The history of the province of New-York, from the first discovery to the year 1732. To which is annexed, a description of the country, with a short account of the inhabitants, their religious and political state, and the constitution of the courts of justice in that colony. : [Four lines of quotations] / By William Smith, A.M.

THE HISTORY OF NEW-YORK. PART I. From the discovery of the colony to the surrender in 1664.

CHRISTOPHER COLUMBUS, a Genoese, employed by Ferdinand and Isabel, king and queen of Castile, was the first discoverer of America* 1.1 He failed from St. Lucar, in August, 1492 and made sight of one of the Bahama islands, on the eleventh of October following. Newfound∣land, and the main continent, were discovered five years after, by Sebastian Gaba••o, a Venetian, in the service of Henry VII. of England, from the 38th to the 68th degred of north latitude.

On the tenth of April, 1606, king James I. for plant∣ing two colonies, passed the great North and South Virgi∣nia patent. To sir Thomas Gates and others, leave was gi∣ven to begin a plantation, at any place on the continent, they should think convenient, between the 34th and 41st degrees of latitude: and all the lands extending 50 miles,

on each side, along the coast, 100 miles into the country, and all the islands within 100 miles, opposite to their plan∣tations, were granted in fee, to be called the first colony. By the same patent, a like quantity was granted to Tho∣mas Henham, esq and others, for a plantation between 38 and 45 degrees of latitude, under the name of the second colony. The first began a settlement in the great bay (Ches∣apeak) in 1607. The latter was planted at Plymouth in New-England, 1620.

Henry Hudson, an Englishman, according to our au∣thors, in the year 1608* 1.2, under a commission from the king his master, discovered Long Island, New-York, and the river which still bears his name; and afterwards sold the country, or rather his right, to the Dutch. Their writers contend, that Hudson was sent out by the East-India com∣pany, in 1609, to discover a north-west passage to China; and that having first discovered Delaware Bay, he came hither, and penetrated up Hudson's river, as far north as the latitude of 43⁰. It is said, however, that there was a sale, and that the English objected to it, though they for some time neglected to oppose the Dutch settlement of the country.

In 1610, Hudson sailed again from Holland to this coun∣try, called by the Dutch, New-Netherlands; and four years after, the states general granted a patent to sundry merchants, for an exclusive trade on the North river, who in 1614 built a fort on the west side, near Albany, which was first commanded by Henry Christiaens. Captain Argal was sent out by sir Thomas Dale, governor of Virginia, in the same year, to dispossess the French of the two towns of Port royal and St. Croix, lying on each side of the bay of Fundy, in Acadia, then claimed as part of Virginia† 1.3. In his return, he visited the Dutch on Hudson's river, who, be∣ing unable to resist him, prudently submitted for the pre∣sent to the king of England, and under him to the governor

of Virginia. The very next year, they erected a fort on the south-west point of the island Manhattans; and two others, in 1623—one, called Good-Hope, on Connecticut river, and the other Nassau, on the east side of Delaware bay. The author of the account of New-Netherland‡ 1.4 as∣serts, that the Dutch purchased the lands on both sides of that river in 1632, before the English were settled in those parts; and that they discovered a little fresh river, farther to the east, called Varsche Riviertie, to distinguish it from Connecticut river, known among them, by the name of Varsche rivier, which Vanderdonk also claims for the Dutch.

Determined upon the settlement of a colony, the states general made a grant of the country, in 1621, to the West-India company. Wouter Van Twiller arrived at fort Am∣sterdam, now New-York, and took upon himself the go∣vernment, in June, 1629. His style, in the patents granted by him, was thus, "We, director and council, residing in New-Netherland on the island Manhattans, under the government of their high mightinesses, the lords states general of the united Netherlands, and the privileged West-India company." In his time, the New-England planters extended their possession westward as far as Connecticut river. Jacob Van Curlet, the commissary there, pro∣tested against it, and in the second year of the succeeding administration, under

William Kieft* 1.5, who appears first in 1638, a prohibi∣tion was issued, forbidding the English trade at fort Good-Hope; and shortly after, on complaint of the inso∣lence

of the English, an order of council was made for send∣ing more forces there, to maintain the Dutch territories. Dr. Mather confesses, that the New-England men first formed their design of ••ettling Counecticut river, in 1635, before which time, they esteemed that river, at least 100 miles from any English settlement; and that they first seat∣ed themselves there, in 1636, at Hartford, near fort Good, Hope, at Weathersfield, Windsor, and Springfield. Four years after, they seized the Dutch garrison, and drove them from the banks of the river, having first settled New-Haven in 1638, regardless of Kieft's protest against it.

The extent of New-Netherland was to Delaware, then called South river, and beyond it; for I find, in the Dutch records, a copy of a letter from William Kieft, May 6, 1638, directed to Peter Minuit† 1.6, who seems, by the tenor of it, to be the Swedish governor of New Sweden, assert∣ing, "that the whole South river of New-Netherlands, had been in the Dutch possession many years above and be∣low, beset with forts, and sealed with their blood." "Which," Kieft adds, "has happened even during your administration in New-Netherland, and so well known to you."

