USA > New York > Ulster County > Kingston > The history of Kingston, New York : from its early settlement to the year 1820 > Part 6
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HISTORY OF KINGSTON.
we hereby give full power and authority to conclude whatever may be for the good of the common weal, and the strengthening of this place, and also to do whatsoever shall by them be found wise in the premises ; promising to confirm what the said deputies shall have decided in the premises to be best for the public good, under pain of punishment as Contraveners ; to which end we have sub- scribed these with our own hands. Done in Wiltwyck this 31st March, 1664." It bears a number of signatures, and is certified by Matthias Capito, secretary.
The convention met at New Amsterdam on the 10th of April, 1664, and there were delegates in attendance from New Amster- dam, Rensselaerwyck, Fort Orange, Wiltwyck, New Haerlem, Staten Island, Brukelen, Midwout, Amersfoort, New Utrecht, Bos- wyck, and Bergen. Jeremias Van Rensselaer from Rensselaer- wyck was selected as president.
A long communication was presented to the assembly from the director-general. He explained to them the necessity of supplies ; that the West India Company had expended one million two hun- dred thousand guilders over and above the receipts from customs, excise, weigh scales, and tithes. A war was now pending with the Indians, and he wished the assembly to decide whether the war should be continued or peace made. If the English should summon the country to surrender, what should be done ? and he proposed a tax on mills and cattle. The convention then, after re- fusing to tax, on the 15th adjourned to the 22d of April.
Before the reassembling of the convention an answer was re- ceived from Holland, showing that the requests contained in the remonstrance hereinbefore alluded to, as forwarded by the con- vention of burgomasters and schepens, had been complied with ; that on the 23d of January, 1664, an act, under the great seal of the States-General, had been issued, declaring that the West India Company was empowered by its original charter to plant colonies in any unoccupied lands in America from Newfoundland to the Straits of Magellan, as well on the north as on the south sea, and more especially in New Netherland, and confirming the boundaries agreeably to the treaty of 1650. And necessary instructions had been given to the ambassadors at the British court for their action in the premises.
The directors advised the continuance of the war with the Esopus Indians for their extermination, and sent a military force to check the English.
On the 22d of April this assembly reconvened, and the des- patches from Holland were laid before them. The assembly deemed it useless to attempt to reduce the revolted villages, as ad- vised by the directors, and also determined that a treaty of peace
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should at once be concluded with the Indians. The Indians had already sued for peace through friendly sachems, and the situa- tion of the province rendered it desirable.
On the 15th of May, 1664, the sachems of several tribes, includ- ing Sewackenamo, Onaghtin, and Pourewagh, chiefs of Esopus, assembled at the council chamber in Fort Amsterdam, with the director-general and various Dutch officials, including Thomas Chambers, of Wiltwyck. After the preliminaries and details of the treaty were talked over and agreed upon, Sewackenamo, one of the Esopus chiefs, arose, and several times invoking his god, Bachtamo, prayed for aid to conclude a good treaty with the Dutch, and that the one they were about negotiating should be, like the stick he grasped in his hand, firmly united the one end to the other ; that all the neighboring chiefs rejoiced at the prospect of peace, and that the Marseping Indians were included. He came, with his brother sachems, to act on behalf of the Esopus Indians. " and to conclude a Peace as firm and as compact as his arms" (which he folded together). He then presented his right hand to the director-general, and added : " What I say is from the fulness of my heart -; such is my desire and that of all my People."
The treaty was concluded, ratified, and signed the next day, May 16th, amid general rejoicing and salvos of artillery. The de- tails of the treaty were substantially as follows :
By its terms all that had passed was to be forgotten and for- given. The land already given to the Dutch as an indemnity, in- cluding the two forts belonging to the Indians, became the prop- erty of the Christians. The Indians were not to visit the village nor any remote Dutch settlement. They were permitted to plant near their new fort, and for one year by their old one. The lands in the vicinity of the forts by right of conquest were to belong to the Dutch. The Indians were not thereafter to approach the place where the whites were engaged in any agricultural matters, and a violation of that provision would subject them to arrest. They were to be permitted to sell meat or maize at the Rondout in parties of not more than three canoes at a time, on condition that they were preceded by a flag of truce to give notice of their ap- proach. In any case of murder by a Dutchman of an Indian. or the reverse, the guilty party was to be punished as a murderer, and it would not be a cause for war. All damages for the killing of cattle were to be paid for. The conclusion of the treaty was ratified 'by the delivery of a belt of wampum, which is now in the county clerk's office, and of which the following is a correct picture.
