thor- oughly misapprehended than by the Dutch West India Company. Scarcely had this absurd letter been dispatch- ed before the real purpose of Nicolls's expedition was bet- ter understood. In great concern, De Witt sought from Downing some explanation of the report of the English " sending to take New Netherland." The British envoy is May. replied, " I know of no such country but only in the maps;" and he boldly insisted that "the English had the first pat- tern of first possession of those parts." The Dutch govern-
· Cel. Dre, IL., 243, 372, 410, 423, 445, 501; iii, 65, 66; Mass. H. S. Coll, XxxVI., 527; *mit !.. 1 .. 10; Clarke's James IT., i., 400; l'epys, iv., 353; N. Y. General Entries, i., 2, 3, 22, :", / *: Valentine's Manual, 1860, 502: Wood, 144; ante, vol. i., 736, 744, note. Of the En- clas officers who accompanied Nicolls, the family of Captain Matthias Nicells settled on Las Hand, and those of Captain Daniel Brodhead and Ensign Sylvester Salisbury in UI- wtt: unty, in the province of New York. Numerous descendants now bear these aucestral Exramt. Se abo N. Y. IL. S. Coll. (1969), 57.
CHAP. L 1664.
IT
Ha
22
HISTORY OF THE STATE OF NEW YORK.
1664.
CHAP. I. ment was now sufficiently warned of the danger which menaced New Netherland. But a purblind confidence in the lionor of Charles, and an unjust estimate of the impor- tance of its American province to the fatherland, clouded the judgment of De Witt. Prompt orders to De Ruyter, who was now on his way to the Mediterranean, might have hurried his squadron to Manhattan in time to assist Stuy- vesant, and give the Duke of York's expedition a memo- rable repulse. But, unhappily, the Dutch province was un- der the immediate government of a commercial monopoly which had but little popular sympathy. "What !" cried the commonalty at the Hague, " must we have a war for the East and West India Companies? We will rather pull them by the ears."" And so the fatherland abandoned New Netherland to her fate.
Nicolls's squadron worked slowly to the westward. It was nearly ten weeks before the first of his ships reached New England. In the mean time, Appleboom, the Swedish minister at the Hague, awakened from its sleep of eight 24 Juna. Swedish com- plaints. years the complaint of his king against the proceedings of Stuyvesant on the Delaware in 1655. In a well - written memorial to the States General, he demanded that the West India Company should be ordered to restore the " wrested lands" to the Swedish Company and pay all damages. This should be speedily done, because it was reported that the Dutch Company "were themselves now questioned by 1. August. Others in those parts." Two months afterward, the Am- sterdam chamber submitted a full justification of their pro- ceedings against the Swedes ; and here the question, which 29 Sept. had been revived " for form's sake," was ended.t
9 October.
Appleboom's suggestion was almost a prophetic sneer. The Dutch were, indeed, effectually " questioned by others" in New Netherland. In alarm at the now certain destina- tion of Nicolls's squadron, the West India Company de- manded assistance from the city of Amsterdam, and asked the States General for "three hundred soldiers as a re-en- forcement for New Netherland, and a ship of war to op-
23 June.
S July.
. * Lister's Clarendon, ill., 307, 310, 318, 320, 322 : Kennett's England, ili., 251, 253; D'Es- trades, il., 435; Col. Doc., ii., 220 237, 367, 400, 408, 421, 431, 432, 422, 403, 505, 507 ; Letter of W. I. Co. to S. G., 20 .June, 1664, MS., N. Y. Historical Society; Mass. Rec., iv. (ii.), 101- 110; Palfrey, ii., 376, 586, 587.
+ Col. Doc., 1 .. 615; il., 240-212, 248, 247, 258-200; Aitzemi, v., 217-240 ; Holl. Merc, 1664, 135-187; Lister's Clarendon, ill., 359; ante, vol. i., 022.