The Dutch writers are not agreed in the extent of No∣va Belgia, or New-Netherland; some describe it to be from Virginia ••o Canada; and others inform us, that the arms of the 〈◊〉〈◊〉 general were erected at Cape Cod, Connecticut, and Hudson's river, and on the west side of the entrance into Delaware bay. The author of the pamphlet mention∣ed in the notes, gives Canada river for a boundary on the

north, and calls the country, north-west from Albany, Ter∣ra Incognita.

In 1640, the English, who had overspread the eastern part of Long Island, advanced to Oysterbay. Kieft broke up their settlement in 1642, and fitted out two sloops to drive the English out of Schuylkill, of which the Mary∣landers had lately possessed themselves. The instructions, dated May 22, to Jan Jansen Alpendam, who commanded in that enterprise, are upon record, and strongly assert the right of the Dutch, both to the soil and trade there. The English from the eastward shortly after sent deputies to New-Amsterdam, for the accommodation of their disputes a∣bout limits, to whom the Dutch offered the following con∣ditions, entered in their books exactly in these words:

"Conditiones a D. Directore gen. senatus Novi Belgil, Dominis Weytingh atque Hill, Delegatis a nobili senatu Hartfordiensi, oblatae:

"Pro agro nostro Hartfordiensi, annuo persolvent prae∣potentiff. D. D. Ordinibus Foed. Provinciarum Belgica∣rum aut corum vicariis, decimam partem reventus agro∣rum, tum arat••o, tum ligone, aliove cultorum medio; pomariis, nortis{que} oleribus dicatis, jugerum Hollandium non excedentibus exceptis; aut decimarum loco, pretium nobile postea constituendum, tam diu quam diu possessores ejusdem agri futuri erunt. Actum in arce Amstelodamensi in novo Belgio, die Julii 9, anno Christi 1642."

We have no account, that the English acceded to these proposals, nor is it probable, considering their superior strength, that they ever did: on the contrary, they daily extended their possessions; and, in 1642, the colonies of the Massachuset's bay, Plymouth, Connecticut, and New-Haven, entered into a league both against the Dutch and Indians, and grew so powerful as to meet shortly after, upon a design of extirpating the former. The Massachuset's bay declined this enterprise, which occasioned a letter to Oliver Cromwell, from William Hooke, dated at New-Ha∣ven, November 3, 1653, in which he complains of the Dutch, for supplying the natives with arms and ammuni∣tion, begs his assistance with two or three frigates, and that letters might be sent to the eastern colonies, command∣ing them to join in an expedition against the Dutch colony, Oliver's affairs would not admit of so distant an attempt* 1.7

but Richard Cro••well afterwards drew up instruction to his commanders for subduing the Dutch here, and wrote letters to the English American governments for their aid; copies of which are preserved in Thurloe's collection, Vol. I. p. 721, &c.

Peter Stuyvesant was the last Dutch governor; and though he had a commission in 1646, he did not begin his administration till May 27, 1647. The inroads, and claims upon his government, kept him constantly employed. New-England on the east, and Maryland, on the west, alarmed his fears by their daily increase; and about the same time, captain Forrester, a Scotchman, claimed Long Island for the dowager of Stirling. The Swedes too were perpetual∣ly incroaching upon Delaware. Through the unskilfulness of the mate, one Deswyck, a Swedish captain and supercar∣go, arrived in Raritan river. The ship was seized, and him∣self made a prisoner at New-Amsterdam. Stuyvesant's rea∣sons were these. In 1651, the Dutch built fort Casimir, now called Newcastle, on Delaware. The Swedes, indeed, claimed the country, and Printz, their governor, formally protested against the works. Risingh, his successor, under the disguise of friendship, came before the fortress, fired two salutes, and landed 30 men, who were entertained by

the commandant as friends: but he had no sooner disco∣vered the weakness of the garrison, than he made himself master of it, seizing also upon all the ammunition, houses, and other effects of the West-India company, and compel∣ling several of the people to swear allegiance to Christina, queen of Sweden. The Dutch, in 1655, prepared to retake fort Casimir. Stuyvesant commanded the forces in person, and arrived with them in Delaware, the 9th of September. A few days after, he anchored before the garrison, and landed his troops. The fortress was immediately demanded as Dutch property: Suen Scutz, the commandant, desired leave to consult Risingh, which being refused, he surrender∣ed the 16th of September on articles of capitulation. The whole strength of the place consisted of four cannon, four∣teen pounders, five swivels, and a parcel of small arms, which were all delivered to the conquered. ••ort Christina was commanded by Risingh. Stuyvesant came before it, and Risingh surrendered it upon terms, the 25th of Septem∣ber. The country being thus subdued, the Dutch governor issued a proclamation, in favour of such of the inhabitants, as would submit to the new government, and about 30 Swedes swore, "fidelity and obedience to the states general the lords directors of the West-India company, their subalterns of the province of New-Netherlands, and the director general then, or thereafter, to be established." Risingh and one Elswych, a trader of note, were ordered to France, or England, and the rest of the Swedish inhabi∣tants to Holland, and from thence to Gottenberg. The Swedes being thus extirpated, the Dutch became possessed of the west side of Delaware bay, now called the Three lower counties.

