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 4
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" RICHARD NICOLLS.
" GEORGE CARTERET.
" S. MAVERICKE.
" We the governour and commissioners of the general assembly of Connecticut, do give our con- sent to the limits and bounds above mentioned, as witness our hands.
" JOHN WINTHROP, Jun. - GOLD,
" JOHN WINTHROP,
" ALLEN, Sen.
" RICHARDS."
At the time of this determination, about two-thirds of Long Island were possessed by people from New-England, who had gradually encroached upon the Dutch. As to the settlement between New-York
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and Connecticut on the main, it has always been considered by the former, as founded upon ignorance and fraud .* The station at Mamaroneck was about thirty miles from New-York ; from Albany one hundred and fifty. The general course of the river is about north 12 or 15 degrees east : and hence it is evident, that a north-north-west line will soon intersect the river, and consequently leave the Dutch country, but a little before surrendered to colonel Carteret, out of the province of New-York. It has been generally esteemed, that the Connecticut commissioners in this affair, took advantage of the duke's agents, who were ignorant of the geography of the country.
The duke's commissioners in their narrative ex- press themselves thus : " The bounds between the duke's province and Connecticut were mistaken by wrong information, for it was not intended that they should come nearer Hudson's river than twenty miles, yet the line was set down by the commissioners to go from such a point N. N. W., whereas it ought to go just N., otherwise the lines will go into Hudson's river."
About the close of the year, the estate of the West-India company was seized and confiscated, hostilities being actually commenced in Europe as well as America, though no declarations of war had yet been published by either of the contending parties. A great dispute between the inhabitants of Jamaica on Long Island, which was adjusted by colonel Nicolls, on the 2d of January, 1665, gave
* The town of Rye was settled under Connecticut, and the grant from that colony is bounded by this line of division.
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rise to a salutary institution, which has in part obtained ever since. The controversy respected Indian deeds, and thenceforth it was ordained, that no purchase from the Indians, without the governor's license executed in his presence, should be valid. The strength and numbers of the natives rendered it necessary to purchase their rights ; and to prevent their frequent selling the same tract, it was expedient that the bargain should be attended with some con- siderable solemnity.
Colonel Nicolls also published an instrument to encourage settlers under the title of " The condi- tions for new planters in the territories of his royal highness the duke of York." /I have met with three printed copies of it. It was in these words :
" The purchases are to be made from the Indian sachems, and to be recorded before the governor. The purchasers are not to pay for their liberty of pur- chasing to the governor. The purchasers are to set out a town and inhabit together. No purchaser shall, at any time, contract for himself with any sachem without consent of his associates, or special warrant from the governor. The purchasers are free from all manner of assessments or rates for five years after their town-plot is set out, and when the five years are expired, they shall only be liable to the public rates and payments according to the custom of other inhabitants, both English and Dutch. All lands thus purchased and possessed, shall remain to the purchasers and their heirs as free lands to dispose of as they please.
" In all territories of his royal highness, liberty of conscience is allowed, provided such liberty is
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not converted to licentiousness, or the disturbance of others in the exercise of the protestant religion. The several townships have liberty to make their peculiar laws, and decide all small cases within themselves. The lands which I intend shall be first planted, are those upon the west side of Hudson's river, at or adjoining the Sopes. The governor hath purchased all the Sopes land, which is now ready for planters to put the plough into, it being clear ground. But if any number of men sufficient for two, or three, or more towns, shall desire to plant upon any other lands, they shall have all due encou- ragement proportionable to quality and undertak- ings. Every township is obliged to pay their minis- ter, according to such agreement as they shall make with him, and no man to refuse his proportion ; the minister being elected by the major part of the householders, inhabitants of the town Every town- ship to have the free choice of all the officers, both civil and military ; and all men who shall take the oath of allegiance to his majesty, and who are not servants or day labourers, but are admitted to enjoy town lots, are esteemed freemen of the jurisdiction, and cannot forfeit the same without due process in law. R. NICOLLS."
