USA > New York > History of the state of New-York : including its aboriginal and colonial annals, vol. pt 1 > Part 25
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Hudson now bound, was in the boat; his son John (a youth who had been with his father in all his voyages,) was thrown alongside of him. Then were the sick and lame driven out of their cabins into the shallop, viz: Thomas Woodhouse, (Wydhouse) who had studied the mathematics, and had gone out with Hudson as a volunteer, and was now confined by sick- ness ; Sidrack Faner, who was lame; and Michael Bute and Adam Moore, who had never been well since the loss of the anchor. Henry King had been forced into the boat, and it was with the utmost difficulty they got Ladlo (the surgeon,) and Bute in, both of whom had railed at them in the beginning. Last came the carpenter, (Staff;) who, although invited to remain, would not stay with such villains, but only requested and re- ceived his chest of tools, and got from them, one gun, powder and shot, some pikes, an iron pot, with some meal and a few other articles. He first went to take leave of Pricket, (who
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294 European Discoveries and Claims to New- York. [PART I. could hardly move by reason of lameness he had contracted during the coldness of the winter). Pricket urged him to remain and use his influence to induce them to take back the rest. But the carpenter believed they would be glad to receive them, for he was assured by the master, that not one in the ship could navigate her home. He said the boat would follow the ship, and requested Pricket if he arrived at the capes first, to leave some token that he had been there, near the place where the fowls breed, and he, the carpenter, would do the like. And so with tears they parted .*
The anchor was now weighed, the sails set, and they steered out of the ice. The shallop with nine on board, was still fastened to the stern ; but when the ship was nearly out of the ice, the rope was cut, and they parted for ever. (Sunday, June 21, 1611.)
In the ship were fourteen, seven had taken the oath ; two or three more were lame; and among the rest, some were disaffect- ed towards Hudson, though not apparently active ; and others, constituting a small minority, silently acquiesced. But some of those who were not active on deck, were busy below; for they went to work as if the ship had been taken by force, and they had free leave to pillage, breaking up chests, and rifling all
" But see (says the venerable Purchas) what sinceritie can doe in the most desperate tryals : Philip Staffe an Ipswich man, who, according to his name, had been a principal staffe and stay to the weaker and more enfee- bled courages of his companions in the whole action, lightning and inlight- ning their drooping darkened spirits, with sparkes from his owne resolution ; their best purveyor, with his pcece on shore, and both a skilfull carpenter and lusty mariner on boord : when hee could by no perswasions, seasoned with teares. divert themfrom their devilish designes. notwithstanding they in- treated him to stay with them, yet chose rather to commit himselfe to God's mercie in the forlorne shallop, than with such villaines to accept of likelier hopes." Clements (the discarded boatswain) and the lame cooper, were, it seems, on the list of proscription. But Thomas was Clement's friend, and Bennet the cook, was the cooper's. Green insisted that they should go ; bat the others swore they should not, but those in the shallop should return rather. So Green was compelled to give way.
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places. It is impossible to designate the place where this foul conspiracy took effect; but it was off the cast shore of the bay, not very far north from their wintering place, and pro- bably between one and two hundred miles south from Cape Diggs; for it will appear that more than a month clapsed before the ship reached the place where justice was prepared to exact an awful retribution.
Having cut the fast to the boat, they out with topsails, and sailed castward into a clear sea. In the end they took in the topsails, righted helm, and lay under foresail till they ransacked the ship. In the hold and master's cabin they found a considerable quantity of provisions. While they were thus busied, it was proclaimed that the shallop was with- in sight. Then Pricket implored them to relent. But al- though they had thus gained an unexpected accession to their stock of provisions, and might at least have taken the boat in tow till they reached some of the capes, where Hudson and his companions could have obtained relief, and perhaps the means to get to Europe in the end, yet the mutineers evidently had no desire that they should ever live to return home. On the contrary, they set their sails and hastened away. as from an enemy.