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HISTORY OF KINGSTON.
The termination of the war gave great and universal satisfac- tion, and in acknowledgment of their gratitude to the Supreme Ruler of the universe, a day of general thanksgiving was pro- claimed in the province.
Swartwout, the deposed schout, having solicited pardon from the director-general, was reinstated as schout at Wiltwyck on the 15th of February, 1664. In the succeeding month of July, how- ever, the director-general and council at New Amsterdam, wishing to have a more immediate representative of the West India Com- pany at Wiltwyck, appointed William Beeckman commissary at Esopus and its dependencies. His jurisdiction extended from the Katskill, where that of Fort Orange terminated, to the Danskamer, a few miles above the Highlands, which was the northern limit of the jurisdiction of Fort Amsterdam.
The English had for some time enviously viewed the Dutch possessions in America, and were not long or scrupulous in matur- ing plans to acquire them by robbery. Having already, through the settlement of the borders of Connecticut, largely curtailed the Dutch domain east of the Hudson River, and also acquired juris- diction over a large part of Long Island, the King of England, on the 12th day of March, 1664, in furtherance of the accomplishment of the object, granted by a royal patent to the Duke of York and Albany a large territory in America, comprising Long Island and all islands in its neighborhood, and all the lands and rivers from the west side of the Connecticut River to the east side of the Delaware Bay, thus including the whole of the New Netherlands.
The Duke of York at once proceeded to measures for procuring possession and control of the territory thus granted to him. As lord high admiral he detached four ships of the British Navy and sent them, with about four hundred and fifty regular soldiers, with their officers, to conquer and. take possession of the New Nether- lands. Colonel Richard Nicolls was entrusted with the command of the expedition, and was designated as the duke's deputy-gov- ernor of the Dutch possessions when reduced.
As soon as the director-general was advised of the approach of this hostile expedition, he took what measures he could for the repair of the fortifications and defences of the city ; but the fleet were very near, and by the 19th of August were below the Nar- . rows in Nyack Bay. On the 26th of August Colonel Nicolls made a formal summons for the surrender of the city, accompanied by a proclamation that all who would submit to his Majesty's gov- ernment should be protected by his Majesty's laws and justice, and peaceably enjoy their property. Stuyvesant was determined to fight it out and defend to the bitter end, but a large portion of the citizens and council, convinced of their inability to defend the
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city, insisted on a surrender. In fact, the city was in no sense in a position to resist an attack. A council of war had reported Fort Amsterdam untenable ; and although there were fifteen hundred souls in New Amsterdam, there were not over two hundred and fifty able to bear arms, besides one hundred and fifty regular sol- diers. Stuyvesant was, therefore, compelled to consent to a sur- render, and relying upon the assurance of Colonel Nicolls's prom- ise to deliver back the city and fort " in case the difference of the limits of this Province be agreed upon betwixt his Majesty of Eng- land and the High and Mighty Staats-General," Stuyvesant ap- pointed commissioners to agree upon articles of capitulation.
At eight o'clock the next morning, the 27th of August, 1664, the commissioners on both sides met in the city, and arranged the terms.
The articles of capitulation promised the Dutch security in their property, customs of inheritance, liberty of conscience, and church discipline ; the municipal officers to continue for the pres- ent unchanged, and the town to be allowed to choose deputies, with free voices in all public affairs. For six months they were to have free intercourse with Holland, and public records were to be re- spected and protected.
A copy of the articles of capitulation will be given in full in the appendix.
Of course the surrender of Fort Orange and Wiltwyck followed soon after, and may, in fact, be considered as included in the ca- pitulation. Immediately after the Dutch soldiers at New Amster- dam had left for Holland, Governor Nicolls despatched Colonel Cartwright, with his command, to take possession of those places. This was on the 10th of September, 1664, and he proceeded up the river direct to Fort Orange. On his arrival the authorities made no resistance, and the English at once took possession. An Eng- lish garrison, under the command of Captain Manning, was placed in charge of the fort, which was named Fort Albany, and the name of the settlement was also changed to Albany, after the Scotch title of the Duke of York.
