USA > New York > The history of the late province of New-York, from its discovery, to the appointment of Governor Colden, in 1762. Vol. I > Part 28
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28
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NOTE A .- Page 2.
CHARLEVOIX, a French jesuit, author of the General History of New France, thinks the discovery of New-York and Hudson's river was in 1609; but Stith, Douglass, Oldmixon, and other English writers agree, that Hudson's first voyage was in the preceding year. It was thought to be a demonstration of a discovery of the country before this period, that the marks of a hatchet were found on the body of a tree in the spring of 1775, which had been made in 1590. The block was brought to town and shown to the author. But the discoverer abused the value he had set upon this curiosity, to whom I observed, that the Indians, upon the authority of Stith's history, might have got the instrument from Canada, where Targues Carteu, according to De Laet, the discoverer, had watered in 1536, at St. Croix, a little above Quebec, and afterwards revisited the St. Law- rence in 1540 with five ships, and continued the crew at Chaslebourg, above St. Croix, to 1542, or from the English who came first to Wococon, or Ocacock, to the southward of Cape Hatteras, on the second of July, 1582, and a few days after entered Albemarle Sound. That they returned to it under Sir Richard Grenville on the 26th May, 1585, who, on his return that summer to England, left about one hundred persons at Roanoke, who expanded themselves southward and northward, and had dealings with the Indians above one hundred and thirty miles northwest into their country. That Sir Francis Drake visited the new colony in 1586, after burning St. Antony Urlena, in Florida, where he found the Spaniards had commenced settlements. That Sir Richard Grenville revisited that country the same year, and Capt. White with his company the next; and that in 1588 Sir Walter Raleigh had then expended forty thousand pounds upon the enterprise for planting a colony under the name of Virginia .- Sir Thomas Smith's company, after Raleigh's assignment, arrived August the 3d, 1590, the year designated on the block. Mr. Robert Yates, the surveyor, who brought it to town, gave me the following certificate of the discovery in a letter dated May the 3d, 1775:
" Sir : In the course of the survey of the patent granted in the year 1672, to Van Hendrichy Van Baale, in the county of Albany, as claimed by the proprie- tors thereof, the surveyors were particularly directed by the arbitrators appointed for the determination of its contested boundaries to bore the marked trees standing on and at some distance from the lines. In consequence of it a num- VOL. I .- 49
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ber of trees were bored ; several whereof appeared to be cut or marked, whose respective ages, upon ascertaining the streaks grown over such marks, counted from 110 to 140 years. But what more particularly strikes my attention, and to which I can find no satisfactory solution is, that at the distance of about one mile south-west from a hill called Kych-Uyt, in a pine wilderness, remote from any settlement, one of the axe-men, for the sake of keeping him in employ, was ordered, on the seventh March, 1775, to cut a pitch pine tree of about two feet diameter, whercon there was little, if any, appearance of a mark-about six inches in the tree a cut or mark was discovered and the block taken out. In splitting it with the grain it opened to our view several cuts of an axe or other sharp iron tool, the dents whereof appeared as fresh and new as if the mark had been made within a year. In counting of the rings or streaks grown over · these marks, it amounted to one hundred and eighty-five, so that the cut was made in the year 1590, at least 17 years before Hudson's discovery of this coun- try. Itis well known that the natives had no iron tools before their acquaintance and intercourse with the Europeans, and it is this circumstance that involves me in the difficulty of accounting for its mark at that early period. Proof of the number of streaks grown over marks has often in our courts been allowed to ascertain its age. I have, therefore, been at some pains to discover its certainty, and can, from my own experience, declare that it amounts to demonstration .- Among the variety of instances, the two following are the most remarkable :- In the year 1762, I was present when a number of trees were marked on the survey of the township of Kinderhook. In the year 1772, I re-surveyed these lines, and ordered several of those marks to be opened, and thereupon found that all those trees, though of different kinds, invariably counted ten streaks above the marks. I have, also, been employed in the year 1768 to re-survey the bounds of a patent, which appeared by the deputy surveyor's return to have been originally laid out for the patentee in the year 1738 : to satisfy myself as to the certainty of the trees which were shewn me as marked on his survey, I borcd a beach tree, whereon the initial letters of his name appeared standing in the corner of one of the sides, and found that the streaks above it counted exactly thirty.
I am, sir, your most obedient servant,
New-York, May 3, 1775. ROBERT YATES.
On inspecting the block, I observed that the rings of growth differed in their distance from each other, probably according to the variety of the years as more or less favorable. But if the age of the tree is to be computed by the fourth part ofits diameter acquired in one hundred and eighty-five years, and was conse- quently for twenty-four inches over seven hundred and forty years old, how venerable our forests of pine in which there are many trees of from three to four feet in diameter, which must then be from one thousand to near fifteen hundred years old; and how many more they continue at a stand and on the decline before they fall, none can presume. The land most abounding with pine is light, dry and sandy, and where the trunks have rotted away they have knots which no weather seems to affect ; yet in the repletion of the interstices with rosin or an unctuous substance that is very inflamable, and which the country people collect and use for lights to work by in long winter evenings .- These are found where there is not the least appearance of a hillock for the trunk to which they originally belonged, and this leads to as remote antiquity for
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their first formation as for rocks and other permanent substances. Pliny says, " Vita arborum quærundarum immensa credi potest," but he mentions no species of trees with certainty of an age equal to what we conjecture of the American firs commonly called pitch pine. There is a white pine tree on the banks of Batton creck, in the township of Cambridge, in this province, of the diameter of seven feet. No fir as yet discovered exceeds four.