At last, approaching too near the east coast, they shifted towards the west, and arriving near an island, put out their net, but the rocks prevented them from fishing. But they gathered large quantities of cockle grass. (150) Here they lay over night and greater part of next day, but they never saw the shallop. Whether Hudson, on seeing the ship fly from him, had shifted his course towards the south western part of the bay, where he had seen fires enkindled ; whether. as was preconcerted by the carpeuter, he steered to Diggs' Cape and was massacred ; whether, before he reached it, he died by famine, (for he had but a small stock of provision-) or perished in the ice, (for the bay was filled with miles of it) or was swallowed in the waves, (for storms succeeded) are in- quiries which no one could ever satisfy. All that is known is, that Hudson and his eight companions never were heard of.
29& European Discoveries und Claims to New-York. [PART.I.
But if a conjecture might be hazarded, it would be, that after suffering the horrors of famine, they were finally entangled in the ice and perished.
The mutineers continued in an irregular course till the last of the following month :July). They were sometimes be- wildered, but directed with most skill by Robert Bylot (Billet). They were embayed two weeks in ice, such as they had never seen for its vast surface : it reached miles into the bay, and carried by the tides, that set from north-west, they worked through it with great difficulty, when keeping the eastern shore to their right, the ship suddenly struck on a rock, but got off: had she struck again, it was feared she would have been wrecked. At last they reached the capes, and among the islands at the mouth of the strait they run on another rock at an ebb, which came from the east. Here they continued for hours until the flood, which came from the west, floated the ship. During their course hitherto, all the confusion and disorder had prevailed, unavoidably incidental to a condition whence command and subordination had been banished. They began to talk among themselves, that England was not a safe place for them. Green, who became their captain, swore that the ship should keep the sea until he had the king's hand and seal for his safety.
Previously to their running on the rock the last time, they had sent off their boat and some men, who killed many birds near the capes. After the ship was afloat, they pursued their course, and endeavoured to get some fowl near Cape Diggs. The boat as it approached the shore, had met seven canoes turning the eastern point towards them. The savages drew back, but soon becoming familiar, the parties exchanged hostages, and met in tents of the natives ;* where they mani-
* " In which tents they lived by hordes, men, women, and children ; they are bigge-boned, broad-faced, flat-nosed, and small footed, like the Tartars ; their apparell of skinnes, but wrought all very handsomely, even gloves and shoocs. The next morning, Green would needs goe on shore with some of his chiefe companions, and that unarmed, notwithstanding some advised and intreated him to the contrary. " __ Purchas.
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fested great joy, by dancing, leaping, and stroking their breasts. They offered a variety of things, so that the men re- turned to the ship rejoicing, as if they had met the most kind and simple people in the world. Green, in particular, was so confident that he became perfectly blinded, and considered any precaution altogether needless.
The next day (July 20, 1611) the mutineers hurried off, taking the lame Pricket to guard the articles in the boat. The ship, meantime, was brought up into the channel, off from where they landed.
As they approached the shore, the people were on the hills dancing and leaping .*
The boat was fastened; Pricket remained in its stern; Green, Wilson, and Thomas met the savages on the beach, as they flocked down the hill, and immediately displayed their articles of traffic. Perce and Moter ascended a rock to pick sorrel. All were apparently unarmed. While in this situa- tion one savage stepped into the boat, but Pricket, more sus- picious than the rest, ordered him out; another unobserved stole behind Pricket as he sat down, stabbed him twice before he could seize a dagger by his side, and plunged it into the breast of this chief of the savages. (151) Meantime those on shore were beset on all sides. Green and Wilson came tum- bling into the boat mortally wounded. Moter rushed from the rocks, jumped into the sea, and clung to its stern. Perce with a hatchet fought his way to the head of the boat, laid one savage dead, pushed off the boat, helped Moter in, and with his assistance rowed off amidst a shower of arrows from the shore. Green was now shot dead, and the rest wounded. Perce fainted before they got to the ship. The majority of the mutineers died the same day, Wilson cursing and swearing in the most fearful manner.
Thus perished these infatuated men. One more ringleader still lived, but he lived only to meet a more lingering, but not
The island is described as rocky and uneven, full of high hills and craggy clifts.
