USA > New York > The documentary history of the state of New York, Vol. I pt 1 > Part 6
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. [From Paris Doc. I.]
On the seventh of the month of July of the year 1666, the Iroquois of the Oneida Nation, having learned from the Mohawks, their neighbours and allies and by the Dutch of Fort Orange that the troops of Louis the fourteenth by the grace of God Most Christian King of France and Navarre, liad in the month of February of the said year carried his Majesty's arms, over the snow and ice near unto Fort Orange in New Netherland, under the command of Messire Daniel de Courcelle, Lieutenant General of his armies, pursuant to orders which they received from Mes- sire Alexandre de Prouville knight, Lord de Tracy, member of
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AGAINST THE MOHAWKS.
his Majesty's councils and Lieut. Genl. of his armies, both in the Islands and mainlaind of South and North America, as well by sea as by land, to fight and destroy the Mohawks, which probably they would have accomplished, had not the mistake of their guides caused them to take one road for the other, came down to Quebec to solicit peace as well in their own name as in that of the Mohawks by ten of their Ambassadors, by name Soenres, Tsoenserouanne, Gannoukouenioton, Asaregouenioton, Asare- gouaune, Tsendiagou, Achinnhara, Togoukouaras, Oskaraquets, Akouehen, And after having communicated by the mouth of their Orator and Chief Soenres, the object of their Embassy by ten talks expressed by as many presents, and having handed to us the letters from the officers of New Netherland, have unanimously requested, acknowledging the force of his Majesty's arms and their weakness and the condition of the forts advanced towards them, and moreover aware that the three upper Iroquois Nations have always experienced great benefit from the protection which they formerly received from the said Lord the King, that his Majesty would be pleased to extend to them the same favour by granting them the same protection, and receiving them among the number of his true subjects, demanding that the Treaties for- merly made as well by the said Nations as by theirs, have the same force and validity for that of the Mohawks, who have re- quired of us to solicit this with great importunity, as they should have themselves done by means of their Ambassadors had they not been apprehensive of bad treatment at our hands, ratifying on their part all the said reaties in all their points and articles, which have been read to them in the Iroquois tongue by Joseph Marie Chaumont, priest, member of the Society of Jesus ; adding, moreover, to all the said articles what the protest effecting in good faith what they offered by their said presents, especially to restore all the Frenchmen, Algonquins and Hurons whom they hold prisoners among them of what condition and quality they may be, and as long as any are detained there, even on the part of the Mohawks, to send families from among them to serve, like those of other nations as the most strict hostages for their persons and dispositions to the orders of those who shall in this
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FRENCH EXPEDITIONS
Country have authority from the said Lord the King whom they acknowledge from this time as their Sovereign; demanding reci- procally among all other things the restoration to them in good faith, of all those of their Nation who are prisoners at Quebec, Montreal and Three Rivers, that French families and some Black gowns, that is Jesuits be sent them, to preach the gospel to them and to make known to them the God of the French whom they promise to love and adore ; also that trade and commerce be open to them with New France, by the Lake du Saint Sacrement, (L. George) with the assurance on their part that they will pro- vide in their country, a sure retreat as well to the said families as to the trading merchants, not only by preparing cabins to lodge them in, but also by assisting to erect forts to shelter them from their common enemies the Andastaeronnons and others. And that the present Treaty, made on their part in ratification of the preceding, may be stable and known unto all, they have signed it with the separate and distinctive marks of their Tribes, after which what they solicited from the said Lord the King was grant- ed to them in his name by Messire Alexandre de Prouville, Knight, Lord de Tracy member of the King's Councils, &c. (as above) in the presence and assisted by M. Daniel de Remy Siegneur de Courcelles, King's Councillor, &c., &c., and of M. Jean Talon also Councillor, &c. who have signed with the said Lord de Tra- cy; and as Witnesses, François le Mercier, Priest, Member and Superior of the Society of Jesus at Quebec and Joseph Marie Chaumont likewise Priest and Member of the said Society, Inter- preters of the Iroquois and Huron languages. Done at Quebec the 12 July, 1666.
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AGAINST THE MOHAWKS.
ACTE OF POSSESSION
BY SIEUR DU BOIS IN THE NAME OF THE KING (OF FRANCE) OF THE FORTS TAKEN FROM THE IROQUOIS.