Another instance of colonel Nicolls' prudence, was his gradual introduction of the English methods of government. It was not till the 12th of June, this year, that he incorporated the inhabitants of New-York, under the care of a mayor, five aldermen, and a sheriff. Till this time the city was ruled by a scout, burgomasters, and schepens.
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In March preceding, there was a great convention before the governor, at Hempstead, of two deputies from every town on Long Island, empowered to bind their constituents, The design of their meeting was to adjust the limits of their townships for the preservation of the public peace.
The war being proclaimed at London on the 4th of this month, Nicolls received the account of it in June, with a letter from the lord chancellor, inform- ing him, that De Ruyter, the Dutch admiral, had orders to visit New York. His lordship was mis- informed, or the admiral was diverted from the enterprise, for the English peaceably held the possession of the country during the whole war, which was concluded on the 21st of July, 1667, by the treaty of Breda. Some are of opinion, that the exchange made with the Dutch for Surinam, which they had taken from us, was advantageous to the nation ; but these judges do not consider, that it would have been impossible for the Dutch to have preserved this colony against the increasing strength of the people in New-England, Maryland, and Virginia.
After an administration of three years, Nicolls returned to England. The time during his short residence here, was almost wholly taken up in confirming the ancient Dutch grants. He erected no courts of justice, but took upon himself the sole decision of all controversies whatsoever. Complaints came before him by petition : upon which he gave a day to the parties, and after a summary hearing, pronounced judgment. His determinations were VOL. I .- 6
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called edicts, and executed by the sheriffs he had appointed. It is much to his honour, that notwith- standing all this plenitude of power, he governed the province with integrity and moderation. A representation from the inhabitants of Long Island, to the general court of Connecticut, made about the time of the revolution, commends him as a man of an easy and benevolent disposition ; and this testi- monial is the more to be relied upon, because the design of the writers was, by a detail of their grievances, to induce the colony of Connecticut to take them under its immediate protection.
Francis Lovelace, a colonel, was appointed by the Duke, to succeed Nicolls in the government of the province, which he began to exercise in May, 1667. As he was a man of great moderation, the people lived very peaceably under him, till the re- surrender of the colony, which put an end to his power, and is the only event that signalized his administration.
The ambitious designs of Louis XIV. against the Dutch, gave rise to our war with the States General in 1672. Charles II. a prince sunk in pleasures, profligate, and poor, was easily detached from his alliance with the Dutch, by the intrigues and pecuniary promises of the French king. The following passage from a fine writer,* shows that his pretences for entering into the war were perfectly groundless and trifling.
" The king of England, on his side, reproached them with disrespect, in not directing their fleet to
* Voltaire's Age of Louis XIV.
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lower the flag before an English ship; and they were also accused in regard to a certain picture, wherein Cornelius de Witt, brother to the pen- sionary, was painted with the attributes of a con- queror. Ships were represented in the back-ground of the piece, either taken or burnt. Cornelius de Witt, who had really had a great share in the maritime exploits against England, had permitted this trifling memorial of his glory : but the picture, which was in a manner unknown, was deposited in a chamber wherein scarce any body ever entered. The English ministers, who presented the complaints of their king against Holland, in writing, therein mentioned certain abusive pictures. The States, who always translated the memorials of ambassadors into French, having rendered abusive, by the words fautifs trompeurs, they replied, that they did not know what these roguish pictures (ces tableaux trompeurs) were. In reality, it never in the least entered into their thoughts, that it concerned this portrait of one of their citizens, nor did they ever conceive this could be a pretence for declaring war."
A few Dutch ships arrived the year after, on the 30th July, under Staten Island, at the distance of a few miles from the city of New-York. John Man- ning, a captain of an independent company, had at that time the command of the fort, and by a mes- senger sent down to the squadron, treacherously made his peace with the enemy. On that very day the Dutch ships came up, moored under the fort, landed their men, and entered the garrison, without giving or receiving a shot. A council of
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war was afterwards held at the Stadt-house, at which were present
CORNELIUS EVERTSE. Jun. JACOB BENKES,
Commodores.