VOL. I.
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Jess effectual vengeance than that which had pursued his co- adjutors. Ivet, notwithstanding the glorious distinction in which he had shared in former voyages, (sullied, indeed, by his cold-blooded cruelty while on Hudson river) had now thrown all into the shade, by the infamy attached to his character as first, if not most prominent, in this fatal mutiny.
The survivors, at the peril of their lives, afterwards went among the capes, and supplied themselves with fowl, but on arriving in the bay at the inlet of Hudson's Straits, they found it necessary to adopt short allowance, and to husband their stock in such a manner, as to make use of the skins of the fowls, and even the garbage. They now steered for the Desolations ; but on the persuasion of Ivet, that by going to Newfoundland they would find relief from their countrymen, or from what they had left behind, if they should have de- parted conformably to his advice, they altered their course, but a southwest wind meeting them not long after, they concluded to shape their way to Ireland. To give an idea of their suf -. ferings, at which humanity shudders, it will suffice to say, that they were reduced after their meal was gone, to take salt broth for dinner, and half a fowl for supper. Their distress increasing, they took the bones of birds they had eaten, fried them in tallow, and with vinegar ate them with greediness. The vinegar was now shared ; one pound of candles became the allowance for a week, and were deemed a great dainty. They were yet several hundred miles from Ireland. The men became unable to stand at the heim, but sat and steered. Just as they had lost all hopes of reaching Ireland, Robert Icet died for mere want ; suffering, in the horrid death by famine, the same dreadful misfortune which he was so instrumental in inflicting upon Hudson. The men were in despair. The last fowl was in the steep tub. They cared not which way the vessel went, and secmed altogether regardless of their fate, when the sight of land was announced. Columbus could not have been so overjoyed, when his sailors cried 'Land!' as were these wretched survivors. They steered towards the coast, and in the end raised the joyful cry of ' a sail!' It
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proved a fishing bark, which took them into a harbour in Ire- land, Sept. 6th, 1611 ; (152) and through the generous inter- est of its commander, (153) and the humanity of a stranger, (154) they were enabled to reach Dartmouth, thence to Gravesend, (where most of them went ashore) and proceeded to London, to make report to Sir Thomas Smith, one of the principal members of the society and owners of the ship, who, not having heard from them for nearly a year and a half, had believed them lost.
The sensation produced in London upon the disclosure of these tragical events, may be conceived to have been very great. Such indeed was the interest felt in England, that the London company, prompted by the benevolent motive of searching for Hadson and his companions, flattered also by the hope, that the flood-tide described near Diggs' Island as com- ing from the west, might proceed from an unexplored passage at the western side of the bay, fitted out another expedition the following year, which, after wintering, returned disap- pointed in both objects of search. (155)
Hudson had become deservedly a favourite with a large portion of the British public. The English long regretted the loss of their countryman, whose achievements as a navi- gator had reflected honour on a nation already distinguished for its illustrious seamen. Hudson's personal qualities and virtues, displayed during his four voyages, at times which were calculated to try character, will ever be contemplated with admiration and pleasure ; but to the citizens of the State of New-York, the character of this heroic navigator will be peculiarly the theme of eulogium, and his misfortunes the subject of regret.
When the internal improvements of this State shall be com- plete, then the great chain of lakes and streams at the west and the north will become united with the river which Hudson discovered. When the same grand system of public policy, which will have brought those improvements to perfection, shall, at no remote period, meet a corresponding zeal and en- terprise already indicated beyond the confines of this State, then the philanthropist and the statesman will behold the navir
300 European Discoveries and Claims to New-York. [PART I.
gable waters of the bay. where Hudson perished, brought, by artificial means, nearly in contact with those of the northern shores of Lake Superior ; and the majestic Mississippi, ming- ling her waters with those of the great interior seas, shall unite in one vast circle with the St. Lawrence and the Atlantic, in contributing their varied and accumulated treasures to enrich the borders and swell the proud tide of Hudson river !
