The History of the Province of New York, from the first discovery to the year MDCCXXXII

Front matter

HISTORY OF IEW-YORK. AD VER TISEMENT. AN point of wealth, resources and importance, the state of New- York is second to none in the Union. She has been the theatre of interesting transactions since her first colonization. The ambitious views ofthe aspiring court of France, while it controuled the Canadas, were frequently directed to her subjugation : and in repelling the incursions of the French and Indians, much of her blood has been drawn, and much of her treasure dissipated. The history of the founders of this state is crouded with striking incidents. With a bravery and vigour of soul, which, were they recorded in Grecian or Roman history, would have exalted their names, they defended their territory against invasion, and their civil and religious rights from she encroachments of arbitrary power.

In truth, they possessed an unusual portion of that proud spirit of freedom, which looks indignantly upon chains, and spurns coercion. In reviewing the conduct of our ancestors, we find much to swell our bosoms with honourable pride. Little attention, however, has, hitherto, been directed to the history of this state. While New-Hampshire, Mas sachusetts, Connecticut, Vermont, and some other states, possess accurate and valuable historical memoirs, of recent date, New- York has been, for the last seventy years, enthely neglected. The history by Judge VI. Smith, is a work of established reputation, but it closes when the more interesting events of our history begin to develope. . To supply this deficiency, as far as pro gress has been made, is the object of the continuation to the present work.

How far, and how successfully this has been accomplished, is left to the decision of the canfiid and impartial reader. The historical facts have been collected from official documents, so far as these were accessible ; and where these were deficient recourse has been had to such other sources as were entitled to credit. In copying Smith's history, few deviations from his mode of spelling the names of places, particularly such as are derived from the aboriginal tongues, have been made. It is believed that he adopted the mode of spell ing which conveyed most clearly the sound of Indian words. HISTOR\ 01' NEW-YORK, FROM THE FIRST DISCOVERY TO THE YEAR M.DCC.XXX1I. TO WHICH IS ANNEXED, A DESCRIPTION OF THE COUNTRY, WITS A SHORT ACCOUNT OF THE INHABITANTS, THEIR DELIBIOUS AND POLITICAL STATE, AND THE CONSTITUTION OF THE COURTS OB JUSTICE IN THAT COLONY.

Preface

. WHOEVER considers the number and extent of the British colonies, on this continent ; their climates* soil, ports, rivers, riches, and numberless advantages, must be convinced of their vast importance to Great Britain ; and be at a loss to account for the ignorance concerning them, which prevails in those kingdoms, whence their inhabitants originally sprang. The merchants indeed, by profitable experience, have not been altogether unacquainted with our trade and our growth — and some gentlemen of an inquisitive turn, by the help of their correspondents, have obtained the knowledge of many other particulars equally important. But the main body of the people conceive of these plantations, under the idea of wild, boundless, inhospitable, uncultivated desarts ; and hence the punishment of a transportation hither, in the judgment of most, is thought not much less severe, than an infamous death.

Nay, appealing to facts, we may safely assert, that even the publick boards, to whose care these extensive dominions have been more especially committed, attained but lately, any tolerable acquaintance with their condition. This is the more to be wondered at, as it is natural to imagine, that the king's governours have statedly transmitted full accounts of Preface. X their respective provinces. The case has been quite otherwise. Governments were heretofore too often bestowed upon men of mean parts, and indigent circumstances. The former were incapable of the task, and the latter too deeply engrossed by the sordid views of private interest, either to pursue or study our common weal. The worst consequences have resulted from these measures. Perpetual animosities being engendered between the governours, and the people subjected to their authority ; all attempts for conciliating the friendship of the Indians, promoting the fur trade, securing the command of the lakes, protecting the frontiers, and extending our possessions far into the inland country, have too often given place to party projects and contracted schemes, equally useless and shameful.

The conduct of the French has been just the reverse : in spite of all the disadvantages of a cold climate, a long and dangerous navigation up the river of St. Lawrence, a rough, barren, unsettled* country, locked up from all communication with the ocean, the greatest part of the year ; I say, notwithstanding these difficulties, they have seized all the advantages . which we have neglected. The continent, for many hundred leagues, has been thoroughly explored, the main passes fortified, innumerable tribes of Indians, either won over to their interest,! subdued or bridled, the fur trade engrossed, a communication maintained between the extremes of New-France, the British colonies restricted to scant limits along the sea * " Encore mains peuple." Charlevoix: f " N6tre nation, la seule, qui ait eu le secret de gaguer 1'affectioE cles Ameriquains."