NOTE B .- Page 3.
The pamphlet is entitled, "Beschryvinghevan Virginia, Neiuw Nederland," &c. and was printed at Amsterdam in 1651. It contains two descriptions of the Dutch possessions. The first is a copy of that published by John De Laet, at Leyden. The second gives a view of this country several years after, in 1649. A short representation of the country of the Mahakuase Indians, written in 1644, by John Megapolensis, jun. a Dutch minister residing here, is annexed to that part of the pamphlet concerning New-Netherland.
NOTE C .- Puge 5.
The anonymous Dutch author of the description of New-Netherland in 1649, calls him Minnewits ; and adds, that in 1638 he arrived at Delaware with. two vessels, pretending that he touched for refreshment in his way to the West- Indies; but that he soon threw of the disguise, by employing his men in erect- ing a fort. The same historian informs us of the murder of several Dutch men at South River, by the Indians, occasioned by a quarrel, concerning the taking away the States' Arms, which the former had erected at the first discovery of the country ; in resenting which, an Indian had been killed. If Kieft's letter alludes to this affair, then Minuit preceded Van Twiller, in the chief command here ; and being perhaps disobliged by the Dutch, entered into the service of the queen of Sweden.
NOTE D .- Page 7.
The war between Cromwell and the States, which began July, 1652, was con- cluded by a peace on the fifth of April, 1654. The treaty makes no particular mention of this country. If any part of it can be considered as relating to the American possessions, it is to be found in the two first articles, which are in these words : "Imprimis, it is agreed and concluded, that, from this day for- wards, there be a true, firm, and inviolable peace, a sincere, intimate and close friendship, affinity, confederacy, and union, betwixt the republic of England and the States General of the United Provinces of the Netherlands, and the land, countries, cities, and towns, under the dominions of each, without distinction of places, together with their people and inhabitants of whatsoever degree."
II. "That hereafter all enmity, hostility, discord, and contention, betwixt the said republics, and their people and subjects, shall cease, and both parties shall henceforwards abstain from the committing all manner of mischief, plunder, and injuries, by land, by sea, and on the fresh waters, in all their lands countries, dominions, places, and governments whatsoever."
NOTE E .- Page 26.
It was in these words : " Forasmuch as his majesty hath sent us (by com- mission under his great seal of England,) amongst other things, to expel, or to
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reduce to his majesty's obedience, all such foreigners as without his majesty's leave and consent, have seated themselves amongst any of his dominions in America, to the prejudice of his majesty's subjects and diminution of his royal dignity, we, his said majesty's commissioners, do 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, shall be protected in his majesty's laws and justice, and peaceably enjoy whatsoever God's blessing and their own honest industry have furnished them with ; and all other privileges with his majesty's English subjects. We have caused this to be published, 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 befal such as live here, and will acknowledge his majesty for their sovereign, whem God preserve."
NOTE F .- Page 47.
The Court of Assizes was one both of law and equity, for the trial of causes of £20, and upwards, and ordinarily sat but once a year ; subordinate to this were the town courts and sessions ; the former took cognizance of actions under £5, and the latter of suits between that sum and twenty pounds: seven constables and overseers were judges in the first, and in the last the justices of the peace, with a jury of seven men. The verdict of the majority was sufficient.
NOTE G .- Page 49.
Another reason is assigned for the favour Renslaer met with from the crown. It is said, that while Charles II. was an exile, he predicted the day of his restora- tion. The people of Albany had a high opinion of his prophetic spirit, and many strange tales about him still prevail there. The parson made nothing of his claim, the manor being afterwards granted by Colonel Dongan to Killian Van Renslaer, a distant relation. This extensive tract, by the Dutch called a colony, is an oblong extending twenty-four miles upon Hudson's river, and as many on each side. The patent of confirmation was issued by special direction from the king, and is the most liberal in the privileges it grants of any one in the province.
NOTE H .- Page 63.
