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 3
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" My lords : Your first letter, unsigned, of the 20-31st of August, together with that of this day, signed according to form, being the first of Septem- ber, have been safely delivered into our hands by your deputies, unto which we shall say, that the rights of his majestie of England, unto any part of America
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here about, amongst the rest, unto the colonies of Virginia, Maryland, or others in New-England, whether disputable or not, is that which, for the pre- sent, we have no design to debate upon. But that his majestie hath an indisputable right to all the lands in the north parts of America, is that which the kings of France and Spain will disallow, as we abso- lutely do, by virtue of a commission given to me, by my lords, the high and mighty States General, to be governor-general, over New-Holland, the isles of Curacoa, Bonaire, Aruba, with their appurtenances and dependancies, bearing date the twenty-sixth of July, 1646. As also by virtue of a grant and com- . mission, given by my said lords, the high and mighty States General, to the West-India Company, in the year 1621, with as much power and as authentic, as his said majestie of England hath given, or can give, to any colony in America, as more fully appears by the patent and commission of the said lords the States General, by them signed, registered, and sealed with their great seal, which were showed to your deputyes, colonel George Carteret, captain Robert Needham, captain Edward Groves, and Mr. Thomas Delavall ; by which commission and patent together, (to deal frankly with you,) and by divers letters, signed and sealed by our said lords, the States General, directed to several persons, both English and Dutch, inhab- iting the towns and villages on Long-Island, (which, without doubt, have been produced before you, by those inhabitants,) by which they are declared and acknowledged to be their subjects, with express com- mand, that they continue faithful unto them, under penalty of incurring their utmost displeasure, which
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makes it appear more clear than the sun at noon- day, that your first foundation, (viz. that the right and title of his majestie of Great Britain, to these parts of America is unquestionable,) is absolutely to be de- nied. Moreover, it is without dispute, and acknow- ledged by the world, that our predecessors, by virtue of the commission and patent of the said lords, the States General, have without control, and peaceably (the contrary never coming to our knowledge) enjoy- ed Fort Orange about forty-eight or fifty years, the Manhattans about forty-one or forty-two years, the South River forty years, and the Fresh Water River about thirty-six years. Touching the second subject of your letter, (viz. his majestie hath commanded me, in his name, to require a surrender of all such forts, towns, or places of strength, which now are possessed by the Dutch under your command). We shall answer, that we are so confident of the discre- tion and equity of his majestie of Great Britain, that in case his majestie were informed of the truth, which is, that the Dutch came not into these provinces, by any violence, but by virtue of commissions from my lords, the States General, first of all in the years 1614, 1615, and 1616, up the North River, near Fort Orange, where, to hinder the invasions and massacres, commonly committed by the savages, they built a little fort ; and after, in the year 1622, and even to this present time, by virtue of com- mission and grant, to. the governors of the West- India Company ; and moreover, in the year 1656, a grant to the honourable the burgomasters of Amsterdam, of the South River ; insomuch, that by virtue of the above said commissions from the high
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and mighty States General, given to the persons interested as aforesaid, and others, these provinces have been governed, and consequently enjoyed, as also in regard of their first discovery, uninterrupted possessions, and purchase of the lands of the princes, natives of the country, and other private persons (though Gentiles), we make no doubt that if his said majestie of Great Britain were well informed of these passages, he would be too judicious to grant such an order, principally in a time when there is so straight a friendship and confederacy, between our said lords and superiors, to trouble us in the demanding and summons of the places and for- tresses, which were put into our hands, with order to maintain them, in the name of the said lords, the States General, as was made appear to your depu- tyes, under the names and seal of the said high and mighty States General, dated July 28, 1646. Besides what had been mentioned, there is little probability that his said majestie of England (in regard the arti- cles of peace are printed, and were recommended to us to observe seriously and exactly, by a letter writ- ten to us by our said lords, the States General, and to cause them to be observed religiously in this coun- try) would give order touching so dangerous a design, being also so apparent, that none other than my said lords, the States General, have any right to these provinces, and consequently, ought to com- mand and maintain their subjects ; and in their ab- sence, we, the governor-general, are obliged to main- tain their rights, and to repel and take revenge of all threatenings, unjust attempts, or any force what- soever, that shall be committed against their faithful