This country was afterwards under the command of lieutenant-governors, subject to the controul of, and com∣missioned by, the director general at New-Amsterdam. Jo∣han Paul Jaquet was the first vice director, or lieutenant-governor, of South river. His successors were Alricks, Hino∣jossa, and William Beekman. The posterity of the last re∣mains amongst us to this day. These lieutenants had power to grant lands, and their patents make a part of the ancient titles of the present possessors. Alricks' commission, of the 12th of April, 1657, shows the extent of the Dutch claim on the west side of Delaware at that time. He was appoint∣ed "director general of the colony of the South river of New-Netherlands, and the fortress of Casimir, now called Niewer Amstel, with all the lands depending thereon, according to the first purchase and deed of release of the

natives, dated July 19, 1651, beginning at the west side of the Minquaa, or Christina kiln, in the Indian language named Suspecough, to the mouth or the bay, or river, cal∣led Bompt-Hook, in the Indian language, Cannaresse; and so far inland as the bounds and limits of the Minquaa∣land, with all the streams, &c. appurtenances and de∣pendencies." Of the country northward of the kiln, no mention is made. Orders in 1658 were given to William Beekman to purchase Cape Hinlopen from the natives, and to settle and fortify it, which, for want of goods, was not done till the succeeding year.

In the year 1659, fresh troubles arose from the Maryland claim to the lands on South river: and in September, colo∣nel Nathaniel Utie, as commissioner from Fendal, lord Balti∣more's governor, arrived at Niewer Amstel from Maryland. The country was ordered to be evacuated, lord Baltimore claiming all the land, between 38 and 40 degrees of lati∣tude, from sea to sea. Beekman and his council demanded evidence of his lordship's right, and offered to prove the states general's grant to the West-India company, their payment to them, for the land and possession; and upon the whole, proposed to refer the controversy ••o the repub∣lics of England and Holland, praying, at the same time, three weeks to consult Stuyvesant, the general. The com∣missioner, notwithstanding, a few days after, warned him to draw off, beyond latitude 40°: but Beekman disregard∣ed the threat. Colonel Utie thereupon returned to Mary∣land; and an immediate invasion was expected.

Early in the spring of the year 1660, Nicholas Varleth, and Brian Newton, were dispatched from fort Amsterdam, to Virginia, in quality of ambassadors, with full power to open a trade, and conclude a league, offensive and defensive, against the barbarians. William Berckley, the governor, gave them a kind reception, and approved their proposal of peace and commerce, which sir Henry Moody was sent here to agree upon and perfect. Four articles, to that pur∣pose, were drawn up, and sent to the governor for confir∣mation. Stuyvesant artfully endeavoured, at this treaty, to procure an acknowledgment of the Dutch title to the country, which Berckley as carefully avoided. This was his answer.

SIR,

I have received the letter, you were pleased to send me, by mr. Mills his vessel, and shall be ever ready to comply with you, in all acts of neighbourly friendship and amity. But truly, sir, you desire me to do that, con∣cerning

your titles, and claims to land in this northern part of America, which I am in no capacity to do; for I am but a servant of the assembly's: neither do they arro∣gate any power to themselves, farther than the miserable distractions of England force them to. For when God shall be pleased in his mercy, to take away and dissipate the unnatural divisions of their native country, they will immediately return to their own professed obedience. What then they should do in matters of contract, do∣nation, or confession of right, would have little strength or signification; much more presumptive and impertinent would it be in me to do it, without their knowledge or assent. We shall very shortly meet again, and then, if to them you signify your desires, I shall labour all I can, to get you a satisfactory answer.

Virginia, Au∣gust 20, 1660.

I am, sir, Your humble servant, WILLIAM BERCKLEY.

Governor Stuyvesant was a faithful servant to the West-India company: this is abundantly proved by his letters to them, exciting their care of the colony. In one, dated April 20, 1660, which is very long and pathetic, represent∣ing the desperate situation of affairs on both sides of the New-Netherland, he writes, "your honours ima∣gine, that the troubles in England will prevent any at∣tempt on these parts: alas! they are ten to one in num∣ber to us, and are able, without any assistance, to deprive us of the country when they please." On the 25th of June, the same year, he informs them, "that the demands, encroachments, and usurpations, of the English, give the people here great concern. The right to both rivers, says he, by purchase and possession, is our own, without dispute. We apprehend, that they, our more powerful neighbours, lay their claims under a royal patent, which we are unable hitherto to do in your name* 2.1 Colonel

Utie being unsuccessful the last year, in his embassy for the evacuation of the Dutch possessions on Delaware, lord Balti∣more, in autumn 1660, applied, by captain Neal, his agent, to the West-India company, in Holland, for an order on the inhabitants of South river, to submit to his authority, which they absolutely refused, asserting their right to that part of their colony.

The English, from New-England, were every day en∣croaching upon the Dutch. The following letter, from Stuyvesant to the West-India company, dated July 21, 1661, shows the state of the colony at that time, on both sides. "We have not yet begun the fort on Long-Island, near Oysterbay, because our neighbours lay the boundaries a mile and a half more westerly, than we do; and the more, as your honours, by your advice of December 24, are not inclined to stand by the treaty of Hartford, and propose to sue for redress on Long Island and the Fresh Water river, by means of the states' ambassador. Lord Sterling is said to solicit a confirmation of his right to all Long Island, and importunes the present king, to confirm the grant made by his royal father, which is affirmed to be already obtained. But more probable, and material, is the advice from Mary∣land, that lord Baltimore's patent, which contains the south part of South river, is confirmed by the king and published in print: that lord Baltimore's natural brother, who is a rigid papist, being made governor there, has received lord Baltimore's claim, and protest to your honours in council, (where with he seems but little satisfied) and has now more hopes of success. We have advice from England, that there is an invasion intended against these parts, and the country solicited of the king, the duke and the parliament, is to be annexed to their dominions; and for that purpose, they desire three or four frigates, persuading the King, that the company possessed and held this country under an unlaw∣ful title, having only obtained of king James, leave for a watering place on Staten Island, in 1623."