The amazing falsehoods and gross misrepresentations of the missionaries are notorious to all who give themselves the trouble of perusing the abstracts of their accounts published in England. It would be a very agreeable office to me, on this occasion, to distinguish the innocent from the guilty, but that such a task would infallibly raise up a host of enemies. Many of the mis- sionaries are men of learning and exemplary morals. Those in America are known and honoured, and cannot be prejudiced by an indiscriminate censure. Their joining in a representation for distinguishing the delinquents, who are a disgrace to the cloth, will serve as a full vindication of themselves to the society. Mr. Ogilive is, I believe, the only person now employed among the Indians by the English Society for Propagating the Gospel, and the greatest part even of his charge is in the city of Albany. 'All the Scotch missionaries are among the heathen, and their success has been sufficient to encourage any future attempts. There is a regular society of Indian converts in New-Jersey ; and it is worthy of
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remark, that not one of them has apostatized into heathenism. Some of them have made such proficiencies in practical religion, as ought to shame many of us, who boast the illuminating age of our native christianity. Not one of these Indians has been concerned in these barbarous irruptions, which have lately deluged the frontiers of the south-western provinces, with the blood of several hundred innocents of every age and sex. At the commencement of these ravages, they flew into the settlements, and put themselves under the protection of the government. These Indians no sooner became christians, than they openly professed their loyalty to king George; and, therefore, to contribute to their conversion was as truly politic as nobly christian. Those colonies which liave done most for this charitable design, have escaped best from the late dis- tressing calamities. Of all the missionaries, Mr. David Brainerd, who recovered these Indians from the darkness of Paganism, was most successful. He died the 9th of October, 1747, a victim to his extreme mortification and inextinguish- able zeal for the prospertiy of his mission. Those who are curious to inquire particularly into the effects of his indefatigable industry, may have recourse to his journal, published at Philadelphia, by the American correspondents of the Scotch society, in whose service he was employed. Dr. Douglass, ever ready to do honour to his native country, after remarking that this self-denying clergyman rode about 4000 miles in the year 1744, with an air of approbation, asks, " Is there any missionary from any of the societies for propagating the gospel in foreign parts, that has reported the like?"
NOTE I .- Page 92.
The following was the declaration of Leisler, signed the 3d of June, 1689 :--- " Whereas our intention tended only but to the preservation of the protestant religion, and the fort of this city, to the end that we may avoid and prevent the rash judgment of the world, in so just a design, wee have thought fitt to let every body know by these public proclamation, that till the safe arryvell of the ships, that wee expect every day, from his royal highness the prince of Orange, witlı orders for the government of this country in the behalf of such person as the said royal highness had chosen, and honoured with the charge of a governor, that as soon as the bearer of the said orders shall have let us see his power, then, and without any delay, we shall execute the said orders punctually; declaring that we do intend to submit and obey, not only the said orders, but also the bearer thereof, committed for the execution of the same. In witness hereof, we have sgined these presents, the 3d of June, 1689."
NOTE K .- Page 161.
The preamble of the act, suggested without doubt by the parties interested in its success, gives a history which no person in England was concerned to con- tradict. Mrs. Farmer, a descendant from Leisler, sent me a copy of the statute in July, 1759. It may serve to show the propriety of calling for a report of facts which have happened at a distance, before final resolutions are taken upon them.
" An Act for reversing the Allainder of Jacob Leisler and others .- WHEREAS, in the late happy revolution, the inhabitants of the province of New-York, in America, did, in their general assembly, constitute and appoint captain Jacob
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Leisler to be commander-in-chief of the said province, until their majesties' pleasure should be known therein. And the said Jacob Leisler was afterwards confirmed in the said command by his majesty's letter, dated the thirtieth day of July, one thousand six hundred and eighty-nine; and the said Jacob Leisler having the administration of the said government of New-York, by virtue of the said power and authority so given and confirmed to him as aforesaid, and being in the exercise thereof, captain Richard Ingoldsby arriving in the said province, in the month of January, Anno Domini one thousand six hundred and ninety, did, without producing any legal authority, demand of the said Jacob Leisler the possession of the fort at New-York ; but the said Jacob Leisler, pursuant to the trust in him reposed, refusing to surrender the said fort into the hands of the said Richard Ingoldsby, kept the possession thereof until the month of March then next following, at which time colonel Henry Sloughter being constituted captain-general and governor-in-chief of the province, arrived there in the evening, and the said Jacob Leisler having notice thereof, that same night (though very late) took care to deliver the said fort to his order, which was done very early the next morning.
"And whereas the said Jacob Leisler, also Jacob Milborne, Abraham Governeur, and several others, were arraigned in the Supreme Court of Judicature at New- York aforesaid, and convicted and attainted of high treason and felony, for not delivering the possession of the said fort to the said Richard Ingoldsby, and the said Jacob Leisler and Jacob Milborne were executed for the same. May it therefore please your most excellent majesty, at the humble petition and request of Jacob Leisler, the son and heir of the said Jacob Leisler, deceased, Jacob Milborne, the son and heir of the said Jacob Milborne, deceased, and of the said Jacob Governeur, that it be declared and enacted,
"And be it enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that the said several convictions, judgments and attainders of the said Jacob Leisler, deceased, Jacob Milborne, deceased, and the said Abraham Governeur, and every of them, be and are repealed, reversed, made and declared null and void to all intents, constructions, and purposes whatsoever, as if no such convictions, judgments, or attainders, had ever been had or given; and that no corruption of blood, or other penalties, or forfeitures of goods, chattels, lands, tenements, heredita- ments, be by the said convictions and attainders, or either of them, incurred, any said usage or custom to the contrary notwithstanding."
END OF VOL. I.
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