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subjects and inhabitants, it being a very considera- ble thing, to affront so mighty a state, although it were not against an ally and confederate. Conse- quently, if his said majestie (as it is fit) were well informed of all that could be spoken upon this sub- ject, he would not approve of what expressions were mentioned in your letter; which are, that you are commanded by his majestie, to demand in his name, such places and fortresses as are in the possession of the Dutch under my government ; which, as it appears by my commission before mentioned, was given me by my lords, the high and mighty States General. And there is less ground in the express demand of my government, since all the world knows, that about three years agone, some Eng- lish frigotts being on the coast of Africa, upon a pretended commission, they did demand certain places under the government of our said lords, the States General, as Cape Vert, river of Gambo, and all other places in Guyny, to them belonging. Upon which, our said lords, the States General, by virtue of the articles of peace, having made appear the said attempt to his majestie of England, they received a favourable answer, his said majestie disallowing all such acts of hostility as might have been done, and besides, gave order that restitution should be made to the East-India Company, of whatsoever had been pillaged in the said river of Gambo; and likewise restored them to their trade, which makes us think it necessary that a more express order should appear unto us, as a sufficient warrant for us, towards my lords, the high and mighty States General, since by virtue of our said commission, we do in these pro-
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vinces, represent them, as belonging to them, and not to the king of Great Britain, except his said majestie, upon better grounds, make it appear to our said lords, the States General, against which they may defend themselves as they shall think fit. To conclude : we cannot but declare unto you, though the governors and commissioners of his majestie have divers times quarrelled with us about the bounds of the jurisdiction of the high and mighty the States General, in these parts, yet they never questioned their jurisdiction itself; on the con- trary, in the year 1650, at Hartford, and the last year at Boston, they treated with us upon this subject, which is a sufficient proof that his majestie hath never been well informed of the equity of our cause, insomuch as we cannot imagine, in regard of the articles of peace between the crown of England and the States General, (under whom there are so many subjects in America as well as Europe,) that his said majestie of Great Britain would give a commis- sion to molest and endamage the subjects of my said lords, the States General, especially such, as ever since fifty, forty, and the latest thirty-six years, have quietly enjoyed their lands, countries, forts, and inheritances ; and less, that his subjects would attempt any acts of hostility or violence against them : and in case that you will act by force of arms, we protest and declare, in the name of our said lords, the States General, before God and men, that you will act an unjust violence, and a breach of the articles of peace, so solemnly sworn, agreed upon, and ratified by his majestie of England, and my
VOL. I .- 4
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lords, the States General, and the rather, for that to prevent the shedding of blood, in the month of February last, we treated with Captain John Scott, (who reported he had a commission from his said majestie,) touching the limits of Long-Island, and concluded for the space of a year ; that in the mean time, the business might be treated on between the king of Great Britain and my lords, the high and mighty States General : and again, at present, for the hindrance and prevention of all differences, and the spilling of innocent blood, not only in these parts, but also in Europe, we offer unto you, a treaty by our deputyes, Mr. Cornelius Van Ruyven, secre- tary and receiver of New-Holland, Cornelius Steen- wick, burgomaster, Mr. Samuel Megapolensis, doc- tor of physic, and Mr. James Cousseau, heretofore sheriff. As touching the threats in your conclusion, we have nothing to answer, only that we fear nothing but what God (who is as just as merciful,) shall lay upon us ; all things being in his gracious disposall, and we may as well be preserved by him with small forces as by a great army, which makes us to wish you all happiness and prosperity, and recommend you to his protection. My lords, your thrice humble and affectionate servant and friend, signed P. Stuy- vesant .- At the fort at Amsterdam, the second of September, new stile, 1664."
While the Dutch governor and council were con- tending with the burgomasters and people in the city, the English commissioners published a procla- mation* in the country, encouraging the inhabitants
* See Note E.