In August 1663, a ship arrived from Holland at South river, with new planters, ammunition, and implements of husbandry. Lord Baltimore's son landed a little after, and was entertained by Beekman at Niewer Amstel. This was Charles, the son of Cecilius, who in 1661, had procured a grant and confirmation of the patent, passed in favour of

his father in 1632. The papistical principles of the Balti∣more family, the charge of colonizing, the parliamentary was with Charles I. and Oliver's usurpation, all conspired to impede the settlement of Maryland, till the year 1661. And these considerations account for the extension of the Dutch limits, on the west side of Delaware bay.

While the Dutch were contending with their European neighbours, they had the art always to maintain a friend∣ship with the natives, until the war which broke out this year with the Indians at Esopus, now Ulster county. It con∣tinued, however, but a short season. The five nations never gave them any disturbance, which was owing to their con∣tinual wars with the French, who settled at Canada, in 1603. I have before observed, that Oliver Cromwell was applied to, for his aid in the reduction of this country, and that his son Richard took some steps towards accomplishing the scheme. The work was however reserved for the reign of Charles II. an indolent prince, and entirely given up to pleasure, who was driven to it, more, perhaps, by the dif∣ferences then subsisting between England and Holland, than by any motive that might reflect honour upon his prudence, activity, and public spirit. Before this expedition, the king granted a patent, on the 12th of March, 1664, to his brother the duke of York and Albany, for sundry tracts of land in America, the boundaries of which, because they have given rise to important and animated debates, it may not be im∣proper to transcribe.

"All that part of the main land of New-England, begin∣ning at a certain place, called or known by the name of St. Croix, next adjoining to New-Scotland in America, and from thence extending along the sea coast, unto a certain place called Pemaquie, or Pemequid, and so up the river thereof, to the furthest head of the same, as it tendeth northward; and extending from thence, to the river of Kimbequin, and so upwards, by the shortest course, to the river Canada, northward: and also all that island, or islands, commonly called by the several name or names of Meito∣wacks, or Long Island, situate and being towards the west of cape Cod, and the narrow Higansetts, abutting upon the main land, between the two rivers, there called or known by the several names of Connecticut and Hudson's river, together also with the said river, called Hudson's river, and all the land from the west side of Connecticut river, to the east side of Delaware bay, and also, all those several islands, called or known by the names of Martin's Vineyard, or Nan∣tuck's, otherwise Nantucket: together, &c."

Part of this tract was conveyed by the duke, to John Lord Berkley, baron of Stratton, and sir George Carteret, of Sal∣trum, in Devon, who were then members of the king's council. The lease was for the consideration of ten shil∣lings, and dated the 23d of June, 1664. The release, dated the next day, mentions no particular sum of money, as a consideration for the grant of the lands, which have the fol∣lowing description.

"All that tract of land, adjacent to New-England, and lying and being to the westward of Long Island, and bound∣ed on the east part by the main sea, and part by Hudson's river; and hath, upon the west, Delaware bay, or river, and extendeth southward, to the main ocean as far as Cape May, at the mouth of Delaware bay: and to the north∣ward, as far as the northermost branch of the said bay or river of Delaware, which is forty one degrees and forty minutes of latitude: which said tract of land is hereafter to be called by the name, or names, of Nova Caesarea, or New-Jersey."

Thus the New Netherlands became divided into New-Jersey, so called after the isle of Jersey, in compliment to sir George Carteret, whose family came from thence; and New York, which took its name in honour of the duke of York.

The Dutch inhabitants by the vigilance of their governor, were not unapprised of the designs of the English court against them; for their records testify, that on the 8th of July, "the general received intelligence, from one Thomas Willet, an Englishman, that an expedition was preparing in England, against this place, consisting of two frigates of 40 and 50 guns, and a fly boat of 40 guns, having on board 300 soldiers, and each frigate 150 men, and that they then lay at Portsmouth, waiting for a wind." News arrived also from Boston, that they had already set sail. The burgomas∣ters were thereupon called into council. The fortress was ordered to be put into a posture of defence, and spies sent to Milford and West-chester for intelligence. Boston was in the secret of the expedition; for the general court had, in May preceding, passed a vote for a supply of provisions, to∣wards refreshing the ships on their arrival. They were four in number, and resolved to rendezvous at Gardener's island, in the Sound, but parted in a fog, about the 20th of July. Richard Nicolls, and sir George Carteret, two of the com∣missioners, were on board the Guyny, and fell in first with Cape Cod. The winds having blown from the south west, the other ships, with sir Robert Carr, and mr. Mavenick,

