USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 31
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" We repeat and reply our former declaration and mani- festation the 6th of this instant delivered unto the honourable governor and council of the province of Maryland, and say further,
"That the original foundation of the aforesaid patent showeth and maketh appear that my Lord Baltimore has hath to his royal majesty of England petitioned for a country in the parts of America which was not seated and taken up be- fore, only inhabited, (as he saith,) by a certain barbarous peo- ple, the Indians ; upon which ground his royal majesty did grant and confirm the said patent.
1 N. Y. Hist. Soc. Coll. vol. iii. pp. 384, 385.
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sion to go- vernor of Maryland, and inter- view with
council. Their depar-
events of the
PETER STUYVESANT, DIRECTOR-GENERAL.
" But now whereas our South River, of old called Nassau River of the New Netherlands, (by the English surnamed Delaware,) was taken up, appropriated, and purchased by virtue of commission and grant from the high and mighty States-General of the United Provinces long before ; there- fore is his royal majesty's intention and justice not to have given and granted that part of a country which before was taken in possession and seated by the subjects of the high and mighty States-General of the United Provinces, as is declared and manifested heretofore; so that the claim my Lord Baltimore's patent speaks of, to Delaware Bay or a part thereof, in several other respects and punctuality is invalid ; of which we desire that notice may be taken. Actum as above.
AUGUSTINE HERMAN,
" RESOLVED WALDRON."1
The council again met on the 8th; the answer was ten- dered, but there being some errors in the clerk's copy, they adjourned till the 9th, when the ambassadors being present, it was signed by the governor, dated 9th, and " so delivered to the ambassadors."
Thus terminated the discussion, conducted on both sides with coolness and moderation. The Dutch certainly pre- sented their claim in a very forcible, clear, and able manner.2
The journal of Messrs. Herman and Waldron is preserved The journal entire on the records. The following abstract of it shows of Herman and Wal- their route, the dangers they encountered, and the manner dron, on mis- in which they conducted their negotiations, which unfortu- nately terminated unsuccessfully.
On the 30th of September, Messrs. Herman and Waldron, and a few soldiers for convoy, left New Amstel; about three him and miles they came to a small creek which empties into Jagers- land Creek ; a west-north-west course brought them to another tare and creek ; course westward, a march of three miles, they came journey. to another running stream ; the savages here refused to pro- ceed, and they encamped for the night. Heard a shot fired towards north, the savages supposed it to be from some Eng- lishmen ; the company fired three times, not answered. The next day, (October 1,) they pursued a west to south course,
1 N. Y. Hist. Soc. Coll. vol. iii. pp. 384, 385.
2 The foregoing are from the copy made from the Maryland Records, by J. Leeds Bozman, Esq., for N. Y. Hist. Soc., and published in their Collections, vol. iii.
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1659. crossed two streams, suspected to be branches of South River; they then passed through dry underwood, the land somewhat rising, then a valley, till 9 o'clock, when they arrived at the first current stream, which the savages said emptied into the Bay of Virginia; there they breakfasted, and guessed they were about five miles from New Amstel; the savages called the creek Curriamus, or Horekill, as the whole tract is named after it ; from this they passed through woods, south-west and west-south-west, without a path, and about a mile further along the creek, where they met with the boat, which the savages informed them had been drawn on land, and tho- roughly dried. Dismissing their guides, they proceeded by water, except Sander Boyer, who, with his savages, continued, but soon the boat being half filled with water, they were obliged to go on shore, caulked it with rags, instead of the tow, which they had left behind, made it tolerably tight with bailing, reached Elk River, and at last, at east branch of it, made a fire in the woods, and with the evening tide proceeded on with great trouble, as the boat was very leaky, and had neither rudder nor oars, but only pagays, (perhaps paddles.)
Arrival at Sassafras Ri- ver. Find a fugitive sol- dier from Al- tona.
Also, Swedes and Finns, part of Printz's co- lony.
