History: PA Archives: Second Series, Vol. 18: THE DUTCH RECORDS OF NEW NETHERLANDS : DOCUMENTS RELATING TO THE CONNECTICUT SETTLEMENT IN THE WYOMING VALLEY. Contributed for use in the USGenWeb Archives by Joe Patterson and Sally. USGENWEB ARCHIVES (tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/pa/pafiles.htm _____________________________________________________________________________________________ NOTE: An html version of this volume may be found at http://www.usgwarchives.net/pa/1pa/paarchivesseries/series2/vol18/paarch2-18toc.html <>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<> DOCUMENTS RELATING TO THE CONNECTICUT SETTLEMENT IN THE WYOMING VALLEY. EDITED BY WILLIAM HENRY EGLE, M. D. HARRISBURG: E. K. MEYERS, STATE PRINTER. 1893. [Page numbers are in carats.] TABLE OF CONTENTS. _ _ _ _ _ _ Minutes of the Susquehanna Company, 1-123 An Examination of the Connecticut Claim, 125-214 Connecticut Records examined by Pennsylvania, 215-276 The Dutch Records of New Netherlands, 277-322 Letters from the Pennsylvania Claimants, 323-388 Letters from Secretary of Land Office, 389-430 Letters from the Commissioners, 431-514 Book of the Fifteen Townships, 515-572 Journal of the Commissioners, 1810, 573-609 Miscellaneous Papers relating to the Wyoming Controversy, 611-780 Index, 781 _____________________________________________________________________________________________ <277> THE DUTCH RECORDS OF NEW NETHERLANDS IN CONNECTION WITH THE BOUNDARIES OF CONNECTICUT. <279> TRANSLATION OF DUTCH RECORDS OF NEW NETHERLANDS NOW STATE OF NEW YORK. _ _ _ Book A.-a prohibition by order of Governm't without Leave to trade with thear Hous the Hope "By order of Governour an Council-Every one is warned by this proclamation that no man presume to sail with Schuyts or other vessels to our Fort the Hope, without an order from the Governour, or to come from thence without a proper Certificat from the Companies Commissary there residing, In failure whereof such vessel & Cargo shall be forfeited to the Company and the owner subject to pay such fines as according to the Crime shall be laid on him. fort Amsterdam 31 March 1639. 1641, 6 June. The Governour and Councel hearing the manifold Insolance of the English on Fresh Water River, by Violence possessing their Land which they had purchased of the natives, first settled and fortified, disturbing their subjects, spoiling their Improvement, ruin their Gare & kill their Cattle, came to the following Resolution "This being by us considered how such proceedings tend to the dishonour and little esteem of the Supream power, and the Hon'ble West India Company whose just Right and authority we are to maintain: Have concluded and are determined to send Mr. Johannes La Montage one of the Councel of New Netherland with 50 Soldiers & some sloops to establish and fix our House the Hope, That those Hostilities so wickedly put in practice by the English be not repeated, and our Just Right in those our Territories are better maintained. 1642 April 3. The Governour and Councel complain that whilst they had purchased their Ground on and in Fresh Water River in the year 1633, paid for it and possest it ever since long before any Christians were acquainted with that River; That the English notwithstanding our continual protestations have encroached our Territories, abuse and evil treat our people, using them barbarous, ruin and defeat all their Improvement & drive them from our Land, and have usurped part of our Land into their pretended Township call'd Hartford. "So it is our special Command that no inhabitant of New Netherland <280> THE DUTCH RECORDS presume to buy any provisions raised on our fresh water River, or near our fort Hope, direct nor indirect out of the 2d or 3d Hand, all on pain of arbitrary Correction, except they produce the Raisor of such provisions. And all those that offer to sell provisions shall be purged by oath, where their provisions are raised, when they shall obtain proper certificates, of this every Inhabitant is advised. Proclaim'd in Fort Amsterdam. On the 10th July" 1642, appeared before us the Governor and Councel of New Netherland Messr's Weyting and Heer, deputed by the Governour and Councel of Hartford, situated on fresh water River of New Netherland, authorized by Credentals which set forth that they were qualified to treat with us about the dispute of the possession of a certain piece of Land on said River the which they claime desiring the peaceable enjoyment thereof, Whereon we answered that the said Land was purchased by us 1633 and paid for to the Right owners as appears by their Indian Deed & bargain of sale in virtue whereof we have taken possession thereof in the same year, built a fort and supplied it with Ammunition & a proper Garrison before any other Christian people ever knew or entered this River as we shew'd them with severell original proofs, and indisputable Rights. Desiring of the said Deputies that we may possess our own lawfull premises in peace, & manure them to our liking: or that they acknowledge the H: & M. States Gen'l & his Highnes the Prince of Orange for their Sovereins. And pay the Rates and Taxes for the possession of said Land. The which the Deputies have provisional accepted and desired some time to Communicate such to their Gov'r & Councel, which was granted them, giving the proposals in writing, in Latin, dated as above." _ _ _ In Book B.-"Whilst David Provoost Commissary on Fresh water River in New Netherland is come to crave his dismishon, and reports that the House Hope in that Quarter wonts to be repaired, and better provision for its Continuance then hitherto was made the more as that house Hope first & mantained is one of the Northermost Limits of New Netherland, for in Case the said House which in some degree is a Charge to the Governm't should be abandoned the English who have already usurped our purchased soil, would soon make themselves Master of s'd River, and thus our frontiers fall in their hands which would be degrading our Soverens and depriving the Ho. West India Comp'y of their Just Right. So it is after mature Consideration resolved and determined to man- <281> OF NEW NETHERLANDS. tain the House Hope for the Honour of their H. M. & the Lords Majors and thus to appoint a fit person for a Commissary in Room of the former. Thus done & concluded in Councel at fort Amsterdam in New Netherland the 6th June Anno 1647. _ _ _ In the Book of Letters from W. India Company to the Governour in New Netherland mark Q a letter dated Amsterdam 15th April 1650 where they mention to have receiv'd the Letter from the Government of Boston to Governour Stuyvezand of the 6th August 1649, and Governour Stuyvezand, answer there on 2d September following, the one and the other are taken out of the book B since the last liefe is dated 2d August and above 10 Leafs are tore out. In this Letter the Company write very pressing to settle the Limits with New England in Consequence whereof it seems that Settlement of the Limits with Hartford, Connetticut, New Haven & the Commissioners in the year 1650 is made, but the Treaty itself no where to be found although often mentioned. _ _ _ In Book G fo. 161 & 162.-An English Letter from the Governm't of Massachusetts to our Governour. Much Honored Sir-We received yours of the 27th October 1659, in answer to a letter of the Commissioners of the United Colonies dated September the 7th 1659 wherein we confess you have gratified us in letting us know your mind though your Resolutions and the Reasons thereof be no matter of satisfaction to us, we have therefor thought it necessary by this our Letter, as also by our Hon'd and well beloved Major William Hawthorne and Mr. John Richards (to whom we desire you to give Credit) to let you understand our clear and honest Intentions in the Business, to stop your Admiration and demonstrate the Equity of the motion of the Honoured Commissioners on our behalf-The patent granted to the Colony of the Massachusets by the late King Charles begins on the South part, three miles to the Southward of Charles River, or Massachusets Bay which lyeth in the northerly Lattitude of 42:20' And upon an East and West line is to extend through the main Land of America from Sea to Sea; and we are very well assured that some part of Hudsons River (a name well known to the English before the arrival of any Dutch in those parts) lyeth to the Northward of the said Lattitude and is within our patent granted and possessed by us about thirty two years and although the Dutch may have intruded within the said Limits, and we by Reason of our Remoteness to the said Hudsons River, and opportunity <282> THE DUTCH RECORDS of planting together whilst our number were fewer have made no use of our Right there: Yet being now increased and wonting convenient places to settle our people we conceive no Reason can be imagined why we should not improve and make use of our Just Rights, in all the Lands granted us, especially those upon Hudsons River not being actually possessed by your nation, which is the only thing that at present we intend; and you may rest assured that your premitting a passage up the said River shall no ways be improved by us to prejudice your Right upon the said River, or that your Amicable Compliance with us should be requited by Treacherous or Unworthy attempts from us. Sir you cannot be ignorant that the Rhine, the Elb with many other Rivers pass through the Territories of Divers Princes, yet afford passage to all in Amity; neither can it be more lawfull for our party to denye a passage merely for profit sake, than for another to open it for the same End; and should our enjoying our Right be some damage to your trade and profit, we would suppose that argument so unbecoming the professors of Christianity that those that do but pretend to common Justice and Honesty could never allege it seriously without blushing. We have prohibited all forreiners to trade with the natives in our Jurisdiction and cannot denie you the like liberty, but will not therefor yield to be debarred from trading with our own Indians, though living near you, and possibly to the Hindrance of your Trade, neither do we expect or desire that you should be denied the like Liberty. We have understood the Capacity wherein you stand, and have therefor made our Addresses to you, as our Neighbours, not judging it necessary to apply ourselves to the Lords States, or West India Company, yourselves being by them substituted to do Justice, and consequently to us in our clear and undenyable Rights and in our reasonable and amicable Desires of passage for the more easy Improvement of our Rights, the denial whereof will much more endangour your Hon'rs &c then your amicable Compliance with us can render you obnoxious to your superiors. The Contract made at Hartford, as the Commissioners have truly aledged was between the Colonies of Connetticut and New-Haven and yourselves, The Massachusetts not being concerned therein as you very well understood, Their Commissioners being Arbitrators which you would have objected against, had they been parties, but were it as you say, yet it doth not prejudice the present Claim of the Massachusets upon Hudsons River because that agreement of not coming nearer Hudsons River then ten miles is expressly limited to extend no farther then 20 miles from the Sea to which we never pretended a Title as not being within our Limitts of 42:20: Yet <283> OF NEW NETHERLANDS. those parts upon Hudsons River that are in the Lattitude aforesaid, and more then 20 miles from the Sea are lyable to our Claim, Notwithstanding the aforesaid Contract. After our due Respects presented remain Sir your affectionately loving friends and neighbours Edward Rawson Secret'y In name, and by order of the Gen'l Court of the Massachusets. Boston 12th Novem'r 1659. which Letter is translated in Dutch fo. 163. to 165. and answered in Dutch, from 167 to fo. 173. the which being translated is as followeth; Right Esteemed Worthy Lords, and beloved neighbours, We had expected that our former advises of 29th October last year in answer to the letter of the Commissioner from Hartford on Connecticut dispatcht to Governour Endicut would have given sufficient advise & contentment to himself, to you, and to every one concerned, how we by our Oaths Honour and express Command were limitted to allow no right, Title, Trade or a Passage on this their undisputable North River, but to true faithfull and Sworn Subjects & Inhabitants of this their Province of New Netherland. But as our former advices gave them no satisfaction so that in their latest advises 1298 by their Commissioners Major Hawthorne & M'r John Richards they made new proposals, & persisting on new terms, we shall answer them in the clearest manner, as short as is possible. In the first place you say "The patent granted to the Colony of the Massachusets by the late King Charles, begins on the South part three miles to the S'ward of Charles River or Massachusets Bay, which lyeth in the northerly Lattitude of 42'd 20'm And upon an East and West Line is to extend quite through the main land of America (on a straight line) from Sea to Sea. On which we answer That such a patent regular obtained, doth not deprive their High Mightinesses the States General