the remaining commissioners, were rightly concluded to be driven to the eastward. After dispatching a letter to mr. Winthrop, the governor of Connecticut, requesting his as∣sistance, col. Nicolls proceeded to Namasket, and thence to Boston. The other ships got into Piscataway. John Endicot, a very old man, was then governor of Boston, and incapa∣ble of business. The commissioners, therefore, had a con∣ference with the council, and earnestly implored the as∣sistance o•• that colony. Col. Nicolls and sir George Carteret, in their letter from Boston, to sir H. Bennet, secretary of state, complain much of the backwardness of that province. The reasons urged in their excuse, were poverty and the season, it being the time of harvest; but perhaps disaffec∣tion to the Stuart family, whose persecuting fury had driven them from their native country, was the true spring of their conduct. The king's success in the reduction of the Dutch, evidently opened him a door, to come at his ene∣mies in New-England, who were far from being few* 2.2; and whether this consideration might not have given rise to the project itself, I leave to the conjectures of others.

On the 27th of July, Nicolls and Carteret made a formal request in writing, "That the government of Boston would pass an act to furnish them with armed men, who should be∣gin their march to the Manhattans, on the 20th of August ensuing, and promised, that if they could get other assistance, they would give them an account of it." The governor and council answered, that they would assemble the general court, and communicate the proposal to them.

From Boston, a second letter was written to governor Winthrop, in Connecticut, dated the 29th of July, in which he was informed, that the other ships were then arrived, and would sail with the first fair wind; and he was desired to meet them at the west end of Long-Island.

One of the ships entered the bay of the North river, se∣veral

days before the rest; and as soon as they were all come up, Stuyvesant sent a letter, dated ⅓ 9/0 of August, at fort Anil, directed to the commanders of the English fri∣gates, by John Declyer, one of the chief council, the rev. John Megapolensis, minister, Paul Lunder Vander Grilft, major, and mr. Samuel Megapolensis, doctor in physic, with the utmost civility, to desire the reason of their approach, and continuing in the harbour of Naijarlij, without giving notice to the Dutch, which (he writes) they ought to have done.

Col. Nicolls answered the next day with a summons.

To the honorable the governors, and chief council at the Manhattens.

Right worthy sirs,

I Received a letter by some worthy persons intrusted by you, bearing date the ⅓ 9/0 of August, desiring to know the intent of the approach of the English frigates; in return of which, I think it fit to let you know, that his majesty of Great Britain, whose right and title to these parts of America is unquestionable, well knowing, how much it derogates from his crown and dignity, to suffer any foreigners, how near soever they be allied, to usurp a do∣minion, and, without his majesty's royal consent, to inhabit in these, or any other of his majesty's territories, hath commanded me, in his name, to require a surrender of all such forts, towns, or places of strength, which are now possessed by the Dutch, under your commands; and in his majesty's name, I do demand the town, situate on the island commonly known by the name of Manhatoes, with all the forts thereunto belonging, to be rendered unto his majesty's obedience and protection, into my hands. I am further commanded to assure you, and every respective inhabitant of the Dutch nation, that his majesty, being tender of the effusion of christian blood, doth by these presents, confirm and secure to every man his estate, life, and liberty, who shall readily submit to his government. And all those, who shall oppose his majesty's gracious intention, must expect all the miseries of a war, which they bring upon themselves. I shall expect your answer by these gentlemen, colonel George Carteret, one of his majesty's commission∣ers in America; captain Robert Needham, captain Edward Groves, and mr. Thomas Delavall, whom you will enter∣tain

with such civility as is due to them; and yourselves and yours, shall receive the same, from,

Worthy sirs, your very humble servant, Richard Nicolls.

Dated on board his majesty's ship, the Guyny, riding be∣fore Naych, the 20/31 of Aug. 1664.

Mr. Stuyvesant promised an answer to the summons the next morning, and in the mean time convened the council and burgomasters. The Dutch governor was a good soldier, and had lost a leg in the service of the states. He would willingly have made a defence; and refused a sight of the summons, both to the inhabitants and burgomasters, lest the easy terms offered, might induce them to capitulate. The latter, however, insisted upon a copy, that they might communicate it to the late magistrates and principal burghers. They called together the inhabitants at the stadt∣house, and acquainted them with the governor's refusal. Governor Winthrop, at the same time, wrote to the di∣rector and his council, strongly recommending a surrender. On the 22d of August, the burgomasters came again into council, and desired to know the contents of the English message from governor Winthrop, which Stuyvesant still refused. They continued their importunity; and he, in a fit of anger, tore it to piecee: upon which they protested against the act, and all its consequences. Determined upon a defence of the country, Stuyvesant wrote a letter in an∣swer to the summons, which, as it is historical of the Dutch claim, will doubtless be acceptable to the reader. The fol∣lowing is an exact transcript of the record.