Adventure with the owner of the boat
Arrive at Col. Utie's. Great firing heard,
Having rowed nearly all night on Elk River, about 8 o'clock, (October 2,) arrived near Sassafras River, and stopped there at a plantation of one John Turner, where they met Abraham De Fin, a soldier of Altona, who had run away with a Dutch woman; a pardon was offered if they would return to New Amstel or to Manhattan in one month. The woman accepted, she had three months to serve ; soldier made many objections, but made two oars for the company ; sent Sander Boyer on shore for information ; could get none, as only a few Finns and Swedes were there, who had run away from Go- vernor Printz. After some rest they continued on, but had scarce left the shore, than Abraham and another, Marcus De Fin, approached in a canoe, and endeavoured to obstruct their passage, claiming the boat, although assuring them they should have the boat on their return ; they stopped the company by force, drawing a pistol and threatening to fire ; they had, be- sides, two guns with them. At last, with great difficulty, they succeeded in getting rid of them. At the mouth of the river they came to Colonel Utie's ; heard strong firing, supposed to proceed from fifty or sixty men, " neither was the noise of music much less," which continued through a great part of the night, so that it seemed they were preparing to visit
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Arrive at Kent Island. Entertained
another boat,
PETER STUYVESANT, DIRECTOR-GENERAL.
South River. Looking for information, they came to a begin- ning plantation, hewing and cutting of timber for a building, but the carpenter, who was known to the company, knew not the object of the firing, unless they were feasting. He invited them to stay with him, as there was no other house nearer Kent, but they pursued their journey two miles further. Wishing to despatch a savage to New Amstel with the tidings, they could find none.
Rowed (October 3) with the tide of that day and night, till opposite Pooloo Island; they passed in their leaky boat to the east of it; from here to Kent there is no fresh water. there. Towards evening arrived at north side of Kent Island, where discussion. meeting a strong flood, and much fatigued, took quarters with Captain Wike, one of the three magistrates of the island. Of him they endeavoured to learn whether the English had laid any regular plan for attacking South River ; had under- stood it belonged to Maryland, and was obliged to sustain Lord Baltimore in his right and title; the company under- took to prove the contrary, and " he who would have must get it by force ; that we were prepared with more than one hun- dred soldiers arrived, and double expected, yet we hoped to live on friendly terms." During the discussion, they heard Report of a rumour from Mr. Bateman, who had sent for Mr. Wright, against the Dutch. an Indian interpreter from above the bay, that the Indians, with regard to the war they were engaged in with the Eng- lish, had confessed they had been stirred up by the Dutch who lived at Whorekill, to murder the English, which took place thus : " a certain savage met a Dutchman at Whorekill, and told him he would kill a Dutchman, because his father had been killed by a Dutchman before, to which the Dutch- man replied, that his father had been killed by an English- man, and therefore ought to take revenge on them, on which a savage went off and killed an Englishman ; thus the war was continued, aided by the Dutch, in supplying arms, &c. I denied it at first, then palliated it. Inquired for a boat to Bargain for take us to the governor, as ours could be no longer used, so he offered his. Inquired what security we could give, to re- turn or pay for it, as he had been frequently deceived ; they had none but their word and credentials, or refer to Mr. Brown, who they presumed had arrived with his ketch at Seaforn ; they agreed at twenty pounds of tobacco per day for the boat, and twenty pounds for the man. Here we met
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the soldier's wife, who was willing to go back; he was so lazy as not to earn bread for her, and therefore she ran off.
Arrive at Seaforn.
Arrived (October 4) at Seaforn ; Brown had not; Captain Wickes proposed to procure lodgings for us at Colonel Utie's, who, they understood, was at his plantation ; excused them- selves, saying they were confident he was on the island, as they heard such a grand firing ; took lodging at a savage trader's, who was from home, his wife and child only there ; the company blamed her husband for enticing away the peo- ple from New Amstel; she excused him by saying they came there, and left scarcely victuals enough for the family.
Difficulty about pay- ing for the boat.
· Passed (October 5) a draft on Mr. Brown for the boat- owner ; not satisfied; must have at Kent or Seaforn, 1500 pounds tobacco, or pay at Manhattan in brandy. Declined a visit to Colonel Utie, as they had urgent business with go- vernor. Had a fine run to Billingly plantation, at the cleft, hearing of no preparations against South River.
Arrive at Pa- tuxent.
Arrived (October 6) at Patuxent, at Colonel Coortsey's, who was " very courteous, and conversed pleasantly." Here they learned that Colonel Utie was authorized to communicate to the colony of New Amstel that they had settled on Mary- land limits, and ought to submit. The company then pre- sented their claims by possession, &c. for so many years, as before.