of the United Provinces of their power to give Licence to their good and faithfull subjects the Lords Directors of the West India Company which was granted to them before the pretended patent of their King before mentioned; and thus the patent of that unhappy King can not prejudice the more early possession of neighbouring friends and allies, you have omitted or studiously evaded the Date of your patent; it is evident by Historians English & Dutch, that that unhappy King succeeded his father 1625. The printed Histories Proofs & Journells Letters and memorials from new Netherland make it appear that this North River of New Netherland was first discovered on the Charge of the Netherlanders in the year 1609 by Hendrik Hudson Commander and merchant on the Jagt de Halve Moon, employed by the East India Company, and on Report of said Hudson, some Merchants in Amsterdam sent another ship on the same River 1610, <284> THE DUTCH RECORDS who obtained Commission and Licence from their High Mightinesses after that, to navigate that River for whose protection they built them a small fort in the year 1615, whence an Island near fort Orange or Albany still retains the name of Castle-Island, and whereof the Ruins may yet be seen, the which by high floods, and the Setting of the Ice much impaired, is at length neglected; and lastly New Netherland and of Consequence also the North River as part thereof by Octroy or Priveledged Licence from their H : M : the States General granted to the Ho: West India Company, who in the year 1623 (2 years Before K. Charles came to the Crown, and perhaps more yet before the granting of the Massachusets Patent) were in actual possession of the said North River, which they had planted with Colonies, and for the better securing their Right built a fort at New Amsterdam on the mouth, and on the upper part another fort called it fort Orangie. You say farther; "we are very well assured that some part of Hudsons River (a name well known to the English) before the arrival of any Dutch in those parts, lyeth to the Northward of the said Lattitude and is within our patent granted, and possessed by us about 32 years. We have already said and can prove that the North River though by the English called Hudsons after the first discoverer, was by him first discovered in the Service of the East India Company, and so first found out and discovered by the Hollanders before any English Shipping been in these parts, and been in possession although by particular persons yet by Licence priveledged by their H: M: not only 32 but above 50 years, and now above 37 years in Hands of the West India Company who have peopled the said N'o. River & strengthned it with 2 forts ever since. It was therefor a gros aspersion cast on our nation to call us Intruders, a name more becoming those that by your Instigation intrude in the Rights of our Limitts and violently possess the Land which we had in Indisputable possession 36 or 37 years as on Fresh water River, the house Hope, the North River and its forts Amsterdam and Orange. So long since before any English man had intruded within these Limits; you will without doubt approve of and hold to that General Rule accepted by all Christian Nations Qui Prior in Possessions prior est in Jure. The Similitude quoted of the Elb and other Rivers in Germany running through many Dominions of Princes & Citties, without denying passage to one another, you yourselves would have solv'd that Difficulty iff the River of Theem's had been taken instead of one of them. We are not ignorant that on that and other Rivers many princes, Electorates, and Citties border, All under one Empire or Kingdom, every one retain their own Jurisdiction, and own nation, but do not therefor admit other <285> OF NEW NETHERLANDS. nations as French & English, even as the English will grant possession or Jurisdiction to no nation on the Theems, and so Right to claim passage there, and even if they did we hope you are not ignorant quod similitudines aliquo modo demonstrant sed nihil ponunt. You say farther that "You have prohibited all foreiners to trade with the nations in your Jurisdiction, and can not denie us the like liberty. We apprehend the authority of our Soverins and privelege to their subjects granted placed them in such capacity that they need no leave, nor fear denial of any others, nor have their Right fixed by any others. But say you farther "We will not therefor yield to be debarred from Trade with our own Indians though living near you, and possibly to the Hindrance of your Trade." We refer this to your own Judgment how this squares with your proceeding Supposition, if enjoying our Right should prove to your detriment, we Judge that to persist therein would be very unbecoming the professors of the Christian faith, even against common Justice. What you understand and who you mean by your own Indians, and how far they extend you do not mention, and thus are we kept in the dark. We hinder no Indians to trade with other Nations, but only on our own Streams & Rivers long since purchased & inhabited with the Lands bordering thereon, and thus shall mantain & defend our Indisputable Right with our all, and suffer you nor any foreiner to trade or pass over our River without our Leave. We freely own with you that we are duly qualified and commissionated by our Sovereins the H: M: States Gen'l of the United provinces; and by the Right esteemed Lords Directors of the West India Company to maintain their Right by all the means & power given us by God and our Superiors, both on the South and North River as their Indisputable purchased Rights and lawfull Jurisdictions the which we must and will maintain, and not part with any part thereof without their leave. You seem to conclude this subject with some daring Symptoms the more as it is abridged with the Emphaeses, Etcetra &c. We shall make no other reply on this then that we need apprehend no fear or difficulty but such as the Just, but also merciful God shall dispose of, by whom our Innocence and Just Right may be protected without any power or means. The Contract made at Hartford is manifest in itself, and beyond dispute. But as the Commissioners for the Massachusets, at that time claimed no Interest in settling the Limits between Us and the Colonies of New Haven and Connetticut, in the 20 miles before expressed, so they claimed no right power or authority on any Lands Creeks or Streams bordering on the North River, beyond the beforementioned 20 miles, which if they had done at that time, <286> THE DUTCH RECORDS these their troublesome and ungrounded pretentions would have been answered & the Controversy long since decided. We shall rest it here after our humble Salutations and having recommended you to the Divine Protection Right worthy Lords and well beloved neighbours, your affectionate friends and neighbours, Petrus Stuyvesant. Dated fort Amsterdam the 20 April An'o 1660. To the Right worthy Lords and well beloved Neighbours the Lords of the General Court of Massachusets Colony residing at Boston. _ _ _ In Book I fol: 287. to 290'"Notwithstanding the Indisputable Right of the Honour'l preveleged W. I: Company to this their province of New Netherland being as clear as the sun at noon day being first discovered & planted by our nation & strengthend with proper Forts & Garrissons, yet have our English Neighbours (against our repeated protestations) violently usurped not only the Borders but into the very heart of the West I: Companys Territories; To prevent the like Incursions for the future our Governor the Ho: Peter Stuyvesant went in person and met at the General meeting at Hartford 1650 and concluded with their Committy a Treaty by which the Limitts between the United Colonies of the English and our Province provisional, which Treaty of provisional Limitts is since rattified by their High : M : the States General. But some of our English Neighbours not regarding those Solemn Tyes and Engagements have continued their usurpation and in particular last year when the High Court of Hartford Colony, having obtained their new Patent, have not only made new pretentions on this our province of New Netherland, but have actually challenged our Towns Heemstede, Flushing, Middleburgh, Rustdorp, and Gravesand, demanding of them to surrender to their Government, as appears by the Letters they sent to their Townships, and even reduced Oostdorp, now West Chester to their obedience the which unreasonable Anticipation of theirs we have from time to time Remonstrated to the H : W : I : company residing at Amsterdam, and though we had requested our supperiors to obtain Redress by his Brittish majesty so we have by their Ho : advise of 16 April last little hopes to see this effected they advising us to settle the Limitts here with our neighbours. In order therefor to fix our Limitts it is resolved on and thought expedient that how much the presence of our Governour is wonting herein, those perilous times, and troubles with the Indians, yet once more to goe in person to meet them in <287> OF NEW NETHERLANDS. their general meeting of the United Collonies at Boston this year if possible to settle the long wisshed for peaceable Limitts with their Commissioners, to which the Magistrates agreed that How Little the Governor could be spared yet that he goe on this important occasion. Dated fort Amsterdam 6 Septem'r 1663. This Resolve signed by Petrus Stuyvesant, Miasius de Sielle, J'n Beekman, O: Stevens, V: Cortland, J: L: V: der Graft, Jacob S bryker. After this Resolve there is a Letter in English wrote at Hartford by John Callecott and John Allyne directed to some English Town dated 24 August 1663. In substance that nothing is determined in their favour in this General Court, but will be done in their next the 2d Thursday in October, that they hear Stuyvesant is going to the Gen'l Court to Boston but deart move nothing to their prejudice; and further animating them to sedition. On which the Consell meeting the same was taken into Consideration ye 26 September: "Resolved to send an Express to the Govern'r at Boston of this affair that he may the better lay those unlawfull proceedings before their Generall Assembly, and have despatched an Express according'y. See fo. 310. & 311. A Thretening Letter in English by Richard Panton to the Governm't Septem'r 14, 1663 to release a prisoner of theirs, the English, else they will look on his detainment as a Breach of peace fo. 315 dated Middelburg. An English Letter wrote by the Councell, but no Supperscription: Trusty and Well beloved friends, we are certainly informed and have found the same indeed that diverse persons driven with a spirit of mutiny, aiming at nothing but to fish in troubled waters to their own particular profit have undertaken to deceive and to seduce the trusty Inhabitants of this province and faithfull subjects of the High and Mighty States Generall of the United Provences and the Worshipfull preveledged West India Comp'y endeavouring to excite and sturr them up to Sedition and mutiny with many and false Reasons and Inducements which practice of theirs not only directly crosses the articles of peace rattified between his Majesty of England and the forementioned Lords States General but also against the agreement of the Separation of Bounds, made and concluded at Hartford in New England with the United Colonies of New England, and although we are certain that you according to your obliged Duty and sworn oath will not give any eare much less Consentment to such troublesome Spirits, nevertheless by this present occasion we could not omit by these presents to require recommend and ordain that if it should chance that such mutines Spirits and troublesome persons should come into your Town for to molest and desquiet the good Inhabitants for the same and to draw them of from their duty <288> THE DUTCH RECORDS that you would presently take hold of them and send them heither upon the charges of the Worshipfull company or else to give us timely notice of their actings to the end that such persons might be seased upon by us that through that means the disquietnes and molestations which might issue thence might be hindred and prevented that the good Inhabitants might continue in quietnes peace and unity as they have done through Gods Blessings hitherto. In Confidence of which after hearty greeting and salutation we recommend you in Gods protection and remain your cordial & affectionate friends The Councel of New Netherland In New Amsterdam in New Netherland 26 Septem'r 1663. After this and the Governours return a Journey of Commissioners was appointed by Governour & Councel to treat with the Governm't of Hartford at their Generall meeting, their originall Journal whereof is distinguished in the General Index, the few sheats BB. The Commissioners set out 15 Octob'r 1663 and by the 19 met in their assembly. The farther adventures of their proceedings here translated. On the 19th in the morning before the Assembly met we wated on ye Hon. John Wintorp, desired him to use his endeavour to move all obstructions to their Commission, and promote Concord the which he promised: The Commissioners having already delivered their written Instruction the Governour and Councel insested on; so now insested to know of the Governour what the Court had determined. The Governour replied that the Court had committed some persons to treat with us, we could not find any more opening from the Governour, and the Assembly being met we being admitted offered our request in wrighting. To the Hon'le worthy Lord Govern'r & Councel committed for the Collony of Hartford: These few lines tends only to acknowledge with gratitude the Cevelety wherewith we have been received and treated as the kind Reception of our Credentials & the proposals of our Governm't praying that we may have thereon your cathagorical answer, that we may know how to proceed. The which being delivered in we were told by the marshale Three persons were committed to treat with us, and would meet us in an hours time at the House of M'r Howard Miller about half way between our Lodgings and the Councel Room, desiring us to meet them, and met at the appointed time where the Committy after some stay met us the time being relapsed we were call'd to dine with the Court in the Councel Hall, the which we did, after dinner pressing that the Committy may not again delay their meeting, they promised and did meet us at the place appointed. Having every one taken his place, we produced our Commission, desired to see theirs, they produced Copy of their minits setting forth that Alleyn Sen'r, Capt. <289> OF NEW NETHERLANDS. Fall & John Allyne Jun'r were dully qualified to treat with us, adding that producing any farther Commission was needles as we ourselves had heard of the Court that they were appointed. We then desired their answer on our proposals made them, they asked, what they were, we said they were delivered them in writing as 1. to know iff they were determined to conform themselves to the advice of the three other Colonies being in substance that all matters and disputes about the Limitts should remain as it was settled and agreed on in the year 1650 until the next meeting of the Commissioners A'o 1664. 