In the year 1666, the 17th day of Octob., the King's troops commanded by Messire Alexander de Prouville Knight, Lord de Tracy Lieut. General of Ilis Maties Naval armies both in the Islands and Continent of South and North America as well by sea as by land, aided by Messire Daniel de Remy Knight, Seig- neur de Courcelles, Governor and Lieut. General for the King in New France, being drawn up in battle array before the Fort of Andaraque, Jean Baptiste du Bois Esqrs Sieur de Cocreaumont and de St. Morice, Commandant of the Artillery of the army, presented himself at the head of the army by order of Mons. Lord de Tracy and deputed by M. Jean Talon, King's Councillor in his State and Privy Councils, Intendant General of Justice, Po- lice and Finance in New France, for the review and direction of the Supplies of the Troops, who declared and said that at the re- quest of Monsr Talon he took possession of said Fort and of all the lands in the neighbourhood as far and in as great a quantity as they may extend, and of the other four forts which have been conquered from the Iroquois in the name of the King, and in to- ken thereof hath planted a Cross before the doors of said forts and near this hath erected a post and to these hath affixed the King's arms, of which and of all the above the said Sieur de Bois has required acte of the undersigned Royal Notary commanded in the said army for His Majesty's service. Done at the afore- said Fort of Andaraque the day and year above written, in pre- sence of Messire Alexander de Chaumont, Knight Seigneur of said place, Aid de Camp of his Majesty's armies, and of Hector d'Andigny, Knight of Grande Fontaine, Captain of a Company of Infantry in the Carignan Regiment, of the Nobleman Antoine de Contrecour Cap" of a Company of Infantry in said Regiment, of Francois Massé, Sieur de Wally, Jean du Gal Esqrs Sieur du
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FRENCH EXPEDITIONS
Fresne Major of Canada, Jean Louis Chevalier du Glas Lieut of a Company of said Regimt, Rene Louis Chartier Esqr, Sieur de Lobiniere Lieutenant of a Militia Company from Quebec, Domi- nique le Feure Esqr, Sieur de Quesquelin Lieutenant in said Re- giment, Witnesses undersigned with the said Seigneur du Bois and the Notary. Signed, Chaumont, le Chevalier de Grand Fontain, de Contrecour, du Gal, Wally, Chevlier du Glas, du Guesclin, Rene Louis Chartier, Lobiniere, du Bois and du Guet Royal Notary.
GOV. NICOLLS TO CHEV. TRACY, AT QUEBEC.
[Lond. Doc. II.]
Monsieur,
I was in some measure surprized in february last with the newes of so considerable a force of forreiners under the co- mând of Monsieur de Courcelle so farre advanct in these His Maties Dominions without my Knowledge and Consent, or the least notice given of yr intentions to any of His Matics Colonies then in amity with the French Nation : although yr proceedings heerin were not conformable to the practise in Europe, yet all my officers both Military and Civill soone resolu'd to succour and releive your Campe with such meane provisions as the Country affords [and] from a small village could bee expected and as they have in all former times been very affectionate with Christian Charity to ransome or by any other meanes to convey divers French prisoners out of the hands of their barbarous Enemies so also their Intentions towards you is manifest in their letter of the 20th March last wherein their purpose was to give you a speedy notice that the Maquaes were at last wrought upon to treat of peace if you on your parts were so disposed, but it seems (by a sad accident intervening,) you are pleas'd to lay a greater burden upon them than they deserve after their sincere affections to your peace. To both yr Letters directed to the Captain and Commis-
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AGAINST THE MOHAWKS.
saries at Albany themselves will returne answer but hearing that you had Emploied Le Sr. Couture with yr Letters I tooke a sud- daine Resolution to have discourse with him to wch purpose I came hither but find that he is return'd without the Knowledge of the Capt. or Commissarie. I could have wisht that hee had staid for mee, or that I could wait his coming for I now want the opportunity of enlarging myself to him and by him to yrselfe with how much Integrity I shall constantly attend the European Interest amidst the heathen in America as becomes a good Chris- tian, provided that the bounds and limits of these His Majesties of Englands dominions be not invaded or the Peace and Safety of his subjects interrupted, In all other points I shall be found to entertaine yr Correspondence with Mutuall Civility and respect the rather because the Reputation of yr honour hath spread it- self in all these parts of the world, as well as it is known in Eu- rope, whereof I can beare some Testimony, when I had the honour to attend my master his R. H. the Duke of York and Albany a few yeares in the french army, and now that I serve the same Master in his interest in this part of the World, I should count my selfe very fortunate in an opportunity at least to acknowledge some part of yr great civilities to my Master and all his Servants in their low estate and condition of Exile, The Memory whereof obligeth me (a reasonable time and good occasion concurring) to give you certain proofe with how much truth I am, Sir, Yor Most affte. Servant
RICHARD NICOLLS.