In the mean time, at Wiltwyck, the soldiers having, in the latter part of August, all been withdrawn to New Amsterdam on ac- count of the English invasion, the entire community was in the . greatest confusion and alarm. The civil authority was abandoned, and the militia, under the command of Captain Chambers and Lieutenant Schoonmaker, on the 1st of September assumed control of the place. On the 4th of September the court met in extraor- dinary session, to consider what should be done on the arrival of the English. It was finally, after considerable deliberation, re- solved that, upon the firing of a cannon, the militia should repair
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HISTORY OF KINGSTON.
to the guard-house to receive orders ; that the municipal anthori- ties should proceed and hold a conference with the English outside the gates ; that the military should also in the interval take some precautionary measures against any possible inimical action by the Indians.
Cartwright, on his return from Albany, landed at Esopus the latter part of September, and the place was surrendered without resistance, Cartwright taking the same precaution, as at Albany, to conciliate the inhabitants.
The Dutch local officers were continued in power. A garrison of regular soldiers were placed in charge of the fort, under Captain Brodhead. This Captain Brodhead, of the English regular army, came over with his command in the expedition, and brought his family with him to remain in this country. He settled here, and became a citizen of Esopus.
Governor Nicolls followed his other operations with friendly and conciliatory arrangements and treaties with the Indians, and the occupation and possession by the English became complete.
Thus was fully consummated by England, through their sov- ereign and the Duke of York, one of the most cowardly and dis- honest stealth of a neighboring nation's unprotected territory that can be found in the history of any civilized nation on the globe. It was cowardly, because it was conceived and carried out secretly, and every possible precaution taken to keep the friendly neighbor- ing nation, owning the territory, in ignorance of their intention. It was stealth, because the Dutch had had uninterrupted posses- sion for half a century, and their right had been, during that entire period, recognized by the English in various ways. And the Dutch title, by discovery and possession, was in all respects similar to that which England had held and insisted on as valid and indis- putable in regard to her own territories. 4
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CHAPTER IV.
FROM THE SURRENDER TO THE ENGLISH IN 1664 TO THE SUR- RENDER TO THE DUTCHI IN 1673.
K ING CHARLES the Second, by the patent issued to his brother, the Duke of York, authorized him " to make, or- dain and establish all manner of orders, laws, directions, instruc- tions, forms and ceremonies of government and magistracy, fit and necessary for and concerning the government of the territories and islands aforesaid. . . . And the same at all times hereafter to put in execution, abrogate, revoke, or change." The Duke of York thereupon commissioned Colonel Richard Nicolls as his deputy "to perform and execute all and every the powers which are by the said letters patent granted." Nicolls, however, had in his articles of capitulation conceded special privileges to the Dutch, of which he could not deprive them.
He prepared a code of laws for the government of the lower part of the province, and summoned deputies from Long Island and Westchester, to be chosen by a majority of the taxpayers, to meet at Heemstede for their adoption. At the meeting of the del- egates, when opposition was shown or change proposed to any part of the code, as submitted by Governor Nicolls, their attention was called to the terms of his credentials, and they were given to under- stand that they must adopt the code as he had drawn it, or ap- peal to the duke. They found, therefore, that their province was to register the orders of the government, not to deliberate.
No deputies were summoned from New Amsterdam, Esopus, Bergen, or Fort Orange. These places were left to continue for the time under their former mode of government and customs.
In September, 1665, Governor Nicolls visited Kingston, partly on account of some troubles which had existed the previous winter between some of the citizens and military, but chiefly to make arrangements to procure the release of more land from the Ind- ians. In relation to the government of the place he made no change, except to place Captain Brodhead in charge of the mili- tary as a discreet officer, upon whom he felt that he could rely to avoid all cause of complaint by the citizens. The commission issued to Captain Brodhead bore date September 15th, 1665, and
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HISTORY OF KINGSTON.
the authoritative part is as follows : " I do constitute and appoint you, the said Daniel Brodhead, chief officer of the militia in the Esopus. You are to take care and use your utmost diligence for the defence of the place and People against any attempts. You are constantly to keep good guard, and your soldiers in good order and discipline, according to the rules and method of war."