2'dly Or that they appoint some persons to settle the Limitts now. 3d . or if that wont do, that the settling of the Limitts and the whole dispute should be referred to their Superiorson both sides in Europe, and in the maine time, all matters of Dispute should remain as was formerly agreed to in the year 1650. Many debates were offerd pro and con on those points, and the afternoon was spent without bringing any matter to Conclusion. On the 1st they said they could not conform to our advice for Reason first that they had already annimated the English Towns of Long-Island that they were comprehended under the Right of the Kings Patent. Secondly that the greater part of them had freely surrenderd themselves under their Government. Thirdly that they could nor might not denie them their protection least they incurr his Majestys displeasure whilst they were comprehended in their patent, adding that although settling of the Limitts were postponed to the next meeting of the Commissioners A'o 1664. they could not conform themselves to the advice of the Commissioners of other Colonies, but to the Kings patent, and iff the Commissioners should act repugnant thereto, theyd sooner seperate themselves from the other Colonies, saying they'd never allow any other limitts but what was fixt by his Majesty, and them that would make any alteration set themselves above his Majesty. All we aledged against this that his Majesties Intention was not to grant that which was already granted by others and in their lawfull possession, and such Construction could not be laid on their Patent. It availed not, they persisted in their ungrounded pretensions. On our 2d proposal they answered nothing to the purpose, only by Interrogation, iff the Director Generall was sufficiently Quallified by the Prince of Orange and the Lords States Generall, on which we answer'd in the affirmative, and the which they drop't and proceeded to our 3d proposal on which they answerd, to aggree that the Decision of our Limitts should be left to the Superiors in Europe provided the English Towns on Long Island and West Chester should provisional remain under the Government of Hartford. This being proposed M'r Allyne 19-VOL. XVIII. <290> THE DUTCH RECORDS Sen'r ascerted that he surely knew the English Towns would no longer stand under the obedience of the Dutch Government, and issue would constrain them thereto they would use their all to defend them. That it was therefor best to avoid damage & blood shed to leave them Towns under Hartford Government till matters are at home decided. On which we replied that such would never be allowed, and if matters were so, we had no farther business here, and as to the Towns that they themselves were occasion of their Revolting having annimated them thereto by their own Messengers. They said they were in duty bound to acquaint them with his Majesties favours, we said they might do such to his Majesties Subjects, but not to the subjects of their High Mightinesses, and the Ho: W: I: Company, on which they replied they were subjects of his Majesty, seated on his Land under protection of his patent; We asked what they accounted the Treaty of Limitts for made 1650. They said for naught whilst his Majesty had now fixed their Limitts, and the other were only provisional, on which we vallued our selves on the Concurrance of the other Towns and Colonies. They replied they could make no alteration, least making themselves more then their King, and had nothing to do with the other Colonies in this affair. Having spent much time in this fruitless desputing and observing on all sides that whilst they sent their Missionaries, Mills, Van Coo, Pantom and others to West Chester & the English Towns on Long island to prompt them to sedition, and the Messengers from them Towns daily appearing in town we saw clearly they wonted to gain time; And said in plain terms that if those Townships would come under protection of their Government and craved their Assistance, that they must stand by them; This being by us considered, and with all if we departed without fixing some things the English Towns might be revolted before our Return; We to avoid all difficulty & prevent strife & effusion of Blood to make those ultimate proposals, viz't. That if they will faithfully keep and maintain the Treaties of Limitts 1650 until the Limitts shall be fixed by our Superiors in Europe, and not presume to take any of the English Towns standing under our Governm't in their protection nor under their Jurisdiction. We on our side would use no authority over West Chester during that time adding that if this our proposal be not accepted we and our principals having done all we could shall be clear before God & the World of the Consequences of those unlawfull proceedings of theirs. 20th October met, asked them if they'd answer on our proposals, after some frivelous exceptions that the English on Long Island would not stand under our obedience and if we should offer to compell them the spilling <291> OF NEW NETHERLANDS. of Blood was dreaded. They said absolutely, That the English Town viz Oostdorp thats West Chester, Rustdorp & Heemstede should remain under their Government, the which iff We agreed to they'd proceed no farther but leave matters so to a farther meeting and provided we all this time should assume no authority over those Towns, but if we could not agree to this, they could not hinder the said Towns included in his Majesties patent to come under their protection and they'd deffend them. We said his Majesty had more discretion then to include the Lands and subjects of their High Mightinesses in his patent. That they prevented its meaning. The patent contained a piece of Land situate in America, in New England, and not in New Netherland, and that Gov: Wintrop declared us to take it in that light, and must be construed as the Boston Patent, where it expressly limitted "Provided these Lands are not in possession of any prince or State." Now its known that Long Island hath many years been possessed by the subjects of their H: Mightinesses; and so the Goverm't of Hartford could pretend no Jurisdiction over their Towns. But all our argument avail'd not. Dining with the Governour & Court after dinner we complained that their Committee insisted on Impossibilities. Desiring that they would give us their answer on our delivered Message & on the kind and neighbourly proposals thereby made. The which they promised to do; it being Saturday afternoon no more business was done. 21d. Supping with the Governour, His Hon. declared again that their patent could comprehend none of the Lands of the States General, we desired his Hon'r to give us such from under his hand, but excused himself, saying such was plain and evident by the patent itself, we said that the Committee construed its meaning quite otherwise, and iff his Ho: would give us his Construction in wrighting it might be usefull, but he persisted by his former excuse, and so parted. 22d. We sent the Marshall for our written answer, but did not come. 23d. Met the Committee, we demanded their written Answer on our proposals & written message. They said they were met to speak with us once more concerning the beforementioned Towns, the more as they had strove to persuade the chiefs of those Townships to remain quiet under our Government till matters should be farther determined but that could not prevail on them, and thus would be best for us not to assume that perrogative to avoid farther troubles. We answered that the Governm't of Hartford were the cause of this meeting. That the people of those Towns often had by their Missions had acknowlegd their submission to their High Mightinesses, but that had drawn them of from their fidelity, the which they <292> OF NEW NETHERLANDS. did not denie, but said it is now so; we'd like it well they would be still, but what can we do, they are included in our patent and crave our protection which we cannot denie them. Much was offered by us against this Conclusion, as that they were not comprehended in their patent, that such comprehended a piece of Land in New England and not in New Netherland. That His Ho: their Governour understood it so: They said their Governor was but a single man. We understand it thus and many more with us, and that our patent not only comprehends that binds Northward on Boston's Line, and Westward on the Sea, except it interferes with another Kings Patent. Asking them where then New Netherland was sittuated, answered in plain terms that they acknowleged no New Netherland, except we produce a Grant therefor from his majesty; We said we stood in need of no Grant from his Majesty. They said they'd agree with us iff we could produce any act or Grant from any prince or their H. Mightinesses where by such parcell of Land was granted us. We valued ourselves on the prevelege and the approbation of their H: Mightinesses on the provisional Treaty about the Limitts at Hartford 1650, they answered the Octroy or privelege was only a prevelege of Trade, and the recited Treaty of Limitts was but provisional &c. Iff you cannot (say they) produce a particular patent for that land it must belong to us; we said that that the Right of their H: M's was indisputable by their first discovery and settling this Country, they said they'd allow us our real possessions, But that we could not hinder them to take what was not possest by us. We alleged that possession of part must be taken for the whole, but in vain. They said we'd no right to hinder them from possessing those Lands not uet possest, included in their patent, as we could not produce a patent from any prince or state; after much more debates pro & con asked them what it was they insisted on since they had as yet made no answer on our reasonable proposals, the which they promised to do after dinner. Goeing to dine before we entered the Room young M'r. Allyn & Willis a magistrate show'd us some proposals in substance, That West Chester with all the Land to Stantford if by us abandoned, and we disclaim any Jurisdiction over the English Towns on Long Island that they then would come to an agreement, But as those proposals was only a Rough Draught, We desird a fair Copy the which was promised us, after meal we insisted that they would be expedient to dispatch us having been here a long time which they promis'd, after some more discours, Those unreasonable proposals in English were brought. 1. That West chester, all the people and lands between that and Stantford shall belong to the Colony of Connetticut, till it <293> OF NEW NETHERLANDS. be otherwise issued. 2d. That Connetticut will forbear exercising any authority over the plantations of Heamstede, Jamacco, &c. until the Case be farther considered, provided the Dutch will forbeare to exercise any coercive power towards any of the English plantations on Long Island untill there be a determination of the Case. 3d It is also agreed that the issue of these Differences shall be by our mutual accord, or by a third person, or persons mutually Chosen by us or by our superiors in Europe, and that the Magistrates now in being on Long Island in those plantations, shall govern those said plantation untill there be an issue of these differences as aforesaid. 