12 3 0
RS
881
THE ENGLISH EXPEDITION AGAINST NEW NETHERLAND. 23
pose the English designs there." But Van Gogh, the am- CHAP. I. bassador at London, reported that the king constantly pro- tested that "he would not in any way violate his alliance 1664. with the Dutch ;" and the States General, wishing to give io July. 80 Jane. no umbrage to England, refused the company's request for The State : General r - to d fend New assistance. Early in the autumn, Van Gogh wrote that it was rumored that the English had taken Long Island, and Nether- intended to reduce New Amsterdam and the rest of New il Sept. land. Netherland. Soon afterward the West India Company no- 6 October. 26 Sept. tified the States General that Stuyvesant's dispatches au- nounced that the Duke of York had already reduced Long Island, and was about to attack New Amsterdam, the cap- ital, " and thereby to erase the name of New Netherland from the map, and cause a loss of millions to the company." The same week intelligence reached London that the Dutch 29 Sept. had been " beat out" of Guinea and New Netherland, " with- 9 October. out public knowledge or reason," according to the honest notion of Pepys, the clerk of the Admiralty. The king did "joy mightily at it." The mask need no longer be worn. " But," said Charles to his vice-chamberlain Carteret, laugh- ing, "how shall I do to answer this to the ambassador when he comes ?"*
Meanwhile Nicolls and Cartwright, with part of the 23 July. squadron, had reached Boston after a tedious voyage, and Boston. Nicolle at had dispatched a letter to Winthrop requiring the assist- ance of Connecticut. This was very readily given. At the suggestion of the commissioners, the Massachusetts au- thorities, with evident unwillingness, ordered two hundred 3 August. volunteers to be called out to aid in reducing New Neth- erland. The West India Company, as we have seen, had cherished the absurd belief that the Puritan colonists would not assist the royal forces in overthrowing the government of New Netherland, in which " freedom of conscience" was so fully recognized. But the English jealousy of the Dutch, which New England fostered, together with a curious notion of loyalty to the king, prevailed over Puritan dread of epis- copacy. Nevertheless, the backwardness of Massachusetts
· Cat. Doc., ii .. 243-246, 253, 255, 256 ; Lingar.1, xii., 168; Davies, iii., 25; Rapin, il., 637, «'A Parliamentary History, iv., 208-302; D' Estrades, ii., 450, 460, 424; Lett. of De Witt, A.S. A. 242; Perya, il , 171. It is another instance of the ignorance which English sch lars a restantly di play in regard to American history, that the editor of Bohn's recent edition Ciszy repeats the erroneous statement of Hume, vi., 383, and others, that the expedition * tagder! New Netherland was commanded by Sir Robert Holmes.
.
24
HISTORY OF THE STATE OF NEW YORK.
CHAP. L. gave Nicolls and Cartwright an opportunity to complain to Secretary Bennet. As soon as the rest of the English 1661. ships reached Boston, Nicolls wrote again to Winthrop at 20 July. Hartford, and also to Captain Thomas Willett at Plymouth, desiring them to meet the commissioners at the west end of Long Island, whither the expedition soon afterward 38 August. sailed. The squadron, piloted by New England mariners, The squad-
ron at Ny- anchored at Nyack or New Utrecht Bay, just inside of Co- ack.
ney Island. Here the royal commissioners were joined 'by Winthrop and his son Fitz John, with Willys and sev- eral other Connecticut magistrates. Willett also appeared on behalf of the new Plymouth colony, and "greatly rec- ommended himself to the commissioners by his activity and intelligence." Scott was likewise at hand, with men from New Haven, "pressed by authority," to go with him to Long Island. A number of militia, summoned from Southold and the other towns at the eastern end of the island, soon appeared in arms under the command of Captain John Younge. Thomas Clarke and John Pynchon also came from Boston with a report of its military arrangements. But, as there was already an overpowering force collected, the services of the Massachusetts troops were found to be unnecessary.#
Connecti- cut, Plym- outh, and Massachu- sett 4 dele- gates.
18 August. New Am- stordam blockaded. All the approaches to New Amsterdam by land and wa- ter were immediately blockaded, and communication be- tween the city and Long Island, Bergen, and Achter Cul was cut off. The block-house on Staten Island, opposite the squadron, was occupied. Several coasting vessels, on their way to the South River, were captured. The Long. Island farmers were forbidden to furnish any supplies to the capital, on pain of destruction of their property. At 30 August. the same time a proclamation was issued by the commis- sioners on board the Guinea, copies of which were " seat- tered broadcast" among the Dutch towns, and soon found Proclama- tion of the their way to the burghers of the metropolis. "Forasmuch," Royal Com- were its words, " as his majesty hath sent us, by commission missioners.
under his great seal, among other things to expel or to re-
* General Entries, 1, 2-7; Col. Doc., il., 225, 296, 372, 400, 410, 438, 444 ; iii., C5, 66, 84 ; Chalmers, Ann., i., 396, 387, 573 : Mass. Rec., iv. (IL), 117-128, 141, 149, 157-165; Mass. H. S. Coll., xviii., 92-94 ; xxxvi., 527, 523; Hutch. Mass., i., 230, 231; Barry, i., 390, 391; Pal- frey, ii., 579, 586, 501 : fff., 234, 238; Morton's Mom., 311. note : New Haven Rec., ii., 550; Trumbull, i., 267 ; Smith, i., 17, IS ; Wood, 27 ; Thompson, i., 127 ; ante, vol. i., 737.
