USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 9
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Three of the newly appointed counsellors were Swedes, residing up the river, and as no time or place is mentioned for holding the courts, and as the three Swedish gentlemen mentioned were all justices of the first Upland court of which the record has been preserved, it may reasonally be concluded that the court thus established occasionally exercised its functions at Upland. If so, it will mark the earliest period at which that place could have been a seat of justice. In the order for establishing a judicial tribunal on the Delaware,
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it was directed "that no offensive war should be made against the Indians" before directions were received from the government for so doing. Recourse was also to be had to the government, by way of appeal, in all cases of diffi- culty.
In consequence of the commission of two murders by the Indians while in a state of intoxication, Peter Rambo proceeded to New York, bearing a request from the Indians "that there should be an absolute prohibition upon the whole river of selling strong liquors to the Indians." The whole matter was referred to Captain Carr and those associated with him in commission, with the promise that what they should (upon discourse with the Indians) con- clude, should be confirmed.
Before Mrs. Papegoya visited Sweden in 1662 or 1663, she had sold the island of Tinicum, as has been mentioned, to a Mr. DeLagrange, but the con- sideration in whole or in part was a protested bill of exchange. It will be seen hereafter, that when she returned to the country she prosecuted her claim to be reinstated in possession of the island with success, though in the end, her title to it was decided not to be good. Printzdorp, however, was confirmed to that lady under the name of Ufro Papegay, June 18, 1668, which renders it probable that she had then returned to reside on the river. The following is a description of the property :
"A parcel of cleared land situate on the west side of the Delaware river between two creeks, the one called Upland, the other Le Mokey's creek, including all the land being between the said two creeks, as also the valley or meadow ground thereunto belonging. and containing by estimation, as it lies along the river side twelve hundred tread or single paces" "as held and possessed by the said Ufro * "
The situation of this land cannot be mistaken. It subsequently became the property of Robert Wade. During this and the two succeeding years, sev- eral tracts of land within the limits of Delaware County and vicinity, were con- firmed to persons who held titles from the Dutch, including a few lots in Up- land.
The order issued in 1666, for repatenting lands, was renewed by Governor Lovelace, and William Tom was appointed collector of quit-rents on the Dela- ware. Those who had neglected to take out patents are not on that account to be exempt from the payment of these dues.
The Swedes and Finns had conducted themselves with so much propriety that they had very fully secured the confidence of the government. But this year an insurrection broke out, headed by one Marcus Jacobson. generally known as the "Long Finn," who gave out that he was "the son of Conings- mark," heretofore one of the king of Sweden's generals. He had for a con- federate one Henry Coleman, also a Finn, and a man of property. Coleman had "left his habitation, cattle and corn," to reside among the Indians, with whose language he was well versed, where also the Long Finn generally kept. No treasonable acts are charged against these confederates except "raising speeches, very seditious and false, tending to the disturbance of his Majesty's
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peace and the laws of the government." On August 2d, Governor Lovelace is- sued a proclamation for the arrest of the parties, with an order to confiscate the property of Coleman in case he did not surrender himself in fifteen days. The principal in the insurrection was soon arrested, and upon information of that fact being communicated to the governor and council, they expressed their great satisfaction on account "of the prudence and careful management" of the officers on the Delaware, "in circumventing and securing the prime mover of this commotion."
Jeuffro Papegoya (Armgard Printz) was somewhat implicated, "though what she had done was not of any dangerous consequence, yet it was a dem- onstration of her inclination and temper to advance a strange power, and a manifestation of her high ingratitude for all those indulgences and favors she hath received from those in authority over her." The governor also perceived from the papers sent to him that "the little domine hath played the trumpeter in this disorder." The quality of his punishment was referred to the discre- tion of Captain Carr. The instructions to Captain Carr were "to continue the Long Finn in custody and irons until he can have his trial;" the appearance of "those of the first magnitude concerned with him was to be secured by im- prisonment or by taking security ;" but "the poor deluded sort" were to be sub- jected to a method for keeping them in order which the governor is pleased to say was prescribed by their own countrymen, and which is "severity, and lay- ing such taxes on them as may not give them liberty to entertain any other thoughts but how to discharge them.