4 That all and every person on Long Island shall be wholly indemnified for all passages and Transactions respecting these affairs to this day. That we mutually advise all persons concerned both English and Dutch to cary it peaceably justly and friendly to each other. We having read the above proposals said they were unreasonable and unacceptable by us, and for us unanswerable to agree to. Desired them to desist from their Claim to the Towns on Long Island sittuate in our Government, that we then would treat with them of the other points; but to no purpose, they continued we can not denie those Towns our protection and must defend them against all hostilities. We seeing no prospect of proceeding farther yet to avoid worse Consequences were resolved to fix something certain. We made these following proposals, also in English: Westchester with the Land and people to Stantford shall abide under this Government of Connetticut til the time that the Bounds & limitts between the abovesaid Colony and the Province of the New Netherlands shall be determined here by our mutual accord, or by persons mutually chosen, or by his Royall Majesty of England, and the High and Mighty States General of the United provinces. The Planations of Middleburg, Rustdorp and Heamstede the which are said to revolt and to come under the Colony of Connetticut shall absolutely abide under the Government of New Netherlands till the above said determination, and that the Magistrates for the time being on Long Island in those plantations shall govern those said plantations under ye said Government until there be an Issue of these differances as aforesaid. That all and every person on Long Island shall be wholly indemnified for all passages and Transactions respecting these affairs to this day. That we mutually advise all persons concerned both English and Dutch to carry it peacable justly, and friendly to each other. That both parties in Difference namely Conetticut Colony and the Governour and Councell of New Netherlands shall be engaged to use their utmost endeavours to promote and accomplish the issuing of the above Differences. On our request <294> THE DUTCH RECORDS being admitted in Councell, the above proposals being given in and read, were answered by some, That our proposals avail'd nothing since the Towns above mentioned would not stand under our obedience; others that they knew of no province of New Netherland, but knew of a Dutch Governour over the Dutch plantations on Manhattans-that Long Island laid in their patent & they'd possess it and more such like discourse: On the 1st we answered we were sure they'd stand under our Governm't if that of Hartford did not spurr them up to mutiny. On the 2d that in settling the provisional Limits 1650 they had acknowleged a province of New Netherland. We seing we did not prevail we desired that matters might remain as they are at present till nearer determined by his Majesty and the Sataes Gener'l. They said His Majesties Patent had fixt the Limits, iff we would not agree to their proposal nothing could be done, but if we would subscribe them they then would come to an agreement with us. We Judged such for us to be unanswerable, desired if they had any more to answer on our Message to be expedient we wonted to depart and to report our adventures to our Ho: Governour & Councel of New Netherland: Having required of them to take the matter in their serious Consideration to promote peace untill ye decision at home. The answerd theyd prepare a Letter for us. At evening went for our Letter, and took leave of the Govern'r & Assembly still showing our discontent of our usage. The Letter was brought us by ye Secretary at Even'g. Superscription was: These for the Right Honourab'e Peter Stuyvezand Direct'r Gen'l at the Manades; we told the Bearer being the Secrat'y it should have been Direct'r Gen'l of New Netherland, he said it was in our Choice iff we would take it or not. The 24, 25, & 26 were in our home Journey. Cornelis Van Ruyven, O Stevense Van Cortland, John Lawrense. _ _ _ More in Book I. fo 381. 382.-"The Direct'r Gener'l the Councel and Burger Masters of the City having maturely considered on the unreasonable and arbitrary proceedings of the English at Hartford being by no means to be moved to abate from their Insolent pretensions as appears by the Journalls so of his Ho. The Governour in his adventures to Boston as that of the Commissioners at Hartford; maintaining that the provisional Treaty of Limitts a'o 1650 at Hartford is void whilst his majesty had settled their Limitts and thus West chester and the English Towns on Long Island belong to their township, the which have brought under their Subjection having <295> OF NEW NETHERLANDS. About a 100 of them horse & foot in all ye former mentioned Towns called the Magistrates together, declaring that they were English Subjects, and were to pay no Rates or Taxes to the Dutch, suspended the old magistrates, and sworn new ones in the administration-Our own Weakness, the yet continuing trouble with the Indians, and dreading the Total Ruen of numbers of our farmers & iff we should take any measures of Resistance made us desist, as having no order, or promise of aid of the Ho. West India Comp'y. We therefor thought it best both for the Interest of the Company, as our Distressed farmers, To answer on the proposals of the Governm't of Hartford, Iff by that means the total Desertion of s'd Towns might be prevented, at least untell we have advice from Home. Thus concluded fort Amsterdam the 15 November A'o 1663. P. Stuyvesend, Measurde Sille, J. L. V: der Grast, O: Stevense van Cortland. The Letter was wrote in English as followeth: Right Honorable Sir, and loving Neighbours? Yours of 12/22 October sent by our Intrusted agents I have received unto which I should have sooner returned an answer if my sickness had not hindered, the which is only the Cause that for the present I cannot answer unto the particulars, according unto our desires and your Expectation: Only I was in hopes that between you and our Deputies a favourable and comfortable issue answerable unto both our Superiors in Europe should have been obtained; But Conferring your Honours propositions, and our Intrusted Agents answer, we doubt not that by a nearer meeting either with the Right Honorable Commissioners of the United Collonies, or according to your Honour's motion by our Superiors in Europe, either by a mutual accord by a third person or persons mutually chosen the Diffrence as yet may be ended. These may assure your Honours that we shall be ready to promote allways of peace and Friendship to that effect and shall attend all means for a happy Conclusion of all the Differences that are fallen out between us; and therefor untill that time we shall rest, and acquiese in what your Honor'd Committey, and our Agents had proposed, only that all things Justly and rightly may be understood, we being not so well acquainted with the propriety of the English phrases, especially with the Word Coercive Power, if thereby is understood any violent and Constraintive power, which we never have used over any English or Dutch, we rest and acquiese in your Honor'd proposals, to Witt, That West Chester by us called Oostdorp shall abide under Connetticut Colony until the Limitts shall be determined either by our Superiors in Europe, or by indifferent persons mutually chosen. Your Hon- <296> THE DUTCH RECORDS ours forbearing to exercise any authority over the plantations of Heamstede, Jamacco by us called Rustdorp, and others we shall forbear to use, or to exercise any Coercive power (it being understood as aforesaid) over them, untill there be a determination of the Case, and we are also according to your Hon's motion content That the issue of these differences may be ordered by a mutual accord, or by a third person, or persons mutually chosen by us, or by our Superiors In Europe, and that the Magistrates now in being on Long Island shall continue, untill there be an issue made of the Differances-We also absolutely condesend in the following propositions, and advice of your Hon'rs and our Agents. Your Honours seeing that we (beholding as you were pleased to do in the behalf of his Royall Majesty, his Interest and Claim, the Claim and Interest of our Superiors the High and mighty States Generall of the United Belgicq Provinces, and the Hon'l Lords Bewinthebbers our Lords & patroons) for peace sake and for to avoid further trouble and Bloodshead so fur have condescended in your proposals, we hope and doubt not your Honors according to their real Expression, will not countenance any Irregularity or actings nor give any Encouragement to seditious Spirits, but that you will endeavour to suppress such persons that shall act and do against these proposals, according unto your Hon'd farther advice All persons concerned both English and Dutch to carry it peaceably justly and friendly. We hitherto have attended and shall do so still untill a amicable comfortable for both nations, and concluded, whereunto expecting your Honours favourable Constructions and answer I shall rest Your Honours loving friend & Neighbour. Amsterdam in the New Netherlands this 5 of November 1663. _ _ _ These foregoing recited Coppies & Translations is all that is found in the Books and papers in relation to the Eastern Boundaries of this Province-But find many omitions-The provincial Records before the year 1630, In which no doubt is contained the Indian purchase for Connetticut River, and the Land bordering on it, so often mentioned in debates of 1633. The Book BB ends with 2 Aug 1649, whereas a Letter from the Government of Boston to our Govern'r ye 6d'o and our Governours answer 2 Septem'r following are with about 10 Leafs or more tore out of the Back of the Book. That for the year 1650 which Contains the renowned Treaty of Limitts with N: England so often brought in Evidence in our Disputes is also miss- <297> OF NEW NETHERLANDS. ing, as is those for 1651, 1652, & great part of 1653. The Book for the year 1659 is missing wherein a Letter from Boston Goverm't. to our Govern'r 7 Septem'r And our Governours answer ye 27 October following both 1659, are no doubt contained: Neither is Governour Steyvezands Journal of his proceedings to treat w'th, and meet the Great Court at Boston 1663, to be found. At page 12 the words, saying theyd never allow any other Limits; at page 15 the words, on the provisional Treaty, & at page 17 the word directed are scored. The aforesaid Corrections being made, I do certify the above to be a true Copy, compared with the Record by me ROBT. HARPUR, D. Secr'ty _ _ _ _ _ _ _ _ DEED TO THE DUKE OF YORK. _ _ _ _ _ _ Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith &c &c. To all to whom these presents shall come Greeting, Know Ye that We for divers good causes and Considerations us thereunto moving, have of our especial Grace, certain Knowledge and meer Motion, given and graunted, and by these presents for us our heirs and Successo'rs do give and grant unto our dearest Brother James Duke of Yorke his heirs and assigns all that part of the maine Land of New England begining at a certaine place called or known by the name of St. Croix next adjoyning to New Scotland in America, and from thence extending along the Sea Coast unto a certaine place called Petuaquine or Pemaquid, and so up the River thereof, to the furthest head of the same, as it tendeth Northwards, and extending from thence to the River of Kinebeque, and so upwards by the shortest Course to the River Canada Northwards; and all that Island or Islands commonly called by the several name or names of Matowacks or Long Island situate lying and being towards the West of Cape Cod, and the narrow Higansetts, abutting upon the maine land between the two Rivers there called or knowne by the severall names of Connecticutt and Hudsons River together also with the said River called Hudsons River, and all the Land from the West side of Connecticut River to the East side of Delaware Bay, and also all those severall Is- <298> THE DUTCH RECORDS lands called or knowne by the names of Martin Vineyard and Nantukes otherwise Nantuckett, together with all the Lands, Islands, Soyles, Rivers, Harbo'rs, Mines, Mineralls, Quarryes, Woods, Marshes, Waters, Lakes, Fishings, Hawking, Hunting, & Fowling and all other Royalties, Profits, Commodites, and Hereditam'ts to the said severall Islands, Lands and Premisses belonging and appertaining w'th their and every of their appurtenances, and all our Estate, Right, Title, Interest, Benefit, Advantage, Claime and Demand, of, in, or to the said Lands and p're'misses or any part or parcell thereof; and the Revercon and Revercons, Remainder & Remainder'rs together with the yearly and other the Rents, Revenues and Proffitts of all and singular the said p're'misses and of every part and parcell thereof: To have and to hold all and singular the said Lands, Islands Hereditaments and premises with their and every of their appurtences hereby given and granted, ot herein before mentioned to bee given and granted unto Our said dearest Brother James Duke of Yorke, his Heires and Assignes for ever, to the only proper use and Behoof of the said James Duke of Yorke his heirs and Assignes for ever to bee holden of us our heirs and Successo'rs as of our mannor of East Greenwich in our County of