Proceed by land to Se- cretary Cal- vert's, and tell him their busi- ness.
They left at Colonel Coortsey's, (October 7,) their boat, travelled nine miles by land to Secretary P. Calvert's, Mr. Coortsey with them part of the way ; about 3 o'clock arrived at Calvert's ; despatched two men to inform him of their ar- rival; could not forbear to pay him their respects ; passed over the creek to Mr. Overfees, where we intended to take up our quarters, previously having communicated to the secre- tary our commission to the governor of Maryland on important business, and requested him to notify the governor as soon as possible, as he lived several miles off, of our arrival, and re- commend an early audience.
Dine with Secretary Calvert at Overfee's. Pleasant con- versation.
Mr. Overfees invited Calvert to dine with them, (October 8,) he and his next neighbour also ; renewed request to secretary to inform the governor, as expenses were heavy, including the boat, and soldiers all waiting their return, besides more than one hundred soldiers arrived from Manhattans ; he promised to do all he could, but it could not be effected before next
PETER STUYVESANT, DIRECTOR-GENERAL.
court. They conversed freely on differences between Vir- 1659. ginia and Maryland, wished happiness to Maryland and Man- hattans. " This, we remarked, denoted the whole land, having retained its ancient name from the tribe of savages among whom the Dutch made a beginning of the first settlement, and so gradually we struck on the point of the limits, which claims. he said of Maryland was 38° to 40°, along the sea, by which Delaware Bay was included, and then in a direct course to Paman's Island, and thence to origin of Potomac River. We answered 38° to 40° ought to be understood of Chesapeake Bay upward, and then colony of Virginia reached same bay to the sea. He replied, ' not so, and that it ought to meet the limits of New England.' On which we asked, 'where then would remain New Netherlands, if their limits were to join New England,' to which he answered 'he did not know.' Then we said, " that we knew it for us both together, that it was a mistake, and that our New Netherlands were in posses- sion of these limits several years before Lord Baltimore ob- tained his patent, and that they actually settled these spots ; alleging further, among other reasons, that Edmund Preyton (Ployden ?) made in former days a claim on Delaware Bay, and that the one pretension had not been better supported than the other ;' to which he replied, ' that Preyton had not obtained a commission, and was in England thrown in jail for his debts ; he acknowledged that he solicited by the king a patent of Novum Albium, but which had been refused, on which he addressed himself to the viceroy of Ireland, of whom he obtained a patent, but that it was of no value at all.' On this we confounded him entirely with his own words, by say- ing, that it could not be known of my Lord Baltimore's pre- tension, if he had any on the Delaware Bay, had obtained these by false or foreign representations ; neither could it be believed that the king of England, who once took notice of the Dutch plantations in New Netherlands, and who com- manded those of Virginia and New England, as we could prove by their own English authors, expressly to remain at a distance of one hundred leagues from one another, deter- mined nothing about it. It was therefore an unquestionable proof that he might reach the borders of New England, that it then was void and of no value whatever."
From this time to the 12th, they were waiting the gover- nor's answer ; on the 12th, they dined at Mr. Overfees, with
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Discussion with secre- tary on their
Ployden's claim intro- duced.
292
J. ALRICKS AND W. BEEKMAN.
Another dis- cussion about claims. A map intro- duccd.
1659. Secretary Calvert ; Minister Doughty accidentally came in ; Captain Smith's map of Virginia, and another printed about the date of Lord Baltimore's patent, were introduced, differ- ing with each other, from which they endeavoured to prove Lord Baltimore's claim, " but we showed that the Bay of Chesapeake, being so much to north-east, would come on our limits ; how can that be, as New England was discovered first. On this we answered, the Dutch had been nearly three years, differing perhaps as early in their own quarters as they in theirs ; they counted from Walter Raleigh ; we then derive our right from Spain. He answered, we were then not a free nation, &c. &c. Waxing warm, they took up other subjects.
On the 13th, nothing done; on 14th was court day at Pa- tuxent ; petitioned for an audience, and a place to be fixed for a reception ; on 15th, near sunset, received an answer, and an invitation from Calvert, in name of governor and council, for an audience at house of Mr. Bateman, and sent two horses for them.