In the commission for the trial of the insurgents on the Delaware, the names of the judges are omitted in the record. The sentence was passed by the council at New York on the Long Finn, or that passed by the commission on the Delaware was confirmed. He was deemed worthy of death, but "in re- gard that many others being concerned with him in the insurrection might be involved in the same premunire," amongst them "divers simple and ignorant people," the said Long Finn was sentenced "to be publicly and severely whipped and stigmatized or branded in the face with the letter (R), with an inscription written in great letters and put upon his breast, that he received that punishment for attempting rebellion." After undergoing this sentence the culprit was to be sent to "Barbadoes and some other of those remote plan- tations and sold." In compliance with the latter part of his sentence, he was put on board of Mr. Cossen's ship, "Fort Albany," bound for Barbadoes, in January, 1669-70, where, no doubt, he was sold into slavery. What became of Coleman is not certainly known. He probably remained among the Indians for some years, when his offence was overlooked by the government.
So few of the names of those implicated in the insurrection are given that it is difficult to fix on the particular district of country that was its principal seat. The leader was a Finn : the "Little Domine" was a Finn; and, as the Swedes and Finns did not understand each other's language well, it is proba- ble that the hot bed of the conspiracy was in the district of country chiefly set- tled by Finns, below Upland. This supposition is strengthened by the fact that
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Mrs. Papegoya was implicated: for, though not a Finn, she doubtless then re- sided on her cstate of Printzdorp, in the vicinity of the Finnish settlement, she not being in possession of Tinicum at this time.
It will be remembered that Mrs. Papegoya had sold the island of Tinicum to a Mr. De La Grange. The grantee soon after died, and his widow Mar- garet intermarried with Andrew Carr. This year Governor Lovelace issued a patent confirming the whole island to the said Andrew and his wife.
Previous to the insurrection of the Long Finn, there had been, as before stated, two murders committed on the river by the Indians. As yet the mur- derers had not been apprehended, but the governor, by his orders to Captain Carr, evinces a determination not to let them go unpunished.
On the 13th of April, a pass was granted "to the Magister Jacobus Fabri- tius, pastor of the Lutheran confession," to go to New Castle, or any place on the Delaware. This personage, who at this period and for some years later bore no very enviable reputation, subsequently, it will be seen, became the first clergyman at Wiccaco, and by a course of good conduct gained the confidence and respect of his employers.
Early in 1671, at the suggestion of Captain Carr, several orders were made by the governor and council in respect to the Delaware. No persons were to be permitted to distill liquor without license ; the number of victuallers and tapsters to be ascertained-three only to be allowed in New Castle, and "some few up the river," who may be licensed ; constables are to be appointed to keep the king's peace. As to the tenure of lands on the Delaware, it was to be held "in free and common socage as his Royal Highness, by his Majesty's patent, holds all his territories in America, that is to say according to the custom of the Manor of East Greenwich, only with this proviso, that they likewise pay the quit rents reserved in their several patents, as acknowledgments to his Royal Highness."
As to the mill that Carr had represented to the council as being "up Del- aware river at ye Carcoons Hooke," and which "did heretofore appertain to ye publique, and now is endeavoured to be engrossed by some particular persons for their private uses," it was ordered "that care be taken for ye letting out ye said Mill for ye best advantage to some person who will undertake ye same, and that ye profitt thereof be reserved for ye publique." This is the old Swedes mill on Cobb's creek.
At a council held at New York, September 25, at which Peter Alrichs was present to give particular information in respect to the two murders committed by the Indians ; as to the number of Indians, &c. One proposition for having the murderers destroyed, came from an Indian sachem. It was "to cause a Kinticoy to be held, and in the midst of their mirth, that then one should be hired to knock them in the head." Two days previous to this meeting, Gov- ernor Lovelace had notified the governor of New Jersey that the Indians ac- cused of the murder were within his jurisdiction, at a place called Suscunk, four miles east of Matineconk Island, where the murder was committed.