This commission was speedily supplemented by lengthy in- structions containing much good advice, especially in respect to the citizens within his jurisdiction. The instructions are too lengthy for insertion here, but it will not be amiss to give a brief summary.
There were eight specifications :
In the first he was enjoined to keep strict order and discipline, and not permit a soldier to judge or revenge his own case.
In the second he was directed to keep constant guard in respect to the number and health of the soldiers.
Third, to provide them weekly with their rations and ammuni- tion.
Fourth (is given entire), " You must avoid harshness of words, and heat of passion, seeking rather to reconcile differences, than to be head of a party. Preserve yourself single and indifferent as to justice between Soldiers and Burghers. Give not too easy an ear to private whisperers and insinuators, which may overrule your judgment, and beget a prejudice in your mind against the Dutch. For though I am not apt to believe they have a natural affection for the English, yet without ill usage, I do not find them so malicious as some will seek to persuade you they are."
Fifth enjoins kind treatment of Indians, and that they are not to come in the town with " arms fixed."
Sixth and seventh are in regard to looking to his farm, and that he and the soldiers may sow and reap for themselves.
Eighth, in regard to accidental matters, he is to exercise his dis- cretion. These instructions were dated the 23d of October, 1665. They certainly exhibit sound sense and judgment, and if lived up to would avoid much difficulty and trouble.
No other change in the government was made by Governor Nicolls. The municipal officers and the form of government con- tinued the same. Captain Chambers was continued in command of the militia.
Having thus arranged matters in reference to the administra- tion of affairs at Esopus, he turned his attention to the other ob- ject of his visit, suggested above, to procure more land from the natives. In regard to the details of his negotiation we have no information, and they are of no moment. The result is registered in a treaty between him and the " sachems and People called the
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HISTORY OF KINGSTON.
Esopus Indians," ratified and consummated at Fort James (New York) on the 7th day of October, 1665, the original of which is preserved among the records of the Ulster county clerk's office. It provides substantially : (1) That no act of hostility be committed on either part, and if damage is done by either party full satisfac- tion is to be made upon demand. (2) Murder to be punished by death. (3) A convenient house is to be built without the village. where the Indians can lodge and leave their arms, and sell or buy what they please from the Christians. (4) The said sachems and their subjects grant, alienate, and confirm to the Duke of York all their right, etc., to a " certain parcel of land lying and being to the West and Southwest of a certain Creek or River, called by the name of Kahanksen, and so up to the head thereof, where the old fort was, and so with a direct line from thence through the woods and across the meadows to the Great Hill, lying and being to the West or Southwest, which Great hill is to be the true West or Southwest bounds of the said lands. And the said creek called Kahanksen the North or Northeast bounds of the said lands here- inmentioned.
" In token of the aforesaid agreement, the aforesaid Sachems do deliver two small sticks ; and in confirmation thereof, do deliver two more small sticks to the said Richard Nicolls. And in the name of the Indians their subjects, and of the subjects do deliver two other round small sticks in token of their assent to the said agreement. And the said Richard Nicolls does deliver to their Sachems three laced red coats ;" and then the treaty further de- clares " that all past injuries are buried and forgotten on both sides." The sachems also agreed "to come once every year and bring some of their young People, to acknowledge every part of this agreement in the Sopes to the end that it may be kept in per- petual memory."
.
The consummation of this agreement enabled Governor Nicolls to offer flattering inducements for the settlement of farmers in the territory. He issued circulars for that purpose, designating the lands offered as located on the west side of the river, at or adjoin- ing the Sopes ; adding that he had " purchased all the Sopes land, which is now ready for cultivation, being clear ground."