Kent, in free and Common Soccage and not in Capite or by Knight Service, Yeilding and Rendring, and the said James Duke of Yorke doth for himselfe his Heirs and Assignes covenant and promise to yield and render unto us our Heirs and Succeso'rs, of and for the same yearly and every year Forty Beaver Skins, when they shall bee demanded, or within Nynety days after: And we do Further of our especiall Grace certain Knowledge and meer Motion for us our Heirs and Successo'rs give and graunt unto our said dearest Brother, James Duke of Yorke his Heirs, Deputyes, Agents, Commission'rs and assigne by these presents full and absolute power and authority to correct, punish, pardon, govern, and Rule all such the Subjects of us our Heirs and Successor'rs as shall from time to time adventure themselves into any the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same, according to such Laws, orders, ordinances, Direccons and Instruccons as by our said dearest Brother or his Assigns shall bee established; and in defect thereof in Cases of necessity according to the good Direccons of his Deputyes, Commission'rs, officers or assignes respectively as well in all Cases and matters Capitall and Criminall, as civill both Marine and others, so alwayes as the said Statutes, Ordinances and proceedings be not contrary to, but as neare as conveniently may bee agreeable to the Lawes, Statutes and Governm't of this our Realm of England; And saving and reserving to us our Heirs and Successo'rs, <299> OF NEW NETHERLANDS. the receiving, hearing and determining of the appeal and appeals of all or any Pson or Psons of in or belonging to the Territoryes or Islands aforesaid in or touching any Judgm't or Sentence to bee there made or given; and further that it shall and may bee lawfull to and for our said dearest Brother his Heirs and assignes by these Presents from time to time, to nominate, make, constitute, ordaine and confirme by such name or names, Stile or Stiles, as to him or them shall seem good; and likewise to revoke, discharge, change and alter, as well all and singular Govern'rs, officers, and Ministers which hereafter shall bee by him or them thought fit and needful to be made or used within the aforesaid parts and Islands: And also to make, ordaine and establish all manner of Orders, Laws, Direccons, Instructions, Forms and Ceremonies of Governm't and magistracy fit and necessary for and concerning the Governm't of the Territoryes & Islands aforesaid, so always as the same be not contrary to the Lawes and Statutes of this our Realme of England, but as near as may be agreeable thereunto, and the same at all times hereafter to put in Execucon or abrogate revoke or change not onely within the Pcincts of the said Territoryes or Islands but also upon the Seas in going and coming to and from the same, as he or they in their good discretions shall think to be fittest for the good of the Adventurers and Inhabitants; and wee do further of our especial Grace certain Knowledge and meer motion, Graunt, Ordaine and declare that such Gouvnors Officers and ministers as from time to time shall bee authorized and appointed in manner and Forme aforesaid, shall and may have full power and authority to use and exercise Marshall Law in Cases of Rebellion, Insurreccon, and meeting in as large and ample manner as our Lieu'ts in our Countyes within our Realme of England have or ought to have by force of their Commission of Lieutenancy or any law or Statute of this our Realme; And we do further by these presents for us our Heirs and Successors, graunt unto our said dearest Brother James Duke of Yorke his Heirs & Assignes that it shall and may be lawfull to and for the said James Duke of Yorke his Heires and Assignes in his or their discrecons from time to time to admit such and so many Pson and Psons to trade & traffick into and w'th'in the Territoryes and Islands aforesaid and into every or any part and parcell thereof; and to have possess and enjoy any Lands or Hereditam'ts in the Ptes and places aforesaid, as they shall think fit according to the Lawes, orders, Constitutions and ordinances by our said Brother his Heirs. Deputyes, Com'rs, and Assignes from time to time to bee made and established by vertue of and according to the true Intent and meaning of these Psents, and under such Condicons, Reservacons <300> THE DUTCH RECORDS and agreem'ts as our said Brother his Heires and Assignes shall set downe, order direct and appoint, and not otherwise as aforesaid: And wee do further of our especial Grace certaine Knowledge & meer Motion for us our Heirs and Successors give and graunt to our said dear Brother his Heirs and Assigns by these presents, that it shall and may bee lawfull to and for him, them or any of them, at all and every time and times hereafter, out of any of our Realmes or Dominions whatsoever to take, lead, carry, and transport in and into their voyages, for and towards the Plantacon of our Territoryes and Islands all such and so many of our loveing Subjects, or any other Strangers being not prohibited or under restraint, that will become our loving Subjects, and live under our allegiance as shall willingly accompany them in the said Voyages, together with all such Cloathing, Implem'ts Furniture & other things usually transported, and not prohibited, as shall be necessary for the Inhabitants of the said Islands and Territoryes and for their Use and defence therof, and manageing and carrying on the Trade w'th the people there, and in passing and returning to and fro; Yeilding and paying to us our Heirs and Successo'rs the Customes and dutyes thereof due and payable according to the Lawes and Customes of this our Realme: And wee do also for us our heirs and Successors graunt to our said dearest Brother James Duke of Yorke his Heirs or Assignes and to all and every such Govern'r or Govern'rs or other officers or ministers as by our said Brother his Heirs or Assignes shall be appointed, to have power and authority of Governm't and Command in, or over, the Inhabitants of the said Territoryes or Islands, That they and every of them shall and lawfully may from time to time, and at all times hereafter for ever for their several defence & safety encounter repulse repell & resist by force of armes (as well by Sea as by Land) and all wayes and meanes whatsoever, all such Pson and Psons as without the Speciall Licence of our said dear Brother his Heirs or Assignes shall attempt to inhabit within the severall Pcincts and Limitts of our said Territoryes and Islands; and also all and every such Pson and Psons whatsoever as shall enterprise or attempt at any time hereafter the Destruccon, Invasion, Detrim't, or annoyance, to the parts places or Islands aforesaid or any part thereof; And lastly our Will and Pleasure is, and we do hereby declare & graunt, That these our L'res Patents, or the Enrolm't thereof shall be good and effectual in the Law, to all Intents and purposes whatsoever, not w'th"standing the not reciting or menconing of the premisses or any part thereof, or the meets or Bounds thereof, or of any former or other Lres patents or Graunts heretofore made or graunted of the premisses or of any part thereof, by us, or any <301> OF NEW NETHERLANDS. of our Progeinto'rs, unto any other person or Psons whatsoever, Bodyes Politick or corporate, or any act Law or other Restraint incertainty or imperfeccon whatsoever to the Contrary in any wise notwithstanding: Although expresse mencon of the true yearly value or Certainity of the Pmisses, or of any of them, or of any other Guifts or Graunts by us, or by any of our Progeinto'rs or Predecessors heretofore made to the said James Duke of Yorke, in these Psents, is not made; or any statute, act, ordinance, Provision, Proclamation or Restriccon heretofore had, made enacted ordayned or provided, or any other matter, cause of thing whatsoever to the Contrary thereof in any wise notwithstanding. In Witness whereof wee have caused these our Letters to be made patents, Witness our selfe at Westminster the twelveth day of March in Sixteenth year of our Reigne. By the King. HOWARD. True Copy compared with the Record by me ROBT. HARPUR, D. Secr't'y. _ _ _ _ _ _ _ _ THE NEW YORK INDIAN DEED OF 1726. _ _ _ _ _ _ To all People to whom this present Instrument of writing shall come: Whereas the Sachims of the five Nations Did on the 19th day of July one thousand seven hundred & one in a Conferrance held at Albany Between John Nanfan Esq'r late Lieutenant Governor of the province of New York give and render up all their Land where the Beaver hunting is which they won with the Sword then Eighty years ago to Coorachkoo our great King praying that he might be their protector and defender there for which they desired that their Secretary might then draw an Instrument for them to sign and seal that it might be carried to the King as by the minutes thereof now in the Custody of the Secretary for Indian affairs at Albany may more fully and at large appear We Kanakarighton & Thanintsaronwee Sinneke Sachims, Ottsoghkoree, Dekanisoree and Aenjeweeratt Cayougo Sachims, Kachjakadorodow and Sadegeenaghtie Onnondago Sachims of our own accord free and voluntary Will, Do hereby ratify confirm submit and grant and by these present do (for ourselves our heirs and successors and in behalf of the whole nations of Sinnekes, Cayouges, and Onnondaages) Ratify & Confirm submit and grant unto our <302> THE DUTCH RECORDS most Sovereign Lord George by the Grace of God King of Great Britain France and Ireland Defender of the Faith &c his Heirs and Successors for ever all the said Land and Beaver hunting to be protected and defended by his said majesty his heirs and Successors to and for the use of us our Heirs and Successors, and the said three nations and we do also of our own accord free and voluntary Will give, render, submit, and grant and by these presents do for ourselves our Heirs and Successors give render submit and grant unto our said Sovereign Lord King George his Heirs and Successors for ever all that Land lying and being sixty miles distance taken directly from the water into the Country Beginning from a Creek called Canahoque on the Lake Oswego all along the said Lake and all along the narrow passage from the said Lake to the falls of Oniagara called Canaquaraghe and all along the River of Oniagara and all along the Lake Catarackquis to the Creek called Sodorus, belonging to the Sennekes and from Sodorus to the hill called Tegerhunkseroda belonging to the Cayouges and from Tegerhunckseroda to the Creek called Cayhunghage belonging to the Onnondages all the said Land being of the breadth of sixty English miles as aforesaid all the Way from the aforesaid Lakes or Rivers directly into the Country and thereby including all the Castles of the aforesaid three nations with all the Rivers Creeks and Lakes within the said Limits to be protected and defended by his said Majesty his Heirs and Successors for ever to and for our Use our Heirs and Successors and the said three nations. In Testimony whereof we have hereunto set our marks and affixed our Seals in the City of Albany this fourteenth day of September in the thirteenth year of his majesties Reign Anno Domini 1726. The mark of Kanakarighton a Sachim of the Sinnekes. The mark of Kachjakadorodow a Sachem of the Onnondages. The mark of Sadegeenaghtie, a Sachem of Onnondages. The mark of Ottsoghkoree a Sachem of the Cayouges. The mark of Thanintsaronwee a Sachem of the Sinnekes. The mark of Dekanisoree a Sachem of the Cayouges. The mark of Aenjeweeratt a Sachem of the Cayouges. Signed Sealed and Delivered in presence of us Philip Livingston, Peter Van brugh, Myndert Schuyler, Lourence Clausen. True Copy compared with the Record by me ROBT. HARPUR, D. Secr't'y. <303> OF NEW NETHERLANDS. THE ACTION OF THE CONNECTICUT ASSEMBLY, 1683. _ _ _ The General Assembly of the Colony of Connecticut at Hartford the thirteenth day of November in the year of our Lord 1683 did appoint and instruct Robert Treat Esq'r &c to treat with Thomas Dongan Esq'r Governor of the Province of New York concerning the Line between the said Province and the Colony of Connecticut in the words following to witt** a General Court held at Hartford November 14th 1683 by special order of the Governor, The Court being met the Governor informed the Court that he thought it might be necessary seeing Colonel Dongan was entered into the Government of New York that some Gentle men might be appointed to congratulate his safe arrival and entrance into the Government of his Royal Highness his Territories in those parts as also there seemed to be a dissatisfaction taken by the Honourable Colonel Dongan about the settlement of the Line between his majesty's Colony of Connecticut and his Royal Highness's Colony of New York made by his majestys Honourable Commissioners, & desired the Court to consider the same and give their advice what was to be done. The Court having considered the Premisses declared by their unanimous vote that they judged it convenient that a Committee be chosen and impowered by this Court to attend the premises as soon as may be according to such Commission and Instructions as they shall receive from this Court. This Court made Choice of the Governor, Major Nathan Gold, Capt. John Allyn