From such views and anticipations, Hudson was precluded. It was reserved for those of the present generation to realize them, -- to recall the memory ofhim, whose daring intrepidity first opened a vista then so dark, but now so radiant, to the pro- phetic glance of reason, founding its deductions in past expe- rience and actual experiment. But in recalling the memory of those who have bestowed great benefactions on mankind, it is to hold up to view their characters for emulation and ap- plause, and at the same time to pay to truth that homage which shall place the tribute or the censure where it is justly merited.
Hudson was not faultless, but no record imputes to his con- duct any crime or wilful vice. He had at times that irritabi- lity of passion, which is so peculiarly the trait of those whose lives are passed upon the ocean. But few, who have.so con- flicted with its dangers, and at the same time combated the tur- bulent dispositions of mutinous crews, could have preser- ved presence of mind, exercised moderation, and displayed magnanimity in a more exalted manner, than Hudson. His faults, whatever they were, are eclipsed by the splendour of his virtues. When the river which he discovered shall display upon its banks, in a range of three hundred miles, a free, vi- gorous, and intelligent population, crowded into numerous additional cities, villages, seats, and farm houses, the merits of Hudson will be reiterated with increased praise, while his name shall be handed down from generation to generation.
Having, under the preceding division of the present part of the history, closed our investigation into the discoveries and conflicting claims of England, France, Spain, and Holland, to the territory now comprehended within this State, we will proceed to inquire into the principle to which those powers ac- ceded, as the basis of their respective interest.
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Fourthly : What principles of international law should go- vern the European powers in their partition of this continent, and regulate them with regard to the rights of the original owners or native occupants.
This inquiry will involve the foundation of title to the do- main of this State, and the nature and extent of Indian title to the soil.
It has been heretofore remarked, that those principles were early settled from necessity among the majority of the parti- tioning powers. When the United States' republic succeed- ed Great Britain in sovereignty over the North American pro- vinces, the basis of title to dominion over the realty through- out the continent, rested upon those principles of conventional international law. The title which Great Britain passed to the United States upon the recognition of their independence, consequently depended upon the same principles. But the title by which this State holds exclusive territorial sovereignty as an imperium in imperio, is founded upon a discrimination between the national and state sovereignties, resulting from the rights granted or reserved by the State, as they were defined and guaranteed first by the articles of confederation and per- petual union, and afterwards by the constitution of the United States. Since the exercise of those sovereignties, certain principles of constitutional adoption or municipal enactment have been engrafted upon those which constituted the founda- tion of European title, and were designed to illustrate the ex- tent of the broad principle when viewed in its corollaries, or to define with precision to whom the native could dispose of his right to the soil, and to whom he could not.
Those principles are declared in two recent, simultaneous, and concurrent adjudications, by the tribunals of dernier re-
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sort of the United States, and this State .* 'The opinion in the first casef was pronounced by Chief Justice Marshall, and the decision in the last,f was predicated upon the opinion de- livered by Chancellor Kent. From the luminous expositions of those distinguished ornaments of the judiciary, the follow- ing abstract has been condensed.
On the discovery of this continent, the great nations of Eu- rope, cager to appropriate as much of it as possible, and con- ceiving that the character and religion of its inhabitants af- forded an apology for considering them as a people, over whom the superior genius of Europe might claim an ascen- dency, adopted, as by a common consent, this principle, First, That discovery gave title to the government, by whose subjects, or by whose authority, it was made against all other European governments, which title might be consummated by possession. Hence, although a vacant country belongs to in- dividuals who first discover it, and who acknowledge no con- nexion, and owe no allegiance to any government, yet if the country be discovered and possessed by the emigrants of an existing acknowledged government, the possession is deemed taken for the nation, and title must be derived from the sove-
* See also Grotius, Lib. 2. Puffend. Lib. 4. Ruthford, Vol. II. Hat- tel, B. 1. & ?. Marten, Law of N. MMontesquieu, Tom. II. Lock on Gor. Justinian, Lib. 2. Tit. 1. Molloy de jure .Mur. Morse's Report on Indian affairs, p. 6. appendix p. 279, to 281.