20th Aug : St : Vet : In fort Albany 1666. 5
A Monsieur, Monsieur Le Chevalier et Seigneur de Tracy Lt. Generall Du Roy tres Chrestien dans toute L'Amerique. A Quebec.
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FRENCH EXPEDITIONS
M. TALON TO M. COLBERT, 13 Nov. 1666.
[Paris Doc. I.]
Monsieur de Tracy and Monsieur de Courcelles are returned from their Expedition, the Iroquois having concluded to retreat and abandon their settlements. The said M. de Tracy could do nothing else than burn their forts and lay waste every thing. These two gentlemen will inform you of whatever occurred throughout their march which occupied fifty-three days. What I learn from public opinion is that in what has been perform- ed nothing has been left undone, and that the King's orders had been executed and his expectations entirely realized had those savages stood their ground. It would, in truth, have been desirable that a part had been defeated and some others taken prisoners.
The advanced age of M. de Tracy must greatly enhance the merit of the service he has rendered the King, by assuming in a broken down frame such as his, a fatigue of which no correct idea can be formed. I am assured that throughout the whole march of three hundred leagues, including the return, he suffered himself to be carried only during two days, and then he was forced to do so by the gout. M. de Courcelles, though stronger than he, could not help being carried in like manner, having been attacked by a contraction of the nerves. Both in truth have endured all the fatigue that human nature is capable of.
M. de Tracy incurred some expences on his march for the con- veyance of the cannon and other extraordinary services rendered the Troops, which I wished to reimburse, but his modesty would not suffer it.
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AGAINST THE MOHAWKS.
M. TRACY TO GOV. NICOLLS.
[London Doc. I.]
Sir
In answer to yor letter of 31. August, [N. S.] I shall tell you that Monsr de Courcelle Governor Generall of this Countrey, signifying to mee that hee had a desire to make some inroad upon the Maquas, to put a stopp to their barbarous Insolencies ; I gave my consent to further the design, that hee might take with him so many officers and souldiers as hee thought fit, either of his Maties Companyes, or those of ye Countrey. Whereupon hee advanced within fifteene or twenty leagues of the villages of ye Anniés. But fortunately for them his guides conducting him a wrong way, hee did not meete with them, till he came neare the village which you name in yor Letter, neither had he known there was any of them there, untill he had surprized all the Ind- yans that were in two small Hutts at some distance from that place. This truth is sufficiently convincing, to justify Monsr de Courcelle, that hee had no intention to infringe the Peace, that was then between us, for that hee thought himself in the Maques land. The Moderacôn which hee used in the said hutts (although the persons under his command were driven to the uttermost ex- tremity, for want of Provisions) hath sufficiently manifested the consideracôns wee have always had for our allyes (for until then wee had no intelligence, that New Holland was under any other Dominion than that of the States of the United Belgick Provin- ces) and understanding that hee was upon the Lands belonging to the Dutch, hee tooke great care to hinder his companyes from . falling into the village, by which means alone the Maquaes that were there saved themselves.
Hee also had so much care and authority as to hinder the soul- diers from Killing the Poultry, and taking away Provisions that were in the said hutts, to satisfy their hunger. Thus farr, I ought to vindicate the truth upon this subject.
6
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FRENCH EXPEDITIONS
The ffrench nation is too much inclined to acknowledge cour- tesies, not to confess that the Dutch have had very much charity for the ffrench, who have been Prisoners with the Maquaes, and that they have redeemed divers, who had been burnt wthout their succour ; They ought also to be assured of our gratitude towards them, and to any others who shall exercise such Christian Deedes, as they have done.
I am also persuaded that they had a sincere intention for the conclusion of a firme peace between us and the Maques. They ought in like manner to believe, that wee have alwayes expressly forbid ye Algonquins to make warr upon or kill them.
Since the Dutch Gent. did send you ye Lrês which I writt unto them, you have knowne the candour of my thoughts, and the confidence which I had in their ffriendship, by that of the 14th July 1666 as also by the Request I made to the Reverend Father Bechefer (who is a person of great meritt) accompanyed with three considerable persons, to transport himself upon the place, to conclude a peace, thereby to ease them of the trouble of côming to Quebec.