The officers on the Delaware had become very apprehensive that an In-
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dian war was about to break out, and had communicated their views to the governor and council. In reply, orders were issued for placing the settlement in the best possible position for such a contingency. Orders that had already been given by the local authorities for the people to retire into towns for their better security, were approved. Every person "that could bear arms, from six- teen to sixty years of age, was to be always provided with a convenient pro- portion of powder and bullets;" no powder or ammunition was to be sold to the Indians ; no corn or provisions to be transported out of the river; and the Susquehanna Indians or others were to be induced by appropriate rewards "to join against the murderers and such as should harbour them."
The governor of New Jersey, after receiving notice, was in a very short time "prepared with a handsome party ready to have stepped into the work to bring the murderers to condign punishment." But the backwardness of the people of the Delaware "put a stop to the forwardness of those of New Jer- sey." This was in the month of November; and although, one month earlier, Carr had been instructed by the governor that the season of the year was unfit for the commencement of an Indian war, his excellency made the fact of the New Jersey preparations the occasion to administer to that officer a severe re- buke for his tardiness and neglect of duty.
But the masterly inactivity of Commander Carr proved to be the wisest policy, and still preserved the country of the Delaware in its peculiar exemp- tion from hostilities between the Indians and whites. In eleven days after Alrich's return from New York, a conference was held at Peter Rambo's house with the Indian sachems, which resulted in a promise by them to bring in the murderers within six days, dead or alive. One of the criminals made his escape, while the other-the more courageous of the two, allowed himself to be surprised. One of the two Indians in pursuit, being his friend, was unwill- ing to shoot him, but finding that the sachems had said he must die, and that his brothers were of the same opinion, he was shot at his own request. His body was removed to Wiccaco, and from thence to New Castle, where it was hung in chains. William Tom, who communicated this information to the governor, became satisfied from the conduct of the sachems that they desired no war. The sachems promised to bring in the other Indian alive, and to the young men brought with them they held up the fate of the murderer as that which should be visited on every Indian who should act in like manner.
A prohibition had been in force against vessels trading directly to any point on the river above New Castle. This prohibition was removed early in 1672, in respect to such vessels as sailed from New York. Immediately there- after a pass was obtained by the wife of Laurs Holst "to go in the sloop of Krygier to Delaware, and thence up the river in some boat or canoe, to the Swedes' plantations, with shoes and such other of her husband's trade, and return without hindrance."
Early in this year, ample preparations were made by Governor Lovelace for a visit to the Delaware by the overland route, crossing that river at Matine- conk Island, near the present town of Burlington. A bodyguard and an ad-
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vanced guard were appointed, and instructions were sent to the river to make preparations for the reception of his excellency. If this visit was accom- plished, it was without result, or there has been an omission to record any- thing that transpired on the occasion, or, if recorded, the record has been lost.
English laws are now to be established more fully on the river. The of- fice of schout is to be converted into that of sheriff, to which office Edmund Cantwell received the appointment, as well as to that of collector of quit rents on the Delaware, William Tom having resigned the latter office.
In August of this year, the court of Upland is authorized, with the as- sistance of one or two of the high court, to examine into a matter of difficulty between "Jan Cornelis Mathys and Martin Martinson, [ Morten Mortenson, ] inhabitants of Amesland," and Israel Helme, about "a parcel of valley or mea- dow land, upon an island over against Calcoone Hook."
The daughter of Governor Printz still resided on the river, but it will appear from the following order of the governor, made upon her petition, that she did not live in much affluence :
"Whereas Jeuffro Armigart Printz, alias Pappegay, living in Delaware River, did make a request unto me, that in regard she lived alone, and had so little assistance by servants, having only one man-servant, and likewise in harvest time, or other seasons of the year for husbandry, when she was constrained to hire other people to help her, for whose payment in part, and relief also, she was wont to distil some small quantities of liquors from corn. as by divers others is used in that river, that I would excuse her man- servant from ordinary attendance at trainings in the company in which he is enlisted, and also give her license to distil in her own distilling kettle, some small quantities of liquors for her own use, and her servants and laborers upon occasions as before men- tioned. I have thought good to grant the request of said Jeuffro Pappegay, both as to the excuse of her servant's being at trainings, (extraordinary ones, upon occasion of an enemy or invasion, excepted,) and likewise that she have license to make use of her distilling kettle as is desired, provided it be done with such moderation, that no just complaint do arise thereby, to continue one year."