and M'r William Pitkin to attend the Service aforesaid-To the Honour'd Robert Treat Esq'r Governor, Major Nathan Gold, Capt John Allyn Esq'rs Assistants and M'r William Pitkin Gentleman-The General Assembly of his Majesty's Colony of Connecticut at their present Session the 14th day of November 1683 do hereby nominate commissionate and fully impower as also desire you to take your first oppertunity to travel to the City of New York where you are to visit the Honourable Thomas Dongan Esq'r Governor of His Royal Highness the Duke of York his Territories in America and to congratulate his Honours safe arrival to New England and his Highness Territories and to manifest to him this Courts gratefull Resentment of Honours professions by his Letters of his desire to be in good ammity with us and to assure his Honour that we shall study and endeavour as we may by any good ways & means to shew our- <304> OF NEW NETHERLANDS. selves as amicable and serviceable to his Royal Highness and his Honour as we are capable of and to that end we shall endeavour to remove all obstructions and do what is in our Compass to settle and maintain a Good and neighbourly Correspondence with him for our mutual advantages. And also whereas His Honour hath been pleased in his Letters to signify to us that he is not satisfied with the former stated Bounds between this Colony and His Royal Highnesses Territories and hath moved for a Treaty and Settlement of what is or may be matter of Differance between His Highnesses Claims and ours. In that Respect you or any three of you are hereby fully commissionated and impowered to treat with His Honour there about or such as he shall please to appoint and if you shall see just Reason to vary any thing from the former Settlement of the Bounds between his Royal Highnesses Territories and his Majesty's Colony by his Majesty's Commissioners thereunto by his Majesty especially appointed and a Committee from this Colony farther towards the East than was agreed on and hath been since approved by his Majesty you have hereby full power and authority to do and agree therein with the said Governor Dongan or those he shall appoint for a final Issue and settlement according to your best Judgment. Provided that his Majesty and his Royal Highness approve of and confirm the same Instructions. For the Honoured Robert Treat Esquire Governor, the Worshipful Major Nathan Gold and Captain John Allyn Assistants and M'r William Pitkin Gentlemen You are to take by order of this Court our Commission given to yourselves to congratulate the Honourable Coll'o Thomas Dongan Esq'r's Governor of His Highness the Duke of Yorks Territories his safe arrival into these parts and to treat with him as therein mentioned as also and attested Copy of the former settlement of our Westward Bounds by his Majesty's Commissioners with a Copy of Coll'o Nichols Commission impowering him and the other with him thereunto and of the Commissioners of our Committee that concluded with them as also of His Majesty's Gracious Letter wherein the same was confirmed with what other papers you may think necessary and as soon as God gives you oppertunity to go to New York and there to visit the Honourable Governor Thomas Dongan and to salute and congratulate him according to your Commission which you may shew him and deliver him a Copy of it if you see cause-2d As to your treating and concluding with him about settling the Bounds between that Territory and this Colony you shall not exceed his demands of Twenty Miles Eastward from Hudsons River but get him to take up with as little as may be &c. 3d You are to see his power to treat and conclude or if that ap- <305> OF NEW NETHERLANDS. pear not to your satisfaction then you must treat and conclude conditionally and with this proviso that his Majesty and the Dukes Highness shall please to ratify it. 4th As to the Rise of our Liue at Mamaroneck you are to declare there could be no mistake between the Commissioners about that and therefore endeavour to hold that Bound. 5th If you grant any parts of the Land within any of the Townships of this Colony you are to endeavour to reserve those Lands to the Towns propriety tho' as to Jurisdictions they belong to his Highness. 6th You are to endeavour that the former Line concluded on in all places shall take place unless it be where it is nearer Hudsons River than such a Distance as you can agree on. 7th You are to remember all along to make His Honour sensible how firm and legal the former Settlement was, and that our varying from it is to oblige his Honour and promote a perpetual good Correspondence between this his Majesty's Colony and his Royal Highnesses Territories and the Successive Governours of them both True Copy compared with the Record by me. ROBT. HARPUR, D. Secr't'y. _ _ _ A General Court held at Hartford May 8th 1684. This Court havinge heard the Agreement made by the Committee appointed by this Court November last about setlinge of Bounds betweene this Collonye & New York: thaye approved of what was done: and appointed Major Nathan Gold one of the Councell to attend the Searves w'th M'r Jehue Burr and Cap't Jonathan Selleck who are herebye commisonated to attende the searves of layeinge out the Line betweene the sayd province of New Yoark & Connecticott Colonye acordinge to the agreement made the Tweenty eaight of November 35th yeare of his Mag'ts Reigne 1683: at Fort James in New York: & M'r Harriman Surveigho'r with such other Gentlemen as shall be appointed from New Yeork & thaye are to meet at Stamford on the first Wensdaye in Octoba'r next to attend the sayd Searvice: and in case any of those appointed by providence should be disenabled to attende the Searves: The Governour is heare by desired to putt & appoint some suitable person or persons to supplye and attend the searvice in the rome of him or them as shall be disenabled. Signed by order of the Gove'r and General Court P John Allyen Sec'y. This is trew coppye of the originall comparred bye Jonat. Selleck, John Pell. True Copy compared with the Record by me ROBT. HARPUR, D. Secr't'y. 20-VOL. XVIII. <306> THE DUTCH RECORDS THE NEW YORK INDIAN DEED OF 1675. _ _ _ This Indenture made the three and twentith day of September in the twenty seventh yeare of the Reign of our Soveraigne Lord Charles the Second, by the Grace of God of England Scotland France and Ireland King Defender of the Faith &c. and in the yeare of our Lord God one Thousand Six Hundred Seventy five Between Edmond Andros Esq'r Governor and Lieu't under his Royall Highnesse James Duke of Yorke and Albany &c. of all his Territoryes in America; For and on the Behalf of his said Royall Highnesse, on the one part, and Mamarakickan, Auricktan, Sackoquewan, and Nanneckos, on the Behalf of themselves, as the true Sachems, Owners, and lawfull Indyan Proprietors of the Land herein metioned; and of all other Indyans any way concern'd therein on the other part witnesseth; That for and in consideration of a certaine sume of Wampome and divers other Goods which in the Schedule hereunto annext are expres't unto the said Sachems and Indyans in hand paid by the s'd Governor the receipt whereof they the said Sachems and Indyans do hereby acknowledge and to bee fully satisfyed and thereof and every part thereof do for themselves and all others concerned their Heirs and Successors and every of them heerby acquitt and discharge the said Governor and his Successors; Have given graunted, bargained, and sold; and by these presents do fully and absolutely give, graunt, bargain and sell, unto the said Edmond Andros for and on the Behalfe of his said Royall Highnesse afore mentioned; All that Tract of Land lying and being on the West Side of Delaware River beginning at a certain Creeke next to the cold Spring some what above Matinicom Island about Eight or nine Miles below the falls and as far above the said falls as the other is below them, or further that way as may be agreed upon to some remarkable place for the more certaine Bounds; As also all the Islands in Delaware River within the aforementioned Limitts both below and above the falls excepting onely one Island commonly known by the name of Peter Alricks Island; Together with all the Lands, Soyles, Meadows, fresh and Salt meadows, Pastures, Commons, Wood land, Marshes, Rivers, Rivoletts, Streames, Crekes, Waters, Lakes and whatsoever to the said Tract of Land alongst the River <307> OF NEW NETHERLANDS. and behinde into the Woods, or Islands is belonging, or any way appertaining, and all & singular other the premises and appurtenances and every part and parcel thereof without any Reservation of the Herbage or Trees or any other thing growing or being thereupon; To have and to hold the said Tract of Land, Islands and premises so bargained and sold as aforementioned, unto the said Edmond Andros Governor and his Successors for and on the behalf of his Royal Highness his Heirs & assigns, unto the proper use and behoof of his said Royal Highnesse his Heirs & assigns for ever. And the said Sachems and Indyans for themselves and all others concerned their Heirs & Successors do covenant to and with the said Governor and his Successors for and on the Behalfe afores'd, in manner and forme following, that is to say, That they the said Sachems now are the very true sole and lawfull Indyan Owners of the said Tract of Land Islands and all and singular the premisses as being derived to them by their Ancestors: And that now at the Ensealing and Delivery of these presents they are lawfully seized thereof to the use of themselves their Heirs and Assigns for ever according to the use & Custome of the rest of the native Indyans of the Country. And further that the s'd Tract of Land Islands and premisses now is and at the time of the Executing the said Estate to be made as afores'd shall bee & from time to time and at all times hereafter shall and may stand remaine and continue unto the said Governor and his Successors to the Use of his Royal Highnesses as afores'd freely and clearly discharged and acquitted from all and every former Bargaines Sales Gifts Graunts and Incumbrances whatsoever. And furthermore the s'd Sachems for themselves and all others concerned, their heirs and Successors do Covenant, that the said Governor, his Successors and Assigns for and on the Behalfe of his Royall Highnesse as aforesaid shall and may from henceforth and for ever lawfully peaceably and quietly have hold possess and enjoy the premisses, and all the s'd Tract of Land and Islands with the appurtenances without any lett, resistance disturbance or interruption of the said Sachems and Indyans, or any others concerned, their Heirs and Successors, and without any manner of lawfull lett hinderance molestation or interruption of any other person or persons whatsoever Clayming by from or under them or any of them; And it is likewise lastly covenanted and agreed, that the said Sachems and Indyans and the rest of the Indyans concerned shall give peaceable and quiett possession of the said Tract of Land Islands and Premisses, or some part thereof for the whole unto such person or persons as by the said Governor or his Successors shall be appointed to receive the same when soever it shall be <308> THE DUTCH RECORDS demanded. In Witnesse whereof the partyes to these present Indentures have Interchangeably sett to their Hands and seales the day and year first above written. The marke of Sackoquenam. The Marke of Mamarakicken a Sachem. The marke of Auricktan a Sachem. The marke of Nanneckos. The payment agreed upon for the purchase of the Tract of Land on the West side of Delaware River & the Islands in the said River near the Falls according to the Deed herewith given and convey'd this 23th day of September 1675 unto the Governor of these his Royall Highnesse Territoryes by the Indyan Sachems and Proprietors to the Use therein Specifyde, is as followeth viz't. Sixty fathom of Wampom Six coates of'Duffles, Six Blancketts, Six Coates of Douzens Six Shirts, Halfe an ancker of Powder, Forty Barrs of Lead, Six Guns, Six Kettles, Thirty axes, Fifty Knives, Two anckers of Rum, Fifty Looking Glasses, Fifty Combs, Thirty Howes, Twenty paire of Stockings, Ten paire of Shooes, One hundred Tobacco pipes, One pound of paint, One hundred Awles, One hundred Jewes Harpes. Signed Sealed and delivered in the presence of William Osbourne, Luke Watson, Christopher Beresford, Hen: Clarke, Rudsych Shyplen, Gd's Canhboll, Utzomes Lanwenr, John Colier, J Gampam, Matthias Nicolls, G Sylvester Thoslshton. True Copy compared with the Record, by me ROBT. HARPUR, D. Secr't'y _ _ _ _ _ _ _ _ ARTICLES OF SURRENDER TO THE ENGLISH. _ _ _ These Articles following were consented to by the Persons hereunder subscribed at the Governors Bowry August 27th Old stile, 1664. Wee consent that ye States Gen'alls or the West India Company shall freely enjoy all ffarmes and Houses (except such as are in the fforts) and that within six Monethes, they shall have free liberty, to transport all such Armes and Ammunition as now doe belong to them, or else they shall be paid for them. All Publique Houses, shall continue for the use which now they are for. <309> OF NEW NETHERLANDS. All people shall still continue free Denizens and enjoy their Lands, Houses, Goods, Shipps, wheresoever