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to submit, and promising them the king's protection, and all the privileges of subjects ; and as soon as they discovered by Stuyvesant's letter, that he was averse to the surrender, officers were sent to beat up for volunteers in Middleborough, Ulisson, Jamaica, and Hempstead. A warrant was also issued to Hugh Hide, who commanded the squadron, to prosecute the reduction of the fort; and an English ship then trading here was pressed into the service. These preparations induced Stuyvesant to write another letter, on the 25th of August, old style, wherein, though he declares that he would stand the storm, yet to prevent the spilling of blood, he had sent John De Decker, counsellor of state, Cornelius Van Riven, secretary and receiver, Cornelius Steenwyck, major, and James Cousseau, sheriff, to consult, if possible, an accommodation. Nicolls, who knew the dis- position of the people, answered immediately from Gravesend, that he would treat about nothing but a surrender. The Dutch governor, the next day, agreed to a treaty and surrender, on condition the English and Dutch limits in America, were settled by the crown and the States General. The English deputies were Sir Robert Carr, George Carteret, John Winthrop, governor of Connecticut, Samuel Willys, one of the assistants or council of that colony, and Thomas Clarke and John Pynchon, commissioners from the general court of the Mas- sachuset's Bay, who, but a little before, brought an aid from that province. What these persons agreed upon, Nicolls promised to ratify. At eight o'clock in the morning of the 27th of August, 1664, the commissioners, on both sides, met at the Governor's
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Farm, and there signed the following articles of capitulation :
" These articles following were consented to by the persons here-under subscribed, at the Governor's Bowery, August the 27th, old style, 1664. 1
"I. We consent, that the States General, or the West-India Company, shall freely injoy all farms and houses (except such as are in the forts) and that within six months, they shall have free liberty to transport all such arms and ammunition, as now does belong to them, or else they shall be paid for them.
" II. All publique-houses shall continue for the uses which they are for.
" III. All people shall still continue free denizens, and shall injoy their lands, houses, goods, where- soever they are within this country, and dispose of them as they please.
"IV. If any inhabitant have a mind to remove himself, he shall have a year and six weeks from this day, to remove himself, wife, children, servants, goods, and to dispose of his lands here.
" V. If any officer of state, or publique minister of state, have a mind to go for England, they shall be transported fraught free, in his Majesty's frigotts, when these frigotts shall return thither.
" VI. It is consented to, that any people may freely come from the Netherlands, and plant in this colony, and that Dutch vessels may freely come hither, and any of the Dutch may freely return
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home, or send any sort of merchandise home, in vessels of their own country.
" VII. All ships from the Netherlands, or any other place, and goods therein, shall be received here, and sent hence, after the manner which formerly they were before our coming hither, for six months next ensuing.
" VIII. The Dutch here shall injoy the liberty of their consciences in divine worship and church discipline.
" IX. No Dutchman here, or Dutch ship here, shall upon any occasion, be pressed to serve in war against any nation whatsoever.
" X. That the townsmen of the Manhattans, shall not have any soldiers quartered upon them, without being satisfied and paid for them by their officers, and that at this present, if the fort be not capable of lodging all the soldiers, then the burgo- masters, by their officers, shall appoint some houses capable to receive them.
"XI. The Dutch here shall injoy their own cus- toms concerning their inheritances.
"XII. All publique writings and records, which concern the inheritances of any people, or the regle- ment of the church or poor, or orphans, shall be carefully kept by those in whose hands now they are, and such writings as particularly concern the States General, may at any time be sent to them.
" XIII. No judgment that has passed any judica- ture here, shall be called in question, but if any conceive that he hath not had justice done him, if he apply himself to the States General, the other party shall be bound to answer for the supposed injury.
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" XIV. If any Dutch living here shall at any time desire to travaile or traffique into England, or any place, or plantation, in obedience to his majesty of England, or with the Indians, he shall have (upon his request to the governor) a certificate that he is a free denizen of this place, and liberty to do so.
" XV. If it do appeare, that there is a publique engagement of debt, by the town of the Manhatoes, and a way agreed on for the satisfying of that engagement, it is agreed, that the same way pro- posed shall go on, and that the engagement shall be satisfied.