Charlevoix. Preface. XI shore, and nothing left remaining for the establishment of a vast empire, but to open a free water passage to the ocean, by the conquest of the province of New- York. If the governours of these plantations had formerly been animated by the same generous and extensive views, which inspired Mr. Burnet ; the long projected designs of our common enemy might, with the aid of Great Britain, have been many years ago supplanted, or at least defeated, at a trifling expense. But alas ! little, too little, attention has been had to these important affairs, till the late encroachments on the river Ohio, in the province of Pennsylvania, gave the alarm, and the ministry were apprised of the French machi nations, by the seasonable representations of General Shirley ; and if the colonies have now attracted the notice of his majesty and his parliament, their grateful acknowledgments are due principally to the noble lord, to whom these sheets are dedicated, for his laudable enquiries into their state, and his indefatigable zeal and industry for their defence and prosperity.

At present our affairs begin to wear a more smiling aspect. We are under the guardianship of a sovereign who delights in the welfare of his people ; are respect ed by a parliament, affected with a generous sympa thy for the distresses of their fellow subjects, in all their dispersions ; and by a wise improvement of the British aids, it is hoped, we shall be able to retrieve the ill consequences of our long, reproachful, and in sensible security. Formerly the colonies were at home disregarded and despised, nor can any other reason be assigned fin it, than that they were unknown. This is, in a great Preface. XII degree, to be imputed to ourselves. If our governours withheld those informations, which their duty required them to have given, persons of private character ought to have undertaken that useful and necessary task.

But, except some accounts of the settlements in the Massachusetts Bay and Virginia, all the other histo ries of our plantations upon the continent are little else than collections of falsehoods, and worse than none. That this charge against those published con cerning this province, in particular, can be fully sup ported, I persuade myself, will incontestably appear from the following summary, concerning which I shall say a few words. Having been formerly concerned, according to an appointment by act of assembly, in a review and di gest of our provincial laws, it was the duty of myself, and my partner in that service, to peruse the minutes of the council, and the journals of the general assembly, from the glorious revolution, at the accession of king William, to the year 1751 : and as an acquaint ance with our publick transactions, was a branch of instruction, of which a student for the profession of the law ought not to be ignorant, I have since re examined those entries, beginning with the first minutes of council, and read over many of the records in the secretary's office.

From these authentick ma terials, the following pages were, in a great measure, compiled. For many of those parts, which concern our affairs with the French and the Indians, antecedent to the peace of Ryswick, in 1 697, I am bound to make liberal acknowledgments to Dr. Colden, the au thor of the history of the Five Nations. Mr. Alexander, a gentleman eminent in the law. Preface. XIII and equally distinguished for his humanity, generosity, great abilities, and honourable stations, supplied me with some useful papers ; and has left behind him a collection, that will be very serviceable to any gentleman who may hereafter incline to continue this narrative, through the administrations of Mr. Cosby, and Lieutenant-Governour Clarke. The draught of this work was unfinished, at the time of Mr. Alexan der's decease ;* and therefore, as it never passed un der his examination, many important additions are lost, which his long and intimate acquaintance with the affairs of this province Avould have enabled him t<? supply.

When I began to frame this digest, it Avas only in tended for private use ; and the motives which now induce me to publish it, are the gratification of the present thirst in Great Britain after American intelli gences : contributing, as far as this province is con cerned, to an accurate history of the British empires in this quarter of the world ; and the prospect of do ing some small service to my country, by laying be fore the publick a summary account of its first rise and present state. Influenced by these views, I am not so regardless of the judgment of others, as not to wish it may be, in * He died on the 2d of April, 1756. f As the provinces are different jn their constitutions, and with respect to government, independent of each other ; no general history of America can be expected, till gentlemen of leisure will draw up particular accounts of (be respective colonies with which they are acquainted.