Its true the displeasure I received by the death of some Gent- men, who went a fowling upon confidence, of that article wch is in the same letter those Gent'men sent mee, the second time, da- ted the 26th March 1666, the which I had publisht in our Garri- son [we have acquainted the Maquaes, that they are to forbear all acts of Hostility, during the time that the Messenger shall be absent which they have promised to observe] did give mee a just griefe, and a great deale of discontent, It being evident that those Gent'men had not put themselves upon that hazard, without the assurance : wch would have served amongst Europeans as well as the most authentick Passeport that could be had, the which also wee had caus'd the Algonquins to observe.
Such an unexpected misfortune obliged mee to chang the de- signe I had of adventuring the person of the reverend Father Be- chefer, and the rest that accompanied him, & I resolv'd to send only the Sieur Cousture (who had been a Prisoner among the Maques) with a letter to the Dutch Gent. of the 22d July 1666. The said Cousture having no other employ than what was in his
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AGAINST THE MOHAWKS.
Instruction which hath or might have been seene, since I gave him leave to shew it.
I had never the thought of accusing those Dutch Gent'men ei- ther directly or indirectly, nor any other person, of holding in- telligence with the Maques in so foule an action as was commit- ted by them ; But writt onely to oblige them, and those other Gent'men who serve under yor command at Albany, (for we were then in peace,) to councell the Maques, as Neighbours, to deliver up into our power, the actors of that murder, wch was a satisfac- tion that with reason I might promise myselfe on that occasion.
My L're of the 22d July to those Gent'men at Albany, might nave informed you what the Sr Cousture was ; ffor it had not beene prudent after the death of those Gent'men, to hazard a person of quality. And I am very sorry that you tooke the paines to leave the place of yr usual residence, to make a voyage to Albany, to have discourse with an ordinary Messenger who had nothing of Trust committed to him.
The intention you signify to have of Embracing Allwayes the Interest of Europe, against the barbarous Indyans of America, is very commendable and befitting a person of your Quality and a good Christian : That Passion which you likewise expresse, for the interest of his Maty of Great Brittaine, is to be esteemed, and there is no man of reason, who doth not approve yr judgmt there- in, & that hath not the like for his Prince.
I returne you thankes in particular for those obliging termes you are pleas'd to use on my behalfe, as also for the assurances you give mee of a desire to hold a mutuall Correspondence of ci- vility and respect with mee to ye end before proposed : If I was particularly knowne to you I might feare you would alter your opinion of mee, for that Reputacôn doth very often give us ad- vantages which wee do not deserve.
I had the honor to serve the King in Germany, in the most considerable commands of his Army, at the time when my son (that was hee and not mee) was knowne unto you, in those which served in fflanders, where he commanded His Maties Cavalry of Strangers : Hee had a very particular respect for the person, and for the great meritt of his Royal Highnesse, The Duke of York,
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FRENCH EXPEDITIONS
who seemed to bee well pleased with his respectful carriage to- wards him : You have no reasons to expect lesse services from mee, that you might have received from my son, upon all occa- sions where those of the King will permit mee to render them.
It cannot bee but you must have heard from divers of your Nation that have beene in the Islands of America, how I have done them courtesyes with passion, and with as much civility as may bee ; I have cause enough to complaine that the same hath not beene practised towards me; ffor that a vessell which went out of Boston, tooke in the Gulfe of St. Laurence, towards the latter end of June, or the beginning of July 1665, (near upon five months before the declaracôn of the warre) a barque of be- tweene 25 and 30 tunnes, wch belonged to mee, being laden with a good quantity of strong Waters, and other refreshments which come from France : But as I know no other interest than that of the service of his Maty who bestowes many benefitts upon mee, I shall easily forgett that losse, 'till the conclusion of Peace , you may also believe that I am wth a great deale of esteeme,
Sr Your thrice affectionate and humble Servt.
TRACY.
Quebec Apr. 30, 1667.
IV.
REPORTS
ON THE
Province of Dem Work.
About 1669; 1678.
GOV. NICOLLS' ANSWERS TO THE SEVERALL QUERIES
RELATING TO THE PLANTERS IN THE TERRITORIES OF HIS R. HS THE DUKE OF YORKE IN AMERICA.
[Lond. Doc. II.]
1st. The Governour and Councell with the High Sheriffe and the Justices of the Peace in the Court of the Generall assizes haue the Supreame Power of making, altering, and abolishing any Laws in this Government. The Country Sessions are held by Justices upon the Bench, Particular Town Courts by a Con- stable and Eight Overseers, The City Court of N. Yorke by a Mayor and Aldermen. All causes tried by Juries.