The limited means of Mrs. Papegoya is accounted for by the fact that she was engaged in a heavy law suit for the recovery back of the Island of Tinicum. There had been a trial in the "High Court on the Delaware," from which the case was taken by appeal to the Court of Assizes at New York, where it is thus set down, October 2, 1672: "Jeuffro Pappegay als. Armigart Prince vs. Andrew Carr and Margaret Persill, [ Priscilla] his wife, by John Carr their attorney." The case was tried October 12-13-14. Various docu- ments were read on the trial, translations made, and interpreters employed. The counsel for the defendant desired time "for other witnesses out of Hol- land," but it was thought fit "to delay the case no longer ; so the court recom- mended it to the jury," who brought in the following verdict : "In ye case de- pending between Armgart Prince. als. Mrs. Pappegay Ptff., and Mrs. La Grange, Deft., ye jury having seriously considered the Matt", do find for ye Ptff., and award ye Deft. to pay ye principall with costs of suite and all just damages." Execution was issued against Andrew Carr and his wife Persill in Delaware river and precincts for £350, with costs, for the use of Jeuffro
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Armgart Prince, "and for that it is thought the most considerable part of their property is upon the Island of Tinicum," the sheriff was empowered "to put the said Jeuffro Prince in possession of the said Island and the stock there- of * *
The celebrated George Fox, the founder of the religious Society of Friends, in returning from a religious visit to New England this year, had oc- casion to pass through the whole extent of the territory now included in our county, but it appeared he had no mission to the Swedish settlers here. Ac- cording to his own account, after remaining all night in a house near the pres- ent site of Burlington, "which the Indians had forced the people to leave," and which he speaks of as the "head of Delaware Bay," he says :
"The next day we swam our horses over a river about a mile, at twice, first to an Island called Upper Dinidock (Teneconk), and then to the main land, having hired Indians to help us over in their canoos. This day we could reach but about thirty miles, and came at night to a Swede's house, where we got a little straw and My there that night. Next day, having hired another guide, we travelled about forty miles through the woods, and made us a fire at night, by which we lay, and dried ourselves; for we were often wet in our travels in the day time. The next day we passed over a desperate river, which had in it many rocks and broad stones, very Hazardous to us and our horses. From thence we came to the Christian-river, where we swam our horses, and went over ourselves in canoos. From thence we came to a town called New Castle, heretofore called New Amsterdam: And being very weary, and inquiring in the town where we might buy some corn for our horses, the Governor came into the street and invited me to his house: and afterwards desired me to lodge there; telling me he had a bed for me, and I should be welcome."
The Brandywine is sufficiently identified by its "rocks and broad stones ;" but in reaching that "desperate river" from the point at which he crossed the Delaware, our worthy preacher has greatly overestimated the distance. Ben- jamin Ferris supposes the Swede's house at which he lodged was at the Blue Bell tavern, near the site of the Swede's mill. To have reached this point he would have passed over fully one-half of the distance from Upper Dinidock to the Brandywine. But the Swede's house was thirty miles from the former and forty from the latter ; and as the mill, then a rarity in the country, is not mentioned, and the Swedish settlements of Upland and Marcus Hook are not noticed, it is probable our travellers crossed the country higher up.
A war broke out between the English and Dutch in 1672, but scarcely any notice appears to have been taken of the matter in this country until a Dutch fleet under the command of Commodores Cornelius Evertse and Jacob Benckes appeared before the fort at New York, August 6th of the following year. After making a slight resistance, the fort was surrendered, and the whole country submitted again to the authority of the Dutch. This happened in the absence of Governor Lovelace, who was at New Haven.
The two commodores immediately issued their proclamation appointing Anthony Colve, a captain of Netherland infantry. to the office of Governor- . General of New Netherland, embracing the full dimensions it possessed pre- vious to its surrender to the English, which included the whole of New Jersey.