ANTHONY COLVE,
NICHOLAS BOES,
ABRAHAM FERD. VAN ZYLL,
Captains.
All the magistrates and constables from East Jersey, Long-Island, Esopu», and Albany, were immediately summoned to New-York; and the major part of them swore allegiance to the States General and the prince of Orange. Colonel Love- lace was ordered to depart the province, but after- wards obtained leave to return to England with commodore Benkes. It has often been insisted on, that this conquest did not extend to the whole pro- vince of New-Jersey, but upon what foundation I cannot discover. From the Dutch records, it ap- pears, that deputies were sent by the people inha- biting the country, even so far westward as Dela- ware river, who in the name of their principals, made a declaration of their submission ; in return for which, certain privileges were granted to them, and three judicatories erected at Niewer Amstel, Upland, and Hoer Kill. Colve's commission to be governor of this country is worth printing, because it shows the extent of the Dutch claims. The trans- lation runs thus :
" The honourable and awful council of war for their high mightinesses the States General of the United Netherlands and his serene highness the prince of Orange, over a squadron of ships, now at anchor in Hudson's river, in New-Netherlands : To
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all those who shall see or hear these, greeting. As it is necessary to appoint a fit and able person to carry the chief command over this conquest of New- Netherlands, with all its appendancies and depen- dancies, from Cape Hinlopen, on the south side of the South or Delaware bay, and fifteen miles more southerly, with the said bay and South river in- cluded ; so as they were formerly possessed by the directors of the city of Amsterdam, and after by the English government, in the name and right of the Duke of York ; and further, from the said Cape Hinlopen, along the Great Ocean, to the east end of Long-Island, and Shelter-Island ; from thence westward to the middle of the Sound, to a town called Greenwich, on the main, and to run landward in, northerly ; provided that such line shall not come within ten miles of North river, conformable to a provincial treaty made in 1650, and ratified by the States General, February 22, 1656, and January 23, 1664 ; with all lands, islands, rivers, lakes, kills, creeks, fresh and salt waters, fortresses, cities, towns, and plantations therein comprehended. So it is, that we being sufficiently assured of the capacity of Anthony Colve, captain of a company of foot, in the service of their high mightinesses, the States Gene- ral of the United Netherlands, and his serene high- ness the prince of Orange, &c., by virtue of our commission, granted us by their before-mentioned high mightinesses and his highness, have appointed and qualified, as we do by these presents appoint and qualify, the said captain Anthony Colve, to govern and rule these lands, with the appendancies and dependancies thereof, as governor-general ; to
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protect them from all invasions of enemies, as he shall judge most necessary; hereby charging all high and low officers, justices, and magistrates, and others in authority, soldiers, burghers, and all the inhabitants of this land, to acknowledge, honour, respect, and obey, the said Anthony Colve, as governor-general ; for such we judge necessary, for the service of the country, waiting the approbation of our principals. Thus done at Fort William Henderick, the 12th day of August, 1673.
" Signed by " CORNELIUS EVERTSE, jun.
" JACOB BENKES."
The Dutch governor enjoyed his office but a very short season, for on the 9th of February, 1674, the treaty of peace between England and the States General was signed at Westminster ; the sixth ar- ticle of which restored this country to the English. The terms of it were generally: " That whatsoever countries, islands, towns, ports, castles, or forts, have or shall be taken on both sides, since the time that the late unhappy war broke out, either in Eu- rope or elsewhere, shall be restored to the former lord and proprietor, in the same condition they shall be in, when the peace itself shall be proclaimed ; after which time there shall be no spoil nor plunder of the inhabitants, no demolition of fortifications, nor carrying away of guns, powder or other military stores, which belonged to any castle or fort, at the time when it was taken."
The lenity which began the administration of colonel Nicolls was continued under Lovelace. He appears to have been a man rather of a phlegmatic
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than an enterprising disposition, always pursuing the common road, and scarce ever acting without the aid of his council.