they are within this Country and Dispose of them as they please. If any Inhabitant have a minde to remove himself he shall have a Yeare and Six weeks from this Day to remove himselfe, Wife, Children, Servants, Goods, and to dispose of his Lands here. If any Officer of State or Publique Minister of State have a minde to go for England, they shall be transported fraught free in his Maj's ffriggotts, when these ffriggotts shall returne thither. It is consented to that any people may freely come from the Netherlands, and plant in this Country, and that Dutch Vessells may freely come Hither and any of the Dutch may freely return home, or send any sort of Marchandize home in Vessells of their own Country. All Shipps from the Netherlands or any other place and Goods therein shall be Received here and sent home after the manner w'ch formerly they were, before our coming hither for six Monethes next ensuing. The Dutch here shall enjoy the Liberty of their Consciences in Devine Worship, and Church Descipline. No Dutchman here or Dutch shipp here shall upon any occasion be prest to serve in Warr against any Nation whatsoever. That the Townesmen of the Manhatoes shall not have any solders quartered upon them without being satisfied and paid for them by their Officers, and that at this present if the ffort be not capable of lodging all the Soldiers there the Burgomaster by his Officers shall appoint some homes capable to receive them. The Dutch here shall Enjoy their own Customes concerning their Inheritances. All publique Writings and Records w'ch conserne ye Inheritances of any people or the reglem't of the Church or poore or Orphans, shall be carefully kept by those in whose hands now they are, and such writings as particularly conserne ye States Gen'all may at any time be sent to them. No Judgm't that hath passed any Judicature here shall be called in question but if any conceive that he hath not had Justice done him if he apply himselfe to the States Gen'all the other party shall be bound to Answer for his supposed injury. If any Dutch living here shall at any time desire to traval or Traffique into England or any place or plantation in Obedience to his Maj'tie of England or w'th the Indians he shall have (upon his request to the Governor) a Certificate that he is a ffree Denezen of this place and liberty to doe soe. <310> THE DUTCH RECORDS If it doe appeare that there is a publique Engagem't of Debt by the Towne of the Manhatoes, and away agreed on for the Satisfying of that Engagem't. it is Agreed that the same way proposed shall goe on and that ye Engagem't shall be satisfied. All inferior civil Officers and Magistrates shall continue as now they are (if they please) till the Customary time of New Eleccon, 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. All differences of Contracts and Bargains made before this Day by any in this Country, shall be determined according to the manner of the Dutch. If it do appeare that the West India Company of Amsterdam do really owe any sums of money To any persons here it is agreed that Recognicon and other dutyes payable by Shipps going for the Netherlands be continued for six Monthes longer. The Officers Military and Soldiers shall March out with their Armes Drums beating and Colours flying and lighted Matches and if any of them will plant, they shall have 50 Acres of land set out for them, if any of them will serve any as Servants, they shall continue with all Safety and become free Denizens afterwards. If at any time hereafter the King of Great Britaine and the States of the Netherland doe Agree that this place and Country be redilivered into the Hands of the said States whensoever his Maj'es will send his Commands to redeliver it, it shall immediately be done. That the Towne of Manhatoes shall choose Deputyes and those Deputyes shall have free Voyces in all publique affairs as much as any other Deputyes. Those who have any propertye in any Houses in the ffort of Aurania shall (if they please) slight the fortifications there, and then enjoy all their Houses as all people doe where there is no ffort. If there be any Souldiers that will goe into Holland and if the Company of West India in Amsterdam or any private Psons here will Transport Them into Holand then they shall have a safe passport from Coll. Richard Nicolls Deputy Governor under his Royall Highnesse and the other Com'rs to defend the Ships that shall Transport such Souldiers and all the Goods in them from any Surprigall, as Acts of Hostility to be done by any of his Maj'ies Shipps or Subjects; That the Copies of the Kings Grant to his Royal Highness and the Copie of his Royall Highness his Com'm'isscon to Coll: Richard Nicholls testified by two Com'mrs. made and M'r Winthrop to be true Copies, shall be delivered to the Hon'ble M'r <311> OF NEW NETHERLANDS. Stuyvisant the present Governor, on Munday next by eight of ye Clock in ye morning at the old Milne, & these Articles consented to and Signed by Coll Richard Nicolls. Dep: Governo'er to his Royall Highness and that within two Hours after, the ffort and Towne called New Amsterdam upon the Isle of Manhatoes, shall be delivered into the Hands of the said Coll: Rich: Nicolls by the service of such as shall be by him thereunto deputed by his Hand and seale. John Dedecher, Robert Carr, Nich: Vanleett, Geo Cartwright, Sam: Megapolensis, John Winthrop, Cornelies Steenwick, Sam: Willys, Olffe Stevenson Kortlant, Thomas Clarke, James Caussean, John Pinchon. I Doe consent to these Articles RICHARD NICOLLS The Governo're Gena'ell and Counsell of the New Netherlands make knowne by this, to prevent the effusion of blood, plunderings Murders, and for the good of the Inhabitants, we are moved by the Summons made by the Honor'le Lord Richard Nicolls; Gen'all of his Maj'ie of England being Come with his Men of Warr and Soldiers before this Port, promising freely (by his owne proposition made) to redeliver the ffort and City of Amsterdam in New Netherlands, in Case the difference of the Limitts of the province be agreed upon betwixt his Maj'y of England and the High and Mighty States Gena'll likewise upon other equall and Answerable Conditions to surrendeer and deliver, and have Committed and do committ by this; John D'e Decher Counsellor of State Cap Nicholas Vanleett Commissary Conserning matters of Traffique Sam'll Megapolensis Doctor of Physick, Cornelius Steenwick Burgomaster Oloffe Stevenswan Cortlandt old Burgomaster and James Caussean old sherriffe of this City, To agree w'th the aforesaid Lord Gen'all Richard Nicolls or his Deputyes upon further Articles by these open L'res promising that we will faithfully fullfill Whatsoever shall by our forewarned Com'rs conserning the businesses he promised and agreed upon. In testimony of this Its confirm'd by our Seale in the ffort of Amsterdam in New Netherlands the 5th of September new stile 1664 P. STUYVESANT. By his Order CONELIUS VAN RUYVEN Sec'r. To all people Health, These are to Certifie that wee the Governor Gen'all and Counsell of the New Netherlands do consent to the Articles of the 6th instant agreed upon by the Comm'rs appointed by us, Vizt, M'r John De Decher Counsellor Cap's Nicholas Vanleet Commissary concerning matters of Traffique M'r Samuell Megapolensis Doctor of Physick M'r Cornel's Steenwick Burgomaster Oloffe Stevens Van Kortlant old bur- <312> THE DUTCH RECORDS gomaster and M'r James Caussean Old Sheriffe of our parts And the Commissioners appointed by the Hon'ble Colonell Richard Nicoll, Commander in Chief of his Maj. of England's ffriggotts and fforces now beseiging this Towne and Garrison, that is to say S'r Rob't Carr Kn't Geo: Cartwright John Winthrop, Sam: Willys, Thomas Clark, J'r, John Pinchon on the other part and we have hereby Testified and Confirmed them, and do Acknowledge this to be our Act and Deed and shall do all things herein contained. Dated at the ffort of Amsterdam in New Nether- Septemb'r 8th 1664. P. STUYVESANT. I Certifie the same CORNELIUS VAN RUYVEN Sec'y. At page 36 the word publique, at page 37 the words and that at, at page 38 the word him, page 39 the word Amsterdam, at page 42 the word Businesses, and page 43, the words and shall do all things therein contained dated, are interlined. The above Corrections being made I do certify the aforegoing, included between the pages 36 and 43, to be a true Copy compared with the Record by me. ROBT. HARPUR, D. Secr't'y. ARTICLES OF AGREEMENT BETWEEN NEW YORK AND CONNECTICUT. _ _ _ Articles of Agreement Concluded November the twenty eighth 1683 Between the Right Hono'r'able Tho: Dongan Governor under his R'll High's James Duke of York Albany &c of New York & its Dependencies, and the Councel, And Robert Trait Esq'r Governor of Connecticut Major Nathan Gold Cap't John Allen Secretary &c M'r William Pitkin in Commission with him. It is agreed that the bounds mean or Dividend between his Royal Highness's territories or province in America and the Colony of Connecticut forever hereafter shall begin at a certain brook or River call'd Byram brook River which River is between the Towns of Rye & Greenwych that is to say at the mouth of the said Brook where it falleth into the sound at a point call'd Lyons point which is the Eastward point of Byram River and from the said point to goe as the s'd River runneth to the place where the Common road or wadeing place over the said River is, and from the said Road or wading place to go North North west into the Country so far as will be Eight English Miles from the afors'd Lyons point and that a Line of twelve Miles being measured from the said Lyons point according to the line or Generall course of the Sound Eastward where the <313> OF NEW NETHERLANDS. said twelve miles endeth another line shall be runn from the sound eight Miles into the Country North North West and also that a fourth line be run that is to say from the Northmost end of the line first mentioned unto the Northmost end of the Eight mile line being the third mentioned line which fourth line with the last mentioned line shall be the bounds which they shall fall to runn, and that from the Eastward end of the fourth mentioned line (which is to be twelve miles in length) a line parallell to Hudsons River in every place twenty Miles distant from Hudsons River shall be the bounds then between the said Territory or Province of New Yorke and the said Colony of Connecticut so far as Connecticut Colony doth extend Northwards that is to the South line of the Massachusets Colony. Only it is provided that in Case the line from Byrams Brooks mouth North North-west eight Miles and the line that is known to runn twelve Miles to the end of the third forementioned line of Eight Miles do diminish or take away any land within twenty Miles of Hudsons River, that there is so much is in land diminished of twenty miles from Hudsons River thereby shall be added out of Connecticut bounds unto the line aforementioned parallell to Hudsons River and twenty miles distant from it the addition to be made the whole length of the said parallell line and in such breadth as will make up quantity for quantity what shall be diminished as aforesaid. That what Arrarages are due from the Town of Rye to the Colony of Connecticut for former Years and the present Years rate shall be paid to Connecticut. That two Surveyors be appointed the one from New York and the other from Connecticut to make a Survey &c Run the beforementioned lines, partitions Limitts &c bounds between His R'll Highs's Province of New York and the Colony of Connecticut and the Surveyors are to meet at the Town of Standford on the first Wednesday of October next ensuing and to be directed by one of the Council and two More Commissionated from each Governm't. That if it shall please the Kings Maj'y and His Royall Highness to accept and Conform these Articles they shall be good to all intents for ever between his Royall Highness and his heirs & Assyness & the Corporation of Connecticut & their Successors. And this Agreement to be in full force power and Virtue from the Day of the Date hereof. In Witnesse whereof the parties abovementioned have to these presents Interchangibly set their Hands and Seals at ffort James in New Yorke the twenty eighth Day of November in the 35th Year of his Maj'tys Reign Annoq: Dom. 1683. -Rob't Treat [seal] Nathan Gold [seal] <314> THE DUTCH RECORDS John Allyn [seal] William Pitkin [seal]. Syned Sealed & Delivered in the presence of John Spragg Secr'y Matthias Nicolls, Geo Brearton. At page 44 the words and from the said Road or Wading place to go, and the word Miles, also at page 45 the Words which fourth Line with the first mentioned Line are interlined. The above Corrections being made, I do certify the aforegoing included between the pages 44 and 46 to be a true Copy compared with the Record by me. ROBT. HARPUR, D..Secr't'y. _ _ _ At A Council held at Fort William Henry the 18th of Jan'ry 169 _ Present His Exc'y Ben: Fletcher [Ed. Note: all listed as Esqr.] Fred : Philips Chid Brooke Steph Cortland Will Nicolls Nich Bayard Will Pinhorne Gab Monveille Caleb Heathcote His Exc'y did acquaint the Council that he had sent the forgoing day in writeing to the neighbouring Colonies for Assistance and though there is no Encouragement from Connecticut