My lords,

YOUR first letter, unsigned, of the 20/31 August, together with that of this day, signed according to form, be∣ing the first of September, have been safely delivered into our hands by your deputies; unto which we shall say, that the rights of his majesty of England, unto any part of America hereabout, amongst the rest, unto the colonies of Virginia, Maryland, or others in New-England, whe∣ther disputable or not, is that which, for the present, we have no design to debate upon. But that his majesty 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 absolutely do, by virtue of a commission given to me, by my lords, the high and mighty states ge∣neral, to be governor general, over New-Holland, the isle

of Curacoa, Bonaire, Aruba, with their appurtenances and dependencies, bearing date the 26th of July, 1646; as also by virtue of a grant and commission; given by my said lords, the high and mighty states general, to the West-India compa∣ny, in the year 1621, with as much power and as authentic, as his said majesty 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 deputies, colonel George Carteret, cap∣tain Robert Needham, captain Edward Groves, and mr. Thomas Delavall; by which commission and patent, toge∣ther (to deal frankly with you) and by divers letters, sign∣ed and sealed by our said lords, the states general, directed to several persons, both English and Dutch, inhabiting 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 command, that they continue faithful unto them, under penalty of incurring their utmost displea∣sure, which makes it appear more clear than the sun at noon-day, that your first, foundation, viz. that the right and title of his majesty of Great Britain, to these parts of America, is unquestionable, is absolutely to be denied. Moreover, it is without dispute, and acknowledged by the world, that our predecessors, by virtue of the commission and patent of the said lords, the states general, have, with∣out controul and peaceably (the contrary never coming to our knowledge) enjoyed fort Orange, about 48 or 50 years, the Manhattans about 41 or 42 years, the South river 40 years, and the Fresh Water river about 36 years.

Touching the second subject of your letter, viz. "His majesty hath commanded me, in his name, to require a sur∣render 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 discretion and equity of his majesty of Great Britain, that in case his ma∣jesty were informed of the truth, which is, that the Dutch came not into these provinces, by any violence, but by vir∣tue of commissions from my lords, the states general, first of all in the years 1614, 1615, and 1616, up the North Ri∣ver 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 commission and grant, to the go∣vernors 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 abovesaid commissions from the high and mighty states general, given to the persons interested as aforesaid, and others, these provinces have been governed, and consequent∣ly enjoyed, as also in regard of their first discovery, unin∣terrupted 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 ma∣jesty of Great Britain, were well-informed of these pas∣sages, he would be too judicious to grant such an order, principally in a time when there is so strait a friendship, and confederacy, between our said lords and superiors, to trouble us in the demanding and summons of the places and fortresses, 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 deputies, under the names and seal of the said high and mighty states general, dated the 28th of July 1646. Besides what hath been men∣tioned, there is little probability, that his said majesty of England (in regard the articles of peace are printed, and were recommended to us to observe seriously and exactly, by a letter written 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 con∣sequently ought to command and maintain their subjects, and in their absence, we, the governor general, are obliged to maintain their rights, and to repel and take revenge of all threatenings, unjust attempts, or any force whatsoever, that shall be committed against their faithful subjects and inhabitants; it being a very considerable thing, to affront so mighty a state, although it were not against an ally and confederate. Consequently, if his said majesty (as it is fit) were well informed, of all that could be spoken upon this subject, he would not approve of what expressions were mentioned in your letter; which are, that you are com∣manded by his majesty, 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 ex∣press demand of my government, since all the world knows, that about three years ago, some English frigates 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 Gam∣bo, and all other places in Guyny, to them belonging. Up∣on which, our said lords, the states general, by virtue of the articles of peace, having made appear the said attempt to his majesty of England, they received a favourable an∣swer, his said majesty disallowing all such acts of hostility, as might have been done, and, besides, gave order, that re∣stitution 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 provinces, represent them, as belonging to them, and not to the king of Great Britain, except his said majesty, upon better grounds, make it ap∣pear to our said lords, the states general, against which they may defend themselves, as they shall think fit. To con∣clude: we cannot but declare unto you, though the gover∣nors and commissioners of his majesty have divers times quarrelled with us, about the bounds of the jurisdiction or the high and mighty the states general, in these parts, yet they never questioned their jurisdiction itself; on the contrary, 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 majesty hath never been well-in∣formed, 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 majesty of Great-Britain would give a com∣mission to molest and endamage the subjects of my said lords, the states general, especially such, as ever since 50, 40, and the latest 36 years, have quietly enjoyed their lands, countries, forts, and inheritances: and less, that his sub∣jects 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 majesty of England, and my lords, the states general, and the ra∣ther, 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 majesty) 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 de∣puties, mr. Cornelius Van Ruyven, secretary, and receiver of New Holland, Cornelius Steenwick, burgomaster, mr. Samuel Megapolensis, doctor 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 disposal, 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. Stuyvesant.—At the fort at Amsterdam, the second of September, new stile, 1664."

While the Dutch governor and council were contending with the burgomasters and people in the city, the English commissioners published a proclamation* 4.1 in the country, encouraging the inhabitants 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, Ulissen, Jamaica, and Hemp∣sted. A warrant was also issued to Hugh Hide, who com∣manded 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, where∣in, 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 re∣ceiver, Cornelius Steenwyck, major, and James Cousseau, sheriff, to consult, if possible, an accommodation. Nicolls, who knew the disposition of the people, answered imme∣diately 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 Wyllys, one of the assistants or council of that colo∣ny, and Thomas Clarke, and John Pynchon, commissioners from the general court of the Massachusetts 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 farm, and there signed the following articles of capitula∣tion.

These articles following were consented to by the per∣sons hereunder subscribed, at the governor's bowery, Aug. the 27th, old stile, 1664.