2nd. The Land is naturally apt to produce Corne & Cattle so that the severall proportions or dividents of Land are alwaies al- lowed with respect to the numbers of the Planters, what they are able to manage, and in wt time to accomplish their un- dertaking, the feed of Cattell is free in commonage to all Towne- ships, The Lots of Meadow or Corne Ground are peculiar to each Planter.
3rd. The Tenure of lands is derived from his R. H.8 who gives and grants lands to Planters as their freehold forever, they paying the customary rates and duties with others towards the defraying of publique charges. The highes Rent or acknowledg- ment to his R. H.s will bee one penny pr acre for Lands purchas- ed by his R. H.s, the least two shillings sixe pence for each hun- dred acres, whereof the Planters themselves are purchasers from the Indyans.
4. The Governour gives liberty to Planters to find out and buy lands from the Indyans where it pleaseth best the Planters, but the seating of Towns together is necessary in these parts of America, especially upon the Maine Land.
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REPORT ON THE PROVINCE OF NEW-YORK.
5. Liberty of Conscience is graunted and assured with the the same Provisoe exprest in the Queerie.
6. Liberty of ffishing and fowling is free to all by the Patent.
7. All Causes are tried by Juries, no Lawes contrary to the Lawes of England. Souldyers onely are tryable by a Court Marshall, and none others except in cases of suddain invasion, mutiny or rebellion, as his Maties Lieutenants in any of his Countries of England may or ought to excercise.
8th. As to this point there is no taxe, toledge, Impost or Cus- tome payable upon the Planters upon Corne or Cattle : the Country at present hath little other product, the Rate for publicke charges was agreed unto in a generall Assembly, and is now ma- naged by the Governour his Councell and the Justices in the Court of Assizes to that onely behoofe.
9th. The obtaining all thes priviledges is long since recomend- ed to his R. H.s as the next necessary encouragement to these his Territories, whereof a good answer is expected.
10th. Every man who desires to trade for ffurrs at his re- quest hath liberty so to doe.
ANSWERS OF GOV. ANDROS TO ENQUIRIES ABOUT NEW YORK ; 1678.
[Lond. Doc. III.]
Answers to the Inquires of Plantacons for New Yorke.
1. The Governor is to have a Councill not exceeding tenn, wth whose advice to act for the safety & good of the country, & in every towne, village or parish a Petty Court, & Courts of Sessions in the Severall precints being three, on Long Island, & Townes of New Yorke, Albany & Esopus, & some smale or poore Islands & out places ; and the Generall court of assizes composed of the Governor & Councill & all the Justices & magistrates att New York once a yeare, the Petty courts Judge of five pounds,
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REPORT ON THE PROVINCE OF NEW-YORK.
& then may appeale to Sessions, they to twenty pounds & then may appeale to assizes to ye King, al sd courts as by Law.
2. The court of Admiralty hath been by speciall comission or by the Court of Mayor & Aldermen att New Yorke.
3. The cheife Legislative power there is in the Governor with advice of the Councell the executive power Judgemts given by ye courts is in the sheriffs & and other civil officers.
4. The law booke in force was made by the Governor & As- sembly att Hempsted in 1665 & since confirmed by his Royall Highnesse.
5. The Militia is about 2000 of wch about 140 horse in three troopes the foote formed into companyes, most under 100 men each all indifferently armed with fire-armes of all sizes, ordered & exercised according to Law, and are good fire men, one stand- ing company of Souldiers with gunners & other officers for the fforts of New Yorke & Albany alwayes victualled in October & November for a yeare.
6. Forteresses are James fforte seated upon a point of New Yorke towne between Hudson's River & ye Sound, its a square with stone walls, foure bastions almost regular, and in it 46 gunnes mounted & stores for service accordingly. Albany is a smale long stockadoed forte with foure bastions in it, 12 gunns, sufficient agt Indians, and lately a wooden redout & out worke at Pemaquid wth 7 gunns, s'd Garrisons victualled for a yeare, wth sufft stores.
7. There are no privateers about or Coasts.
8. Our Neighbours westward are Mary land populous and strong but doe not live in townes, their produce tobacco, North- west the Maques &c. Indians ye most warr like in all the North- ern Parts of America, their trade beavers & furrs. Northward the ffrench of Canada trade as wee with our Indians ; Eastward Connecticut in a good condicon & populous, their produce pro- visionn of wheate, beefe & porke, some pease, or South bounds the Sea.
9. Wee keepe good Correspondence with all or neighbours as to Civill, legall or judiciall proceedings, but differ with Connec-
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