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There appears to have been a ready submission to the Dutch authorities, depu- ties appearing before the commanders, including Colve, who constituted a kind of military council, and held their sittings at Fort William Hendrick, the name now given to the fort at New York. The deputies from the Delaware ap- peared before this tribunal and gave in "their submission to their High Mighti- nesses the Lords States General of the United Netherlands, and his Serene Highness the Prince of Orange, on the 12th of September." In return they obtained for their constituents, among other privileges, "free trade and com- merce with Christians and Indians;" freedom of conscience; security in the possession of their houses and lands, and exemption from all rent charges and excise on wine, beer and distilled liquors consumed on the South river. This last privilege was granted in consideration of the expense the inhabitants would incur "in erecting the fort," and was to continue till 1676-"those of the English nation to enjoy the same privileges upon taking the oath of alle- giance." At the same time, three courts of justice were established on the Del- aware-one at New Amstel, one at the Hoern Kill, and one at Upland. The jurisdiction of the Upland court extended provisionally from the east and west banks of "Kristina Kill upwards unto the head of the river." The in- habitants were required "by a plurality of votes" to nominate for each court eight persons as magistrates. From these the Council at New York selected the justices of the several courts.
Peter Alrichs was appointed by Governor Colve, commander and schout, and Walter Wharton was reappointed surveyor of the South River district. Peter Alrichs took his oath of office and allegiance without reservation, but Wharton, being an Englishman, made it a condition in his fealty that he was not to be forced to bear arms against his own nation. Alrichs was appointed to administer the oath of allegiance to the inhabitants of the South River, and also authorized to enlist ten or twelve soldiers "on government account," in- cluding two corporals.
While freedom of conscience was granted to the inhabitants of the Dela- ware, the instructions to Alrichs directed that "the pure, true Christian Reli- gion, according to the Synod of Dort, should be taught and maintained in every proper manner, without suffering anything to be attempted contrary thereunto by any other sectaries."
Public property belonging to the crown of England, together with the debts due the government, was confiscated, but property belonging to officers of the late government was restored to them upon taking the oath of allegiance. On this condition, upon the petition of his wife Petronella, Capt. John Carr, late commander on the Delaware, was reinstated in his possessions.
The re-establishment of the Dutch authority in their former American possessions did not continue long. By virtue of the treaty of peace between England and the Netherlands, signed February 9, 1674. it became necessary to restore these possessions again to the English. Lest the title of the Duke of York should be impaired by the Dutch conquest, a new grant was made to him by his brother, whereupon the Duke, on July 15, constituted Major, after-
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wards Sir Edmund Andros, his lieutenant and governor. Upon the arrival of Governor Andros at New York the government was surrendered to him agree- ably to the terms of the treaty, the allegiance of the Dutch having become for- mally absolved by Governor Colve. On November 9, Andros issued his first proclamation, confirming "all former grants, privileges or concessions" and "all estates legally possessed" under his Royal Highness, before the late Dutch government, and all legal judicial proceedings under that government. By this proclamation the Book of Laws, known as the "Duke's Laws," and also the former courts, with the time and manner of holding them, were estab- lished, and "all magistrates and civil officers belonging thereunto were to be chosen accordingly."
Edmund Cantwell and William Tom were commissioned by the governor to take possession of the fort at Newcastle, and of all military stores there, or on any other part of the river, on behalf of his Majesty of Great Britain. Un- der this commission, in the record at Albany is the following list of justices : "Names of ye Justices for Newcastle are : Mr. Hans Block, Mr. Jnº Moll, Mr. Fopp Outhout, Mr. Joseph Chew, Mr. Dirick Alberts. For the River : Mr. Peter Cock, Mr. Peter Rambo, Mr. Israel Helm, Mr. Laers Andrieson, Mr. Woolle Swain." These justices had no formal commissions issued to them at this time, but simply an order from the governor, directed to them under the title of Commissaries, "to resume their places as magistrates." Captain Ed- mund Cantwell was commissioned to administer to these justices their official oath, he having been reinstated in his office of sheriff, or schout. Captain Cantwell, in conjunction with Johannes DeHaas, was also appointed collector of quit-rents on the Delaware, and of all other duties, whether custom or ex- cise.
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