• I. We consent, that the states general, or the West-India company, shall freely enjoy all farms and houses (ex∣cept 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 public houses shall continue for the uses which they are for.
• III. All people shall still continue free denizens, and shall enjoy their lands, houses, goods, wheresoever 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 public minister of state, have a mind to go for England, they shall be transported fraught free, in his majesty's frigates, when these frigates 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 home, or send any sort of merchandize 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 enjoy 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 sa∣tisfied 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 burgomaster, by his officers, shall appoint some houses capable to receive them.
• XI. The Dutch here shall enjoy their own customs concerning their inheritances.
• XII. All public writings and records, which concern the inheritances of any people, or the reglement of the church, or poor, or orphans, shall be carefully kept by those, in whose hands now they are; and such writings as particular∣ly concern the states general, may at any time be sent to them.
• XIII. No judgment that has passed any judicature 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.
• XIV. If any Dutch, living here, shall at any time de∣sire to travel or traffic into England, or any place, or plan∣tation, 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 li∣berty to do so.
• XV. If it do appear, that there is a public engagement

• of debt, by the town of the Manhattoes, and a way agreed on for the satisfying of that engagement, it is agreed, that the same way proposed shall go on, and that the engage∣ment shall be satisfied.
• XVI. All inferior civil officers and magistrates, shall con∣tinue 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 allegiance 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 determi∣ned, according to the manner of the Dutch.
• XVIII. If it do appear, that the West India compa∣ny of Amsterdam, do really owe any sums of money to any persons here, it is agreed that recognition, and other du∣ties payable by ships going for the Netherlands, be continu∣ed for six months longer.
• XIX. The officers military, and soldiers, shall march out with their arms, drums beating, and colours flying, and lighted matches; and if any of them will plant, they shall have fifty acres of land set out for them; if any of them will serve as servants, they shall continue with all safety, and become free denizens afterwards.
• XX. If at any time hereafter, the king of Great-Bri∣tain, 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 majesty will send his commands to re-deliver it, it shall immediately be done.
• XXI. That the town of Manhattans shall choose de∣puties, and those deputies shall have free voices in all pub∣lic affairs, as much as any other deputies.
• XXII. Those who have any property in any houses in the fort of Aurania, shall, (if they please) flight the forti∣fications there, and then enjoy all their houses, as all peo∣ple do where there is no fort.
• XXIII. If there be any soldiers that will go into Hol∣land, and if the company of West-India in Amsterdam, or any private persons here, will transport them into Holland, then they shall have a safe passport from col. Richard Ni∣colls, deputy-governor under his royal highness, and the other commissioners, to defend the ships that shall transport such soldiers, and all the goods in them, from any surprisal or acts of hostility, to be done by any of his majesty's ships or subjects. That the copies of the king's grant to his royal highness, and the copy of his royal highness's com∣mission

• mission to col. Richard Nicolls, testified by two commis∣sioners more, and mr. Winthrop, to be true copies, shall be delivered to the honourable mr. Stuyvesant, the present governor, on Monday next, by eight of the clock in the morning, at the Old Miln; and these articles consented to, and signed by col. 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 Man∣hatoes, 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, Nich. Verleett, Sam. Megapolenfis, Cornelius Steenwick, Oloffe Stevens Van Kortlant, James Cousseau, Robert Carr, Geo. Carteret, John Winthrop, Sam. Willys, Thomas Clarke, John Pinchon.

I do consent to these articles, RICHARD NICOLLS.

These articles, favourable as they were to the inhabitants, were however very disagreeable to the Dutch governor; and he therefore refused to ratify them, till two days after they were signed by the commissioners.

The town of New-Amsterdam, upon the reduction of the island Manhattans, took the name of New-York. It consist∣ed of several small streets, laid out in the year 1656, and was not inconsiderable for the number of its houses and in∣habitants. The easy terms of the capitulation, promised their peaceable 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 commis∣sioners to the general court. Hudson's and the South river were, however, still to be reduced. Sir Robert Carr com∣manded the expedition on Delaware, and Carteret was commissioned to subdue the Dutch at fort Orange. The garrison capitulated on the 24th of September, and he cal∣led it Albany, in honour of the duke. While Carteret was here, he had an interview with the Indians of the five na∣tions, and entered into a league of friendship with them, which remarkably continues to this day* 4.2. 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 first 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. Governor Stuyvesant him∣self held his estate, and died here. His remains were inter∣red in a chapel, which he had erected on his own farm, at a small distance from the city, now possessed by his grandson Gerardus Stuyvesant, a man of probity, who has been elect∣ed into the magistracy, above thirty years successively. Jus∣tice obliges me to declare, that for loyalty to the present reigning family, and a pure attachment to the protestant religion, the descendents of the Dutch planters, are per∣haps exceeded by none of his majesty's subjects.