Court day. Governor at- tending it. Audience day ap- pointed. Horses sent for commis- sioners. Arrive at Po- tusk. Meet governor, &c. Courteous reception and dinner.
On 16th, they started for Bateman's, at Potusk, about eighteen miles ; at about 3 or 4, arrived Governor Fendall, Secretary Calvert, &c., who, after a courteous reception and congratulations, dinner was announced, after which the go- vernor promised an audience, advancing towards the table ; Herman was placed on his left, the secretary on the right, then followed Waldron and the members of council, all around the table. During dinner a pleasant conversation ensued.
When the cloth was removed, their letters and credentials Negotiations were opened by governor, who seeing they were in Dutch, commence after dinner. Discussions and expla- nations. called Mr. Overfee to interpret them. The commissioners then began their speech in English, delivering at the same time, duplicates of their papers, the secretary comparing as they were read; this being all they had to communicate at this time, copies were exchanged and the originals left. " We observed an astonishing change. As it appeared council had no correct knowledge of what had passed, governor asked if his letter by Utie had not been received by director-general and council. We said, no, they received no letter ; we were informed on South River that Alricks received a private one in answer to one of his, without date, time, or place, of which he could take no notice." Governor said he had no intention to meddle with the government at Manhattan, but with that go-
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PETER STUYVESANT, DIRECTOR-GENERAL.
vernment and people who settled on Delaware Bay lately, 1659. within their limits, and that he once did send Colonel Utie to them, and that he should have delivered his instructions, though only given to regulate his conduct, and in behalf of his responsibility, though we were not obliged to deliver to them our instructions ; to which we replied, " that the go- vernor and inhabitants on South River made no separate government, but a subaltern and subject, being only vice- governors and members of New Netherlands," &c. They answered, " they knew no better, and had always understood that the general director on South River, in Delaware Bay, did hold his commission from the city of Amsterdam, and had settled there with his people as in a separate government. We answered "No, but that the city of Amsterdam was in possession of that place as a colony and a particular member of New Netherland, in a similar manner as their colonies in Virginia and Maryland were subsisting, and we had many similar colonies in New Netherland, so that any injustice or injury committed against the colony of New Amstel, was per- petrated against the whole state of New Netherland." Mean- Ill humour while, Colonel Nathaniel said, with great vehemence, "that and threats of Col. Utie. commission- ers. they might take notice of all what had happened, but that all Reply of the which was done against people which had dared to settle within the province of my Lord Baltimore, and if governor and council would be pleased to renew his commission, he would do once more what he had done before." To which we replied, " If you returned once more, and acted in the same manner as before, you would lose the name of ambassador, and be considered as a perturbator of the public peace, be- cause it is not lawful in an ambassador or delegate to attempt any other thing than to present, in a courteous manner, his message to the magistrates or supreme chief to whom he was sent ; but that it was the language of open hostility, a lan- guage of war, to summon a place to surrender in such a man- ner as by fire and sword." To this he answered, " that he had Col. Utle not done so, further than his instructions and commission again re- plics. justified." We again answered, "that they would only pay regard to the answer which they received in return, and therein he would clearly perceive in what manner he made his." To this he further said, "that he too had understood that they had threatened to transport him to Holland, which he wished they had executed." We replied, " that if he once
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Col. Utie checked by the gover- nor.
Remarks of the gover- nor, and re- ply of com- missioners.
Col. Utie again speaks.
Commission- ers retire, but again re- turn.