Preface. some measure, acceptable. To please all sorts of rea ders I know is impossible : he who writes with such hopes, is a stranger to human nature, and will be in fallibly disappointed. My design is rather to inform than please. He who delights only in pages shining with illustrious characters, the contentions of armies, the rise and fall of empires, and other grand events, must have recourse to the great authors of antiquity. A detail of the little transactions, which concern a colony, scant in its jurisdiction, and still struggling with the difficulties naturally attending its infant state, to gentlemen of this taste, can furnish no entertainment. The ensuing narrative, (for it deserves not the name of a history, though for brevity's sake I have given it that title) presents us only a regular thread of simple facts ; and even those unembellished with reflections, because they themselves suggest the proper remarks, and most readers will doubtless be best pleased with their own.

The sacred laws of truth have been in fringed neither by positive assertions, oblique, insidious, hints, wilful suppressions, or corrupt misrepresenta tion. To avoid any censure of the kind, no reins have been given to a wanton imagination, for the invention of plausible tales, supported only by light probabili ties ; but choosing rather to be honest and dull, than agreeable and false, the true import of my vouchers hath been strictly adhered to and regarded. With respect to its style, the criticks, in that branch of literature, are at full liberty to condemn at their pleasure. The main use of language is to express our ideas. To write in the gay, pleasing, pomp of diction, is above my capacity. If any are disposed to blame me for being too verbose, let it be remembered that Preface. XV this is the indefeasible right of my profession, founded upon immemorial prescription. Perspicuity is all I have endeavoured to maintain, nor am I at leisure to study any higher attainments in language. WEW-YOiæ.

Part I

From the Discovery of the Colony to the Surrender in 1664. CHRISTOPHER COLUMBUS, a Genoese, em ployed by Ferdinand and Isabel, king and queen of Castile, was the first discoverer of America.* He sailed from St. Lucar in August, 1492, and made sight of one of the Bahama islands on the eleventh of October following. Newfoundland and the main con tinent, were discovered five years after, by Sebastian Gabato, a Venetian, in the service of Henry VII. of England, from the 38th to the 68th degree of north latitude. On the tenth of April, 1606, king James I. for plant ing two colonies, passed the great north and south Virginia patent. To Sir Thomas Gates and others, leave was given to begin a plantation, at any place on the continent, they should think convenient, between * Some authors alledge, that Columbus slrst offered his services to the republick of Genoa ; then to John II, of Portugal, and afterwards to our king Henry VII ; but this disagrees -with Lord Bacon's account, who informs us, that Christopher Columbus sailed, before his brother Bartholomew had laid the project before the king, which was owing to his falling into the hands of pirates on his way to England.

New-York. 18 the 34th and 4 1st degrees of latitude : and all the lands extending fifty miles, on each side, along the coast, one hundred miles into the, country, and all the islands within one hundred miles opposite their plantations, 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, (Chesapeake) in 1607. The latter was plant ed at Plymouth, in New-England, 1620. Henry Hudson, an Englishman, according to our authors, in the year 1608,* 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 company in 1609, to discover a northwest 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 43°. It is said, however, that there was a sale, and that the English ob jected 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 country, called by the Dutch, New-Netherland ; and four years after, the States General granted a patent to sundry merchants, for an exclusive trade on the North * Charlevoix, a French Jesuit, author of the General History of New-France, thinks this discovery was in 1609, vol. I. 12mo. cditicn, p. 221. But Stith, Douglas, Oldmixoo, and other English writers agree that Hudson's first voyage was in the preceding year.

River, who in 161 4 built a fort, on the west side, near Al bany, which was first commanded by Henry Christiaens. Captain Argal was sent out by sir Thomas Dale, go vernour of Virginia, in the same year, to dispossess the French of the two towns of Port-Royal and St. Croix, lying on each side ofthe bay of Fundy in Acadia, then claimed as part of Virginia*. In his return, he visited the Dutch on Hudson's river, who being unable to resist him, prudently submitted for the present to the king of England, and under him to the governour of Vir ginia. 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 Dela ware bay. The author of the account of New-Nether lands asserts, 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 Vander donk also claims for the Dutch. * Charlevoix places this transaction in 1613.