Unfortunately, Captain Brodhead did not heed, as he should have done, the wise counsel of Nicolls, but acted with his com- mand in such manner as greatly to exasperate the Dutch, and in- crease the ill-feeling between the citizens and the soldiery. His conduct, instead of being conciliatory, was harsh and oppressive, and he countenanced the same line of action in his command. For the slightest offence by a citizen or burgher a committal to the guard-house was the punishment. A Dutch burgher, who insisted
,
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HISTORY OF KINGSTON.
upon keeping Christmas in the Dutch style in preference to the English, was punished by imprisonment. For some slight cause he quarrelled with Slecht, the village brewer, and one of the offi- cers in the militia, and ordered him arrested and imprisoned. The villagers were thereby aroused, and rushed to arms and demanded his release. Brodhead called out some of his soldiers, and ordered the people to disperse ; they refused. The magistrates then de- manded that the prisoner should be brought before them for trial. That he refused to do. After a long parley over the matter, the people were quieted and dispersed, under an agreement that the whole matter should be submitted to Governor Nicolls.
Another cause of difficulty and ill-temper on the part of the Dutch was the killing of Hendrick Cornellisen, one of the vil- lagers, by one of Brodhead's soldiers, William Fisher.
Governor Nicolls was notified of these difficulties, and redress demanded by the citizens. The governor on the 16th of April, 1667, appointed a commission, consisting of three persons-Counsel- lors Needham and Delavall and Justice Van Ryen-and directed them " to go to Esopus and hear, receive and determine such and so many complaints as they shall judge necessary or of moment, and to pass sentence of imprisonment, fine, correction or suspen- sion of office against such who shall be found guilty." Such was their commission for the public gaze. He supplemented the com- mission, however, with private instructions, guarded in tone, it is true, but intimating very plainly what were his private opinions and wishes.
He advised them to " take up the Fisher murder case first, and hear the evidence patiently, and if no more notorious circumstance appears in full evidence against Fisher than is already alleged, you will conclude him guilty of Manslaughter. If it appears that the Dutchman ran upon the sword to assault Fisher, I conceive it may have happened in his own defence."
" When you examine the rising in arms, begin with the first occasion, and you will find that Brodhead did only offer to fling a dish at the Brewer, but did not ; that he offered to draw his sword, but neither did nor could ; you will also find that the Brewer presently ran in upon him, made the assault, gave the first blow, after which many abuses followed ; upon which beginning of the quarrel, you are to declare that the King's officer is not of so mean a quality to be struck by a Burgher, and further enlarge the discourse as you shall find fit."
" Having proceeded thus far you are to call the chief and others the most violent actors, and promoters of the riot before you. In the first place, open the case of rising in arms against an estab- lished Garrison of his Majesty, which unlawful assembly of armed
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men is no less than Treason. You are to admit of no reasonings or pretences for their so doing. . . . And according to the evi- dence brought in against them, who appeared the most notori- ous, reducing the number to a few, not exceeding six, you may conclude them by sentence in writing to be guilty of a treasonable and malicious riot, that you remit the final punishment to me ;" and he then further directed that they be brought down to him, the governor, as prisoners.
The instructions further stated that they would find that Brod- head had disobeyed his (the governor's) instructions several times, and they would do well to suspend him for that fault alone, and thus avoid any examination in the other complaints ; and then they " could easily answer the number of complaints that Brod- head had part of his punishment already, the rest will be commit- ted to me" (the governor).
Another of the directions contained in the instructions was " not to discourage the soldiers too much in public, lest the Boors insult over them. Appear favorable to the most of the Boors, but severe against the principal Incendiaries."
Also, " Albert Heymans and Anthony D. Elba have spoken most malicious words, and I look upon them as great incendiaries and disaffected persons ; if their words be proved they shall not be suffered to live in this government ; if they have been actors in the late riot, pitch upon them two for ringleaders, and give order to inventory and secure their estates by the Schout and Commis- saries."
They were further directed not to have a jury, and to admit very few into the room where they sat.
At the trial or examination held by the commission appointed by Governor Nicolls, under special instructions in regard to their finding, as has been stated, the complaints stated substantially that since the departure of Governor Nicolls the complainants had suffered too much injury and violence, not only from the soldiers in general, but from Captain Brodhead in particular, who, they say, ought to have punished the wrongs done by the soldiers. The complaint then proceeded in the recital of a large number of grievances which in these days would clearly, in public estimation, justify a rising and arming in self-defence.
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