more returned there, and acted again in that manner, perhaps nothing better might be his lot." He answered, "in what manner then ought he to have conducted himself; he had de- spatched two of his men before him, to notify his arrival, after which he took up his abode in the city, and if it then was not permitted to take a walk and look at the place, and converse with its inhabitants, who invited him to enter their lodgings." We answered, " that it was well permitted to do this, but not to stir up revolt and rebellion against the ma- gistrates, and threaten them, if they would not voluntarily surrender, that they were to be plundered and expelled, so that those altercations caused uneasiness on both sides ;" and the colonel particularly glowing with rage, was commanded by the governor to keep himself more reasonable ; that never- theless we remained at full liberty to explain ourselves with- out interrupting each other ; on which we appealed to what we had brought with us in answer from New Netherland, which we had declared and made known, and which we solicited might be taken into serious consideration, so that we might avoid any frivolous discourses. The governor hinted, among other points, that we had arrived there without having de- manded or obtained, as ought to have been done, a license, and which they ought to have communicated ; to which we answered, " that we were yet unacquainted with the form of the government, but would conduct ourselves in future in conformity to their customs, as they should deem proper to establish on such a passage." On this Colonel Utie exclaimed, " that we ought to have stopped at his island to inquire there, if we should be admitted to land; further, in so many words, that if he had met us, or had known any thing about it, he would in such case have kept us there, and not permitted us to proceed further," when one of the council interrupting him, said, " that then we should have been accommodated there with a better vessel, as we declared we arrived in a small leaky boat, as we would not wait to procure a better vessel." We, however, clearly perceived, that if we had not exerted ourselves to the utmost on the road, to avoid Colonel Utie, he would have left nothing untried to disappoint us, and frustrate our plan. After these discussions, we were requested to retire. After discussing among themselves, we again re- turned, and were informed that what they had done was under special commission of Lord Baltimore and their oath; to-
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PETER STUYVESANT, DIRECTOR-GENERAL.
morrow they would hear Lord Baltimore's intentions, and we should be despatched on Saturday.
In the mean time, we had friendly discussions with them individually, on various points. We proposed to submit mat- Various in- ters to a committee of both nations, or enter into a friendly correspondence for trade, &c. While they seemed to consent, they were inclined to defend their rights under their patent. Had also a private interview with the governor, who showed Lord Baltimore's patent ; we asked a copy; permitted to make an extract. Governor and council go to hold a country court. Commissioners found that Lord Baltimore had re- quested lands not yet settled and cultivated, and only inhabited by savages. Thus we concluded that our South River, named anciently Nassau River, was ours, in virtue of our commis- sion and grant of their High Mightinesses the States-General, and hath long been settled before appropriated and purchased, &c., so that Lord Baltimore's pretensions, as far as related to the Delaware Bay, or part of it, was invalid. At P. M. governor Written an- and council returned; after supper, delivered our answer in writing; read it to them. We observed a new change in delivered. them. Governor observed, that our sayings and acts to the Governor's remarks. contrary rendered invalid said patent, as it was given by his Asks for majesty with full instructions that Delaware Bay remains to the English. They required our patent of New Netherland and Delaware Bay ; we answered, we did not need expose it at present, as we did not come for the purpose, but only to prepare a day for a future meeting between both parties. Governor then thought he ought not to have shown his. We replied, we intended no other use of it than for Delaware. Governor said Claiborne had before made the same objection regarding island of Kent, of which he had taken possession before the patent, but did not avail, as he had to implore Lord Baltimore to save his life. We replied, this was a dif- ferent case ; we were not subjects of England, but of the Dutch nation, and had as much right to settle parts of Ame- rica as any others.
Governor again (on 18th) demanded to see our patent of Governor South River; had it not with us, but would show it at a fu- ture meeting. Some members retired to frame an answer, which was read to us. We asked if this was all; said they had nothing else. Some remarks on soldiers' hostilities, that each must pursue his own course. We replied, we should
1659.
formal con- versations with mem- bers of coun- cil, and pri- vate inter- view with governor.
swer of com- missioners
patent. Commission- ers excuse themselves.
again asks for patent.
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1659. prepare ourselves for defence, as before declared and solemnly protested ; well knew that they would not attack us in a clan- destine manner, &c. &c. They replied, they would use their Runawaysto own pleasure; payment for runaways might be settled by courts, but we could not compel them to return, because they considered Delaware in their jurisdiction ; the meeting con- cluded.
be settled for by courts. -
" Dutch- Swedes" ex- plained to governor.
Governor asked the meaning of " Dutch Swedes," which we had used in our declaration ; the greatest number being of them; they had been partners and associates residing for a time under. jurisdiction of the company, or rather connived at, but who became more insolent, so as at length, in a trai- torous manner, they surprised Fort New Amstel, before called Fort Casimir, by which director-general and council in New Netherland were compelled to cleanse that neighbourhood of such a vile gang.
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