Vol. I. Hist, of New- France, in 12mo, p. 210. But Stith, whom I follow, being a clergy man in Virginia, had greater advantages of knowing the truth than the French Jesuit. t The pamphlet is entitled, " Beschryvinghe van Virginia, Neiuw Nederland," &c. and was printed at Amsterdam in 1051. 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 couatry several years after, in 1649. A short representation of <he country ofthe Mahakuase Indians, written in 1644, by John Me gapoleusis, jun. a Dutch minister residing here, is annexed to that part of the pamphlet concerning New-Netherland. 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-Amsterdam, now New- York, and took upon him self the government in June, 1629. His style, in the patents granted by him, was thus, 3 We director and council, residing in New-Netherland on the island Manhat tans, 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 West ward as far as Connecticut river. Jacob Van Curlet, the commissary there, protested against it, and in the second year of the succeeding administration, under William Kieft,* who appears first in 1638, a prohibition was issued, forbidding the English trade at fort Good-Hope ; and shortly after, on complaint of the in solence of the English, an order of council was made for sending more forces there, to maintain the Dutch territories.

Dr. Mather confesses, that the New-England men first formed their design of settling Connecticut riv er in 1635, before which time, they esteemed that river, at least 100 miles from any English seltlement ; and that they first seated 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, * We have no books among our Dutch records remaining in the secretary's office, relating to state matters, before Kieft's time, nor any enrol ment of patents, till the year after Van Twiller arrived here. Mr. Ja pb Goelet supplied u^ with several extracts from the Dutch records. having first settled NewT-Haven in 1638, regardless of Kieffs protest against it. The extent of New-Netherlandwasto 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*, who seems by the tenour of it, to be the Swedish governour of New- Sweden, asserting, "that the whole South River of New- Netherland, had been in the Dutch possession many years above and below, 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 Nova Belgia, or New-Netherland ; some describe it to be from Virginia to Canada ; and others inform us, that the arms ofthe States 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 mentioned in the notes gives Canada river for a boundary on the north, and calls the country, northwest from Albany, Terra Incognita. * The anonymous Dutch author of the Description of New-Nether land in 1649, calls him Minuewits ; and adds, that in 1G38 he arrived at Delaware with two vessels, pretending that he touched for refresh ment in his way to the West-Indies ; but that he soon threw off the disguise, by employing his men in erecting a fort.

The same historian informs us, of the murder of several Dutch men, at South River, by the Indians, occasioned by a quarrel, concerning the taking away the States' arms, which the former had erected at the first discovery of that country; in resenting which an Indian had been killed. IfKksi's let ter alludes to this affair, then Minuit preceded Van Twiller, in the chief command here ; and being perhaps disobliged by the Dutch, ■entered into 'he service ofthe queen of Sweden. In 1640, the English, who had overspread the eastern part of Long Island, advanced to Oysterbay. Kieft broke up their settlement in 1 642, and fitted out two sloops to drive the English out of Schuylkill, of Avhich the Marylanders 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.

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 1643 the colonies ofthe Massachusetts' Bay, Plymouth, Connect icut, 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 Massachusetts' Bay declined this enterprise, which occasioned a letter to Oliver Cromwell from William Hooke, dated at New-Haven, November 3, 1653, in which he complains of the Dutch, for supply ing the natives with arms and ammunition, begs his assistance with two or three frigates, and that letters might be sent to the eastern colonies, commanding them to join in an expedition against the Dutch colony.

Oliver's affairs wrould not admit of so distant an attempt,* but Richard Cromwell afterwards drew up instructions 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. 1. p. 721, &c. Peter Stuyvesant was the last Dutch governour, and * The war between him and the States, which began in July, 1C52, 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 agreed and concluded, that, from this day forwards, there be a true, firm, and inviolable peace, a sincere, intimate and close friendship, affinity, confederacy, and union, betwixt the republick of England and the States General of the United Provinces of the Netherlands, and the lands, countries, cities, and towns, under the dominions of each, without distinction of places, together with their people and inhabitants of what soever degree.

" II. That hereafter all enmity, hostility, discord, and contention betwixt the said republicks, and their people and subjects, shall cease, and both parties shall henceforwards abstain from the committing ail manner of mischief, plunder, and injuries, by land, by sea, and on the fresh waters, in all their lands, countries, dominions, places, and govern ments whatsoever. 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 em ployed. 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 doAvager of Stirling. The Swedestoo were perpetually incroaching upon Delaware. Through the unskilfulness of the mate, one Deswyck, a Swedish captain and supercargo arrived in Raritan riv er.