Notes

• * 1.1

  Some authors allege, that Columbus first offered his services to the republic of Genoa; then to John II. of Por∣tugal, and afterwards to our king Henry VII; but this dis∣agrees with lord Bacon's account, who informs us, that Christopher Columbus failed, before his brother Bartholo∣mew had laid the project before the king, which was owing to his falling into the hands of pirates, on his way to Eng∣land.
• * 1.2

  Charlevoix, a French Jesuit, author of the general his∣tory of New France, thinks this discovery was in 1609, Vol. I. 12⁰. edition, p. 221. But Stith, Douglass, Oldmixen, and other English writers agree, that Hudson's first voyage was in the preceding year.
• † 1.3

  Charlevoix places this transaction in 1613. Vol. I. Hist. of N. France in 12⁰, p. 210. But Stith, whom I follow, being a clergyman in Virginia, had greater advantages of knowing the truth than the French Jesuit.
• ‡ 1.4

  The pamphlet is entitled, "Beschryvinghe van Vir∣ginia, Neiuw Nederland," &c. and was printed at Am∣sterdam in 1651. It contains two descriptions of the Dutch possessions. The first is a copy of that published by John de Laet at Leyden. The second gives a view of this country several years after, in 16••0. A short representation of the country of the Mahakuase. ••••dians, written in 1644, by John Megapolensis, jun. a Dutch minister residing here, is annex∣ed to that part of the pamphlet concerning New-Nether∣land.
• * 1.5

  We have no books among our Dutch records remain∣ing in the secretary's office, relating to state matters, be∣fore Kieft's time, nor any enrolment of patents, till a year after Van Twiller arrived here. Mr. Jacob Goelet suppli∣ed us with several extracts from the Dutch records.
• † 1.6

  The ano••••••no is Dutch author of the description of New-Netherland, in 1649, calls him Minnewits; and adds, that in 16••8, he arrived at Delaware with two vessels, pretending that he touched for refreshment in his way to the West-Indies, but that he soon threw off the disguise, by employing his men in e••e••ting a fort. The same histo∣rian informs us, of the murder of several Dutchmen, at South river, by the Indians occasioned by a quarrel, con∣cerning the taking away the states' arms, which the for∣mer had erected at the first discovery of that country; in resenting which, an Indian had been killed. If Kieft's let∣ter, alludes to this affair, then Minuit preceded Van Twil∣ler, in the chief command here; and being perhaps diso∣bliged by the Dutch, entered into the service of the queen of Sweden.
• * 1.7

  The war between him and the states, which began in July, 1652, was concluded by a peace on the fifth of April, 1654. The treaty makes no particular mention of this country. If any part of it can be considered as relating to the American possessions, it is to be found in the two first articles, which are in these words: "Imprimis, it is a∣greed and concluded, that, from this day forwards, there be a true, firm, and inviolable peace, a sincere, in∣timate, and close friendship, affinity, confederacy, and union, betwixt the republic of England and the states general of the united provinces of the Netherlands, and the lands, countries, cities, and towns, under the domi∣nions of each, without distinction of places, together with their people and inhabitants, of whatsoever degree.

  II. "That hereafter all enmity, hostility, discord, and contention, betwixt the said republics, and their people and subjects, shall cease; and both parties shall hence∣forwards abstain from the committing all manner of mis∣chief, plunder, and injuries, by land, by sea, and on the fresh waters, in all their lands, countries, dominions, places, and governments whatsoever."
• * 2.1

  If we should argue, from this letter, that the West-In∣dia company had no grants of the New Netherlands, from the states general, as some suppose, we discredit De Laet's history, dedicated to the states in 1624, as well as all the Dutch writers, and even Stuyvesant himself, who in his letter to Richard Nicolls, at the surrender, asserts that they had a grant, and showed it under seal to the English depu∣ties. But the genuine construction of the Dutch governor's letter, is this, that in 1660, he had not the patent to the West-India company, to lay before the English in America, who disputed the Dutch right to this country.
• * 2.2

  T. Dixwell, esq one of Charles I.'s judges, and excepted out of the general pardon, lived many years at New-Haven (incog.) in quality of a country merchant: sir Edmond Andross, in one of his tours through the colony of Connec∣ticut, saw him there at church, and strongly suspected him to be one of the regicides. In his last illness, he revealed himself to the minister of the town, and ordered a small stone to be set at the head of his grave, which I have often seen there, inscribed, T. D. esq While at New-Haven, he went under the name of John Davis.
• * 4.1

  It was in these words: "Forasmuch as his majesty hath sent us (by commission under his great seal of England) amongst other things, to expel, or to reduce to his majes∣ty's obedience all such foreigners as without his majesty's leave and consent, have seated themselves amongst any of his dominions in America, to the prejudice of his majes∣ty's subjects, and diminution of his royal dignity; we, his said majesty's commissioners, do declare and promise, that whosoever, of what nation soever, will, upon knowledge of this proclamation, acknowledge and testify themselves, to submit to this his majesty's government, as his good sub∣jects, shall be protected in his majesty's laws and justice, and peaceably enjoy whatsoever God's blessing, and their own honest industry, have furnished them with; and all other privileges, with his majesty's English subjects. We have caused this to be published, that we might prevent all inconveniencies to others, if it were possible: however, to clear ourselves from the charge of all those miseries, that may any way befall such as live here, and will [not] ac∣knowledge his majesty for their sovereign, whom God pre∣serve."
• * 4.2

  The Dutch were sensible of the importance of preserv∣ing an uninterrupted amity with those Indians, for they were both very numerous and warlike. The French pur∣sued quite different measures, and the irruptions of those tribes, according to their own authors, have often reduced Canada to the brink of ruin.