It was this governor who introduced the prohibi- tion, by proclamation, in 1671, against masters of vessels carrying persons off without a pass from the Secretary's office, and a despatch for his vessel ; and it laid the foundation for fees to that office which were refused by the merchants, but not until near a hundred years afterwards .*
Instead of taking upon himself the sole determi- nation of judicial controversies, after the example of his predecessor, he called to his assistance a few justices of the peace. This, which was called the Court of Assizes,t was the principal law judicatory in those times. The legislative power under the duke, was vested entirely in the governor and coun- cil. A third estate might then be easily dispensed with, for the charge of the province was small,} and in a great measure defrayed by his royal high- ness, the proprietor of the country.
* See the minutes of Council on the 19th and 23d June, 1766. Sir Henry Moore made the legality of the Secretary's passes a question, and upon a diver- sity of opinion between Mr. Chief Justice Horsmanden and Mr. Justice Smith, the council advised an establishment by act of assembly, which was never obtained, as might have been foreseen from the jealous temper of that day, when all the provinces were alarmed by the stamp act and the statute for quartering soldiers.
t See Note F.
# The manner of raising public money was established by colonel Nicolls on the first of June, 1665, and was thus : The high sheriff issued a warrant annually, to the high constables of every district, and they sent theirs to the petty con- stables ; who with the overseers of each town, made a list of all male persons above sixteen years of age, with an estimate of their rent and personal estates, and then taxed them according to certain rates, prescribed by a law. After the assessment was returned to the high sheriff, and approved by the governor, the constables received warrants for levying the taxes by distress and sale.
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Upon the conclusion of peace in 1674, the duke of York, to remove all controversy respecting his property, obtained a new patent* from the king, dated the 29th of June, for the lands granted in 1664, and two days after commissioned major, after- wards Sir Edmond Andross, to be governor of his territories in America. After the resignation of this province, which was made to him by the Dutch possessors, on the 31st of October following, he called a court martial to try Manning for his trea- cherous and cowardly surrender. The articles of accusation exhibited against him were, in substance :
I. That the said Manning, on the 28th of July, 1673, having notice of the approach of the enemy's fleet, did not endeavour to put the garrison in a posture of defence, but on the contrary, slighted such as offered their assistance.
II. 'That while the fleet was at anchor under Staten Island, on the 30th of July, he treacherously sent on board to treat with the enemy, to the great discouragement of the garrison.
III. That he suffered the fleet to moor under the fort, forbidding a gun to be fired on pain of death.
IV. That he permitted the enemy to land without the least opposition.
V. That shortly after he had sent persons to treat with the Dutch commodores, he struck his flag, even before the enemy were in sight of the garrison, the
* Some are of opinion that the second patent was unnecessary, the duke being revested per post liminium. This matter has been often disputed in the eject- ments between the New-Jersey proprietors and the Elizabeth Town patentees. In New-York the right of postliminy was disregarded, and perhaps unknown ; for there are many instances, especially on Long-Island, of new grants from Sir Edmond Andross, for lands patented under Nicolls and Lovelace, by which the quit-rents have been artfully enlarged.
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fort being in a condition, and the men desirous, to fight.
VI. And lastly, that he treacherously caused the fort gates to be opened and cowardly and basely let in the enemy, yielding the garrison without articles.
This scandalous charge, which Manning on his trial confessed to be true, is less surprising than the lenity of the sentence pronounced against him. It was this, that though he deserved death, yet because he had since the surrender been in England, and seen the king and the duke, it was adjudged that his sword should be broke over his head in public, before the City-Hall, and himself rendered incapa- ble of wearing a sword, and of serving his majesty for the future, in any public trust in the government.
This light censure is, however, no proof that Sir Edmond was a man of a merciful disposition ; the historians of New-England, where he was afterwards governor, justly transmit him to posterity under the odious character of a sycophantic tool to the duke, and an arbitrary tyrant over the people committed to his care. He knew no law but the will of his master, and Kirk and Jefferies were not fitter instru- ments than he to execute the despotic projects of James II.