" XVI. All inferior civil officers and magistrates shall continue as now they are, (if they please,) till the customary time of new elections, and then new ones to be chosen by themselves, provided that such new chosen magistrates shall take the oath of alle- giance to his majesty of England before they enter upon their office.
"XVII. All differences of contracts and bargains made before this day, by any in this country, shall be determined according to the manner of the Dutch.
" XVIII. If it do appeare, that the West-India Company of Amsterdam, do really owe any sums of money to any persons here, it is agreed that recog- nition and other duties payable by ships going for the Netherlands, be continued for six months longer.
" XIX. The officers military, and soldiers, shall march out with their arms, drums beating, and cou- lours flying, and lighted matches; and if any of them will plant, they shall have fifty acres of land
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set out for them ; if any of them will serve as ser- vants, they shall continue with all safety, and be- come free denizens afterwards.
" XX. If, at any time hereafter, the king of Great Britain and the States of the Netherland do agree that this place and country be re-delivered into the hands of the said States, whensoever his majestie will send his commands to re-deliver it, it shall immediately be done.
" XXI. That the town of Manhattans shall choose deputyes, and those deputyes shall have free voyces in all publique affairs, as much as any other deputyes. " XXII. Those who have any property in any houses in the fort of Aurania, shall (if they please) slight the fortifications there, and then enjoy all their houses as all people do where there is no fort.
" XXIII. If there be any soldiers that will go into Holland, and if the Company of West-India in Am- sterdam, or any private persons here will transport them into Holland, then they shall have a safe pass- port from colonel Richard Nicolls, deputy-governor under his royal highness, and the other commission- ers, to defend the ships that shall transport such soldiers, and all the goods in them, from any sur- prizal or acts of hostility, to be done by any of his majestie's ships or subjects. That the copies of the king's grant to his royal highness, and the copy of his royal highness's commission to colonel Richard Nicolls, testified by two commissioners more, and Mr. Winthrop, to be true copies, shall be delivered to the honourable Mr. Stuyvesant, the present go- vernor, on Monday next, by eight of the clock in the morning, at the Old Miln, and these articles
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consented to, and signed by colonel Richard Nicolls, deputy-governor to his royal highness, and that within two hours after the fort and town called New- Amsterdam, upon the isle of Manhatoes, shall be delivered into the hands of the said colonel Richard Nicolls, by the service of such as shall be by him thereunto deputed, by his hand and seal.
JOHN DE DECKER.
ROBERT CARR.
NICH. VERLEETT.
GEO. CARTERET.
SAM. MEGAPOLENSIS.
JOHN WINTHROP.
CORNELIUS STEENWICK.
SAM. WILLYS.
OLOFFE S. VAN KORTLANT.
THOMAS CLARKE.
JAMES COUSSEAU.
JOHN PINCHON.
" I do consent to these articles,
RICHARD NICOLLS."
These articles, favourable as they were to the inha- bitants, were however very disagreeable to the Dutch governor, and he therefore refused to ratify them, till two days after they were signed by the commis- sioners.
The town of New-Amsterdam, upon the reduction of the island Manhattans, took the name of New- York. It consisted of several small streets, laid out in the year 1656, and was not inconsiderable for the number of its houses and inhabitants. The easy terms of the capitulation, promised their peace- able subjection to the new government, and hence we find, that in two days after the surrender, the Boston aid was dismissed with the thanks of the commissioners to the general court. Hudson's and
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the South River were, however, still to be reduced. Sir Robert Carr commanded the expedition on De- laware, and Carteret was commissioned to subdue the Dutch at Fort-Orange. The garrison capitulated on the 24th of September, and he called it Albany, in honour of the Duke. While Carteret was here, he had an interview with the Indians of the Five Nations, and entered into a league of friendship with them, which remarkably continues to this day .* Sir Robert Carr was equally successful on South River, for he compelled both the Dutch and Swedes to capitulate and deliver up their garrisons the 1st of October, 1664 ; and that was the day in which the whole New-Netherlands became subject to the English crown. Very few of the inhabitants thought proper to remove out of the country.t Governor Stuyvesant himself held his estate and died here. His remains were interred in a chapel which he had erected on his own farm, at a small distance from the city, now possessed by his grandson Ge- rardus Stuyvesant, a man of probity, who has been elected into the magistracy above thirty years suc- cessively. Justice obliges me to declare, that for loyalty to the present reigning family, and a pure attachment to the protestant religion, the descend- ants of the Dutch planters are perhaps exceeded by none of his majesty's subjects.