1
25
PROCLAMATION OF THE ROYAL COMMISSIONERS.
duce under his majesty's obedience all such foreigners as CHAP. I. have without his majesty's leave or consent seated them- selves amongst any of his dominions in America, to the prej- 1664. udice of his majesty's subjects and the diminution of his royal dignity, WE, his Majesty's Commissioners, declare and promise that whosoever, of what nation soever, will, upon knowledge of this proclamation, acknowledge and testify themselves to submit to this his majesty's government, as his good subjects ought to do, shall be protected by his majesty's laws and justice, and peaceably enjoy whatsoever God's blessing and their own honest industry have fur- nished them with, and all other privileges with his maj- esty's English subjects. We have caused this to be pub- lished that we might prevent all inconveniences to others, if it were possible; however, to clear ourselves from the charge of all those miseries that may any way befall such as live here and will not acknowledge his majesty for their sovereign-whom God preserve." The inhabitants of the several towns on Long Island were also specially sum- moned to meet the commissioners at Gravesend on the fol- lowing Thursday .*
In the mean time, Stuyvesant, on receiving the letter which the West India directors had written to him in April, was somewhat relieved from fear of an attack by the English, although he could not refrain from writing to 25 July. the company that the design of the royal commissioners 4 August. was rather against New Netherland than for the "imag- ined reform of New England." Willett, of Plymouth, who had originally warned him of the danger, now contradicted his previous statements, and the director incautiously went 27 July. up to Fort Orange to repress some disorders among the In- dians in its neighborhood. Upon learning the approach of at fort the English expedition he hurried back to New Amster- Returns to Orange. dam, which he reached only the day before the Guinea New Am- terdanı. mnichored in Nyack Bay. According to the rule "in such critical circumstances," the burgomasters were called into The city
6 August. Stuyvesant
15 August.
magi+- vouneil, and every thing possible was done for the forti- trates called into fication and defense of the city. But its condition was council.
* KA. Dec., li., 372, 410, 411, 434, 438, 443, 444, 476 ; General Entries, i., 7, S; Colonial Mangerripts, v. (iil.), 202-303 ; Albany Rec., xxii., 507, 585; Smith, i., BST, 3SS; S. Smith's Ar w /. rory, 36, 27 ; Oyster Bay Rec., A., 10 ; O'Call., ii., 521, 522; Thompson, i., 124, 1:5; ***** , ww4. 1, 738 ; N. Y. II. S. Coll. (1800), 58, 6S.
ITAMAL
26
HISTORY OF THE STATE OF NEW YORK.
CHAP. I. hopeless from the first. No aid could be obtained from 1664. Long Island. The regular soldiers in the garrison did not exceed one hundred and fifty; and the burghers-of whom only two hundred and fifty were able to bear arms- thought more of protecting their own property than of de- fending the open town. The whole city force, placed man Defense- less condi- tion of the metropolis. by man four rods apart, could not guard its breastwork. Fort Amsterdam itself was untenable against a regular be- leaguering, having been originally built to resist an attack of the savages rather than an assault by European arms. Houses were clustered around its low earthen walls, which in some places were not over ten feet high, and were com- manded, within pistol -shot on the north, by much higher ground on the " Heere-weg," or Broadway. Its six hund- red pounds of serviceable powder were not sufficient for more than a few hours' firing. Long before its extremity, Stuyvesant had given his military opinion, which modern judgment has only confirmed, that " whoever by water is The river its master. master of the river will be in a short time master by land of the feeble fortress." The contingency he dreaded had now happened, and the English squadron was in full com- mand of the harbor. Nevertheless, the director resolved to hold out to the last. At the request of the burgomas- ters, and to ascertain the condition of affairs on Long Isl- and, he sent four commissioners, representing the council 33 August. and the city, down to the English commanders, with a let- ter inquiring the object of their coming, and why they re- mained at Nyack without giving notice to him. Nicolls answered them that he had come to reduce the country to the obedience of the King of England, whose commission he exhibited; that he would not argue about his majesty's right, which he would leave to be vindicated by the king himself; and that, the next day, he would send a letter to New Amsterdam " over the ferry.""
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