The ship was seized, and himself made a prisoner at New-Amsterdam. Stuyvesant's reasons were these. In 1651, the Dutch built fort Casimir, now called New castle, on Delaware. The Swedes, indeed, claimed the country, and Printz, their governour, formally protested against the works. Risingh, his successor, under the disguise of friendship, came before the fortress, sired two salutes, and landed thirty men, who were entertained by the commandant as friends ; but he had no sooner discovered the weakness of the garrison, than he made himself master of it, seizing also upon all the ammuni tion, houses, and other effects of the West-India com pany, and compelling several of the people to swear all giance 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 aster, he anchored before the garrison, and landed his troops. The fortress was immediately demanded as Dutch pro perty : Suen Scutz, the commandant, desired leave i{? consult Risingh, which being refused, he surrendered the 1 6th of September on articles of capitulation. The whole strength of the place consisted of four cannon, fourteen pounders, five swivels, and a parcel of small arms, which were all delivered to the conquered. Fort Christina was commanded by Risingh. Stuyvesant came before it, and Risingh surrendered it upon terms the 25th of September. The country being thus sub dued, the Dutch governour issued a proclamation, in favour of such ofthe inhabitants, as would submit to the new government, and about thirty Swedes swore, " Fi delity and obedience to the States General, the lords di rectors of the West-India company, their subalterns of the province of New-Netherlands, and the director general then, or thereafter, to be established."

Ri-* singh and one Elswych, a trader of note, were order ed to France, or England, and the rest of the Swedish inhabitants to Holland, and from thence to Gottenberg* The Swedes being thus extirpated, the Dutch became possessed of the West side of Delaware bay, now call ed the three lower counties. This country was afterwards under the command of lieutenant-governours, subject to the controul of, and commissioned by, the director general at New-Amster dam. Johan Paul Jaquet was the first vice-director, or lieutenant-governour, of South River. His successors were Alricks, Hinojossa and William Beekman. The posterity of the last remains 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. Alrick's commission, of the 12th of April, 1657, shews the extent ofthe Dutch claim on the west side of Delaware at that time.

He was appointed " Di rector general of the colony ofthe South River of New- Netherlands, and the fortress of Casimir, now called Niewer Atrate!, with all the lands depending thereon^ t according to the first purchase and deed of release o£ the natives, dated July 19, 1651, beginning at the west side ofthe Minquaa, or Christina Kill, in the Indian language named Suspecough, to the mouth of the bay, or river called Bompt-Hook, in the Indian language Cannaresse ; and so far inland as the bounds and limits ofthe Minquaas land, with all the streams, &c. appurtenances, and dependencies." Of the country northward ofthe kill, no mention is made. Orders in 1658 were given to William Beekmanto purchase Cape Hin lopen from the natives, and to settle and fortify it, which, for want of goods, was not done till the succeed ing year.

In the year 1659, fresh troubles arose from the Mary land claim to the lands on South River ; and in Septem ber Colonel Nathaniel Utie, as commissioner from Feu dal lord Baltimore's governour, arrived at Niewer Am stel from Maryland. The country was ordered to be evacuated, lord Baltimore claiming all the land, be tween 38 and 40 degrees of latitude, from sea to sea. Beekman and his council demanded evidence of his lordship's right, and offered to pprfve 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 to the republicks 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 of, beyond the latitude of 40° : but Beek man disregarded the threat.

Colonel Utie thereupon re turned to Maryland, and an immediate invasion was ex pected. Early in the spring ofthe year 1660, Nicholas Vai*leth, and Brian Newton, were dispatched from fort Am sterdam to Virginia, in quality of ambassadors, with full power to open a trade, and conclude a league, of fensive and defensive against the barbarians. William Berckley, the governour, gave them a kind reception, approved their proposal of peace and commerce, which Sir Henry Moody was sent here to agree upon and per fect. Four articles, to that purpose, were drawn up, and sent to the governour for confirmation. Stuyve sant artfully endeavoured, at this treaty, to procure an acknowledgement of the Dutch title to the country,, which Berckley as carefully avoided. This was his an swer : " Sir, " I have received the letter, you were pleased id 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, concerning 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 arrogate 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, donation, 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 irteet again, and then, if to them you signi- V fy your desires, I shall labour all I can, to get you a satisfactory answer.