The Dutch were sensible of the importance of preserving an uninterrupted amity with those Indians, for they were both very numerous and warlike. The French pursued quite different measures, and the irruptions of those tribes, according to their own authors, have often reduced Canada to the brink of ruin. t Sir Robert Carr arrived at Bristol, 1st June, 1667, and died the next day. Carteret went home in 1664, leaving Maverick at Boston .- Vid. New England's Memorial, by Nath. Morton, secretary for New Plymouth, p. 219, edit. 12mo. 1721.
VOL. I .- 5
THE
HISTORY OF NEW-YORK.
PART II. 1239353
FROM THE SURRENDER IN 1664, TO THE SETTLEMENT AT THE REVOLUTION.
RICHARD NICOLLS being now possessed of the country, took the government upon him, under the style of " deputy-governor under his royal highness the duke of York, of all his territories in America." During his short continuance here, he passed a vast number of grants and confirmations of the ancient Dutch patents, the profits of which must have been very considerable. Among these, no one has occasioned more animated contention, than that called the Elizabeth Town Grant, in New-Jersey ; which, as it relates to another colony, I should not have mentioned, but for the opportunity to caution the reader against the representation of that contro- versy contained in Douglass's Summary. I have sufficient reasons to justify my charging that account with partiality and mistakes ; and for proofs, refer
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to the printed answer in chancery, published in the year 1751.
Besides the chief command of this province, Nicolls had a joint power* with Sir Robert Carr, Carteret, and Maverick, to settle the contested boundaries of certain great patents. Hence we find, that three of them had a conference with several gentlemen from Connecticut, respecting the limits of this and that colony. The result was an adjudication in these words :
" By virtue of his majesty's commission, we have heard the difference, about the bounds of the patents granted to his royal highness the duke of York, and his majesty's colony of Connecticut, and having deliberately considered all the reasons alleged by Mr. Allyn, sen. Mr. Gold, Mr. Richards, and captain Winthrop, appointed by the assembly held at Hart- ford, the 13th of October, 1664, to accompany John Winthrop, esq. the governor of his majesty's colony of Connecticut, to New-York, and to agree upon the bounds of the said colony, why the said Long Island should be under the government of Connecticut, which are too long here to be recited, we do declare and order, that the southern bounds of his majesty's colony of Connecticut, is the sea, and that Long Island is to be under the government of his royal highness the duke of York, as is expressed by plain
* The commission from king Charles II. was dated 26th of April, 1664. After a recital of disputes concerning limits in New-England, and that addresses had been sent home from the Indian natives, complaining of abuses received from the English subjects ; the commissioners, or any three or two of them, of which Nicolls was to be one, were authorized to visit the New-England colonies, and determine all complaints military, civil, and criminal, according to their discre- tion, and such instructions, as they might receive from the crown.
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words, in the said patents, respectively, and also by virtue of his majesty's commission, and the consent of both the governors and the gentlemen above- named. We also order and declare, that the creek, or river, called Mamaroneck, which is reputed to be about thirteen miles to the east of West-chester, and a line drawn from the east point or side, where the fresh water falls into the salt, at high water mark, north-north-west to the line of the Massa- chuset's, be the western bounds of the said colony of Connecticut, and all plantations lying westward of that creek and line so drawn, to be under his royal highness's government ; and all plantations lying eastward of that creek and line, to be under the government of Connecticut. Given under our hands, at James's Fort in New-York, on the island of Manhattan, this 1st day of December, 1664.
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