In the year 1675, Nicholas Renslaer, a Dutch clergyman, arrived here. He claimed the manor of Renslaerwick, and was recommended by the duke to Sir Edmond Andross for a living in one of the churches at New-York or Albany, probably to serve the popish cause .* Niewenhyt, minister of the church at Albany, disputed his right to administer
* See Note G,
. VOL. I .--- 7
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the sacraments, because he had received an episco- pal ordination and was not approved by the Classis of Amsterdam, to which the Dutch churches here hold themselves subordinate. In this controversy the governor took the part of Renslaer, and ac- cordingly summoned Niewenhyt before him, to answer for his conduct. This minister was treated with such singular contempt, and so frequently harassed by fruitless and expensive attendances before the council, that the dispute became interest- ing, and the greater part of the people resented the usage he met with. Hence we find that the magis- trates of Albany soon after imprisoned Renslaer, for several dubious words (as they are called in the record,) delivered in a sermon. The governor, on the other hand, ordered him to be released, and sum- moned the magistrates to attend him at New York: warrants were then issued to compel them to give security in £5000 each, to make out good cause for confining the minister. Leisler, who was one of them, refused to comply with the warrant, and was thrown into jail. Sir Edmond, fearful that a great party would rise up against him, was at last com- pelled to discontinue his ecclesiastical jurisdiction, and to refer the controversy to the determination of the consistory of the Dutch church at Albany. It is perhaps not improbable, that these popish measures sowed the seeds of that aversion to the duke's govern- ment, which afterwards produced those violent con- vulsions in the province under Leisler, at the time of the revolution in favour of the prince of Orange.
If Sir Edmond Andross's administration at New- York appears to be less exceptionable than while he
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commanded at Boston, it was through want of more opportunities to show himself in his true light. The main course of his public proceedings, during his continuance in the province, was spent in the ordi- nary acts of government, which then principally consisted in passing grants to the subject, and pre- siding in the court of assize established by colonel Lovelace. The public exigencies were now in part supplied by a kind of benevolence-the badge of bad times ! This appears in an entry on the records, of a letter of May the 5th, 1676, from governor Andross, to several towns on Long-Island, desiring to know what sums they would contribute towards the war. Near the close of his administration, he thought proper to quarrel with Philip Carteret, who, in 1680, exercised the government of East Jersey, under a commission from Sir George Carteret, dated July the 31st, 1675. Andross disputed his right, and seized and brought him prisoner to New-York, for which it is said he lost his own government; but who- ever considers that Sir Edmond was immediately pre- ferred to be governor of Boston, will rather believe that the duke superseded him for some other reasons.
Before I proceed to the succeeding administra- tion, in which our Indian affairs began to have a powerful influence upon the public measures, it may not be improper to present the reader with a sum- mary view of the history and character of the Five Nations .* These, of all those innumerable tribes of savages which inhabit the northern part of Ame-
. * By the Dutch called Maquaas, by the French Iroquois, and by us, Five Nations, Six Nations, and'lately The Confederates. They are greatly diminish- ed, and consist now only of about twelve hundred fighting men.
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rica, are of most importance to us and the French, both on account of their vicinity and warlike dispo- sition. Before the late incorporation of the Tusca- roras, a people driven by the inhabitants of Carolina from the frontiers of Virginia; they consisted of five confederate cantons .* What in particular gave rise to this league, and when it took place, are questions which neither the natives, nor Europeans, pretend to answer. Each of these nations is divided into three families, or clans, of different ranks, bearing for their arms, and being distinguished by the names of the tortoise, the bear, and the wolf.t
No people in the world, perhaps, have higher notions than these Indians of military glory. All the surrounding nations have felt the effects of their prowess ; and many, not only became their tributa- ries, but were so subjugated to their power, that without their consent, they durst not commence either peace or war.
Though a regular police for the preservation of harmony within, and the defence of the state against invasions from without, is not to be expected from the people of whom I am now writing, yet perhaps, they have paid more attention to it than is generally allowed. Their government is suited to their con- dition. A people whose riches consist, not so much in abundance as in a freedom from want ;į who are
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