i Johnson & Graliam's Lessee vs. McIntosh, S. Wheaton's Rep. 543, 505, Aano 1823. This cause came before the Supreme Court of the United States, on a writ of error, to the District Court of Illinois, upon a case sta- ted. The action was originally brought by ejectment for lands in that state, claimed by the plaintitis in error of devisees of a testator claiming under an original title by deeds executed in 1773 and 1775, by (and under which no possession had ever been had from) the Piankeshaw and Illinois Indians. The defendant claimed under a grant from the United States, to whom the locus in quo had been previously ceded by those Indian tribes, though subsequently to the conveyance to the plaintiffs. The judgment be- low for defendant was affirmed in Error.
# Goodell ve. Jackson, 20. Johnson's Rep. 693, in Court of Errors of N. Y. in which the same case in 20. Johns. 180 was reversed.
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reign organ, in whom the power to dispose of vacant territories is vested by law.
Secondly : Resulting from the above principle os qualified, was that of the sole right of the discoverer to acquire the soil from the natives, and establish settlements either by purchase or conquest. Hence also the exclusive right cannot exist in government, and at the same time in private individuals ; and bence also,
Thirdly : The natives were recognised as rightful occu- pants, but their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fun- damental principle, that discovery gave exclusive title to those who made it.
Fourthly : The ultimate dominion was asserted, and as a consequence, a power to grant the soil while yet in the pos- session of the natives. Hence, such dominion was incompat- ible with an absolute and complete title in the Indians. Conse- quently, from the foregoing principle, and its corollaries, the In- dians had no right to sell to any other than the government of the first discoverer, nor to private citizens, without the sanction of their government. Hence the Indians were to be consi- dered mere occupants, to be protected indeed while in peace, in the possession of their lands, but with an incapacity of transferring the absolute title to others.
Fifthly : The United States have acceded to those princi- ples which were the foundation of European title to property in America. The Declaration of Independence gave us posses- sion, and the recognition by Great Britain of the same, gave title to all the lands within the boundary lines described in the treaty that closed our revolutionary war, subject only to the Indian right of occupancy, and having become possessed of all the right that Great Britain had, or which before the se- paration we possessed, but no more; hence the exclusive power to extinguish that right, was vested in that government which might constitutionally exercise it. Therefore each State before the union, and each State since (within its cir- cumscribed territorial jurisdiction,) possessed and possesses
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Domain of New-York. [PART I.
by its government, the exclusive right to purchase from the Indians.
Sixthly : That the allodial property in the territory of this State, or that which has become exclusively vested in the United States, is solely in the Government respectively, and that no foreign grant or title can be recognised by its Courts of Justice.
Spain, though deriving a grant from the Pope, was com- pelled to rest her title on discovery ; Portugal to the Bra- zils ; France to Canada, Acadia, and Louisiana ; Holland to the discoveries of Henry Hudson. England, though she wrested the Dutch possessions on the ground of pre-eminent right, asserted it on the same principle, tracing her right to the discovery of the Cabots; and extending her claim from the 34° to the 48" of north latitude."
This principle of ultimate domain, founded on discovery, is recognised in the wars, negotiations, and treaties of the European nations claiming territory in America. Such were the contests of France and Spain, as to the territory on the northern coast of the Gulf of Mexico; between France and Great Britain from their nearly contemporaneous settlements, till the treaty of Paris 1763, when France ceded and guar- anteed to Great Britain Nova Scotia (or Acadia) and Canada, with their dependencies. Their respective boundaries became also fixed from the source of the Mississippi through the mid- dle of that river and the lakes Maurepas and Ponchartrain to the sea. The country on the English side, though a great part occupied by the Indains, was ceded to Great Britain. She relinquished to France all pretentions to that west of the Mississippi. Although not in actual possession of a foot of land, she surrendered all right to acquire the country; and any attempt to purchase it from the Indians, would have been treated as an invasion of the territories of France. By the same treaty, Spain ceded Florida with its dependencies and all the country she claimed east or south-east of the Mississippi.
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