to expect any yet Counted it a duty to give them the intelligence and leave it their door. _ _ _ At a Council held at Fort William Henry the 10th Day of August 1695 Present His Exc'y Benjamin Fletcher, &c [Ed. Note: all listed as Esqr.] Steph Cortland Peter Schuyler Nich Bayard Caleb Heathcote Will'm Nicolls His Exc'y did acquaint the Council that he had an account from Albany last night that the French were endeavouring with all the Force they can spare to resettle Cadaraqui and the Indians call for our assistance which is the reason of His Exc'ys calling the Councel Together this Day to hear their opinion. It is the opinion of the Councel that as many forces as can be spared from the Companys upon the Frontiers be ordered to march towards the Assistance of the Indians so that the Garrison be not exposed to apparent Danger and that they must be supplyed with things necessary for such a March. Resolved it is for his Mati'ys service that Maj'r Peter Schuyler <315> OF NEW NETHERLANDS. forthwith go to Albany and lead those men that are to be detached from his own and the other Company with such of the people of the Country as are willing to march unto the Castles of the Mohaques to show the Readynesse of this Government to their Assistance and acquaint the Indians the reason of their not coming sooner is want of earlier intelligence. His Exc'y did likewise acquaint the Council he hath received a letter from Connecticut whereby they seem to deny the giving of any assistance to this Provance notwithstanding the Royal Commands they acknowledged to have received & his Exc'ys application to them and expect that if they send any men their Government shall defray their charge. It is the opinion of the Council that his Exc'y do write to them once more and Give them account that their is Intellegence the French are endeavouring to Resettle Cadaraqui. _ _ _ At a council held at Fort William Henry the 2d of December 1695 Present His Excellency Benjamin Fletcher &c Steph Cortlandt Nich Bayard [all] Esqr's Caleb Heathcote His Exc'y did acquaint the Council that he has rec'd intilligence from the Leut Govern'r of New England that there is a design against Albany by 1500 men from Canida. It is the opinion of the Council there is now no possibility of transporting men up the River from hence and they advise his Exc'y to make applicacon to Connecticutt for their quota to march forthwith to Albany it being possible for them to drive their provision along with them. _ _ _ At a Councel held at Fort William Henry the 14th of Decem'r 1695. Present His Excell'y Benjamin Fletcher &c [Ed. Note: all listed as Esqr.] Fred Philips William Pinhorn Nich Bayard Caleb Heathcote His Excell'y did communicate the Answer of Govern'r Treate from Connecticutt whereby he promisith endeavours and disires assistance from this Province of provison & ammunicon for the quota. The Council are of opinion they ought to find <316> THE DUTCH RECORDS provision for their quota and that it can more easily be performed by them than from hence. That they have so often falsifyed it cannot be believed they intend us assistance. His Excell'y did offer that notwithstanding the unreasonablesness of their Demand he is willing to supply them with ammunition out the Kings stores. _ _ _ At a Council held at His Maj'y Fort in New York the 20th of Aprill 1696. Present His Excell'y Ben. Fletcher &c [Ed. Note: all listed as Esqr.] Steph Cortlandt Will Pinhorn Nich Bayard Caleb Heathcote His Excell'y did communicate to the Council his letter to Connecticut wherein he desires them to contribute Sixty men for the recruiting the Companys at Albany for One Yeare promissing them Arms Amunition pay and £3 advance to each man which was approved. _ _ _ At a Councel held at his Maj's Fort in New Yorke the 26th Day of May 1696. Present His Excell'y Ben: Fletcher & [Ed. Note: all listed as Esqr.] Fred Philips Gab Monveille Steph Cortlandt John Laurence Nich Bayard Caleb Heathcote His Excell'y did communicate a letter from the Govern'r & Gen'l Assembly of Connecticut whereby they evade giving any complyance to his Excell'ys last applicacon for Recruits. The Councel are of opinion that nothing is to be expected from them but Shuffling & Evasions. Ordered the Clerk of the Council do write an answer to it. _ _ _ At a Council held at the Council Chamber in the City of New Yorke the thirtieth day of June 1746. Present His Excellency the Hono'ble George Clinton M'r Livingston M'r Courtlandt M'r Moore M'r Kennedy M'r Harmanden M'r Bayard His Excellency communicated to the Board a Letter from Governor Laws of Connecticut Advising among other things, That he had proposed to the Assembly of his Government to bear a part of the Expence In hiring the Six Nations, Who <317> OF NEW NETHERLANDS. were of Opinion that was unreasonable to expect it from them as those Indians are in the Government of New Yorke and the Forces on the Expedition are to go by Water. At page 48 the words be spared from the Companys upon the Frontiers be ordered to are interlined. The above Correction being made I do certify the aforegoing included between the pages 47 and 52 to be a true Copy compared with the Record by me. ROBT. HARPUR, D. Secr't'y. _ _ _ The People of the State of New York, by the Grace of God Free and Independent-To all to whom these presents shall come send Greeting: Know Ye that we having inspected certain records remaining in our Secretary's office of our said State do find there certain writings in the Words and Figures contained in the Book of Schedule hereunto annexed, from page 1 to page 52 (except the Certificates of Robert Harpur Esquire Deputy Secretary of our said State subscribed to the said papers respectively, and except also the Notes of Referrence in the margin designating the Books pages and files from which the said Copies were taken) All which we have caused to be exemplified by these presents. In Testimony Whereof we have caused these our Letters to be made Patent, and the Great Seal of our said State to be hereunto affixed. Witness our trusty and well beloved George Clinton Esquire Governor of our said State General and Commander in chief of all the Militia and Admiral of the Navy of the Same At Poughkeepsie the Sixteenth day of October one thousand seven hundred and eighty two, and of our Independence the Seventh. GEO : CLINTON Passed the Secretary's Office October 16th 1782, ROBT. HARPUR, D. Secr't'y. _ _ _ _ _ _ _ _ APPROVAL OF THE TREATY OF HARTFORD. _ _ _ [L S] WEVERSDYCK. Manifestation of the approbation of the herein Contained Treaty concluded at Hertford Touching the Limitts between New Netherlands and New England &c. <318> THE DUTCH RECORDS The States General of the United Netherlands, To all to whom these presence shall come or in any wise appear Greeting make known Whereas unto us was delivered for the Directors of the Pattented West India Company at the Chamber of Amsterdam the Extract out of the Articles of agreement made and Concluded at Hertford sittuate in Conetticot the nineteenth September 1650. As well Toutching the Partition of Limitts between New Netherland and New England as otherwise hereafter at large inserted. Extract out of the Articles of Agreement made and concluded at Hertford situate in Conetticot the 19 September 1650 Between the Arbiters of the Hon'bl Commissioners of the United English Collonies and Petro Stuyvesand Director Gen or Governour of New Netherland. Concerning the Partition or Setling the Limitts Between the United English Collonies and the Dutch Province of New Netherland we agree & conclude as follows: That from the Westermost part of Oyster bay a Line be run in a direct Course of the Sea Shore, and that such shall be Partition Line of Limitts between the Dutch & English on Long Island, The Easterly part for the English and the Westerly part for the Dutch. The Limitts on the Main shall take their Beginning on the West Side of Greenwich Bay being about four miles from Stanford and so to run on a northerly Cours Twenty miles, Provided the s'd Line doth not come within Ten miles to the North River, Conformable as it shall be fixed by the two Governours, that of the Dutch, and of New Haven. It is also aggreed that the Dutch shall not build any houses after this within six miles from those Limitts. The Inhabitants of Greenwich to remain under the Dutch Government to farther order & Consideration. That the Dutch shall hold and possess the Lands at Hertford now in their actual possession by several marks distinguished & Seperated from the other Lands, and all the other Lands on both sides of the fresh River to be and remain belonging to the English. It is also aggreed that the aforesaid partition of Limitts both on the Island and on the Main shall unmolested be punctually observed both by the English United Collonies and of the Dutch Nation untill such time the matter be settled & finally Concluded in Europe by mutual Consent of both parties, of the Powers of England & Holland. As Concerning Fugitives.-It is aggreed that the same method subsisting or in Use between the English United Collonies and the Dutch nation in those parts of New Netherland according to the Eight article, then fixed, be duely observed? <319> OF NEW NETHERLANDS. Concerning the Proposal of a farther & more close Union and friendship between the English & the Dutch Nation in those parts especially against the Common Enemy, We deem it Material & need full to take such into serious Consideration by the United Collonies, and also that it may be strongly Recommended to them on their next annual Meeting of the Commissioners. And in Testimony of our United approbation of the Recited several Conclusions We have subscribed to these with our own Hands this Nineteenth September 1650. Under stood, Symon Broadstreet, Thomas Prence, Thomas Willet, George Baxter. Thus it is that We on Matture Deliberation on the Articles & the Recited Extracts have approved and Rattified, as we do by these prescents approve and Rattifie the same, Require & order hereby farther That the Contents & form thereof shall be vallid, and by every one under our Obedience, who it may any wise concerne, be obeyed, and that they square their Conduct accordingly, without acting or Suffering to be acted Contrary thereto on pain of our Highest Displeasure as we deem such needfull for the Benefit of the Province. Given & Executed in the Hague under Great Seal, & Hand & Seal of our Secretary ye 22 februa 1656. After neatly Comparing these are found to aggree with of Proceedings in the Secretary Office of their High Mightinesses. H. FAGEL. True Copy of the Record, examined by me ROBT. HARPUR, D. Secr't'y. _ _ _ _ _ _ _ _ PATENT FOR THE WEST INDIA COMPANY. _ _ _ [L S.] WEVERSDYCK. Pattent for the West India Compagnie. The States General of the United Netherlands, Too all to whom these Presents shall come, be seen, or heared to be read, Greeting, make known, that as we in the year 1621 for sundry Causes & Considerations us thereunto moving have found meet to Raise Erect & Form in our Dominions a Society called the West India Company in order thereby & with the Exclusion of others to cause Trade & Navigation to prevail on the Lands & Coasts of Affrica, from the Tropick of Cancer to Cape the <320> THE DUTCH RECORDS Good Hope, and the Lands of America or West India, beginning from the South End of New found land or Terre Nova through the Streights of Maggelanes and Lemaire, or other passages & streights thereabouts situated, to the Streights of Anjan so on the North as the South Seas, and all the Islands on the one or other side situated or between them also Reaching to the Southern Lands sittuate between the Two Meridians Reaching to the East Cape the Good Hope, And on the West the East End of Nova Guenea Included. We Grant by the Second Article of our Grant or Octrooy on the Third day of June 1621 under our Great Seal given to them and farther expressed that they the said may in our Name and authority within the Limetts aforesaid may make Contracts & Alliances with Princes & the Natives of the Lands therein Comprehended. Moreover to build fortresses & places of Security, Appoint Governours, People & officers of War & to execute Justice, to the maintaining & keeping good Decorum for their own safety & to keep a due Course of Government to promote Trade & Commers-To nominate depose and again appoint others, and in particular that they promote Encrease & to people the Country in those Wild Deserts and the aforesaid Comp'y by Virtue of our sincere Intentions and by virtue of our Grant having began to settle in New Netherland on the Coasts of North America, notwithstanding some ill affected persons to our State & Comp'y have have wrongfully cast their Aspersions, as if we had only granted to the Comp'y Liberty to Trade only, and not also to people the Country, and to posses & inhabit the Lands for that End Disputing the Right of said Compagny. Be it therefore Known unto all whom it may Concerne that our Intention in the above Recited Grant, and Real meaning was no other, nor is yet but that the said Compagny Conformable thereto and by virtue thereof is Impowered & has a Right to plant Collonies and to people the Country on all such Lands as are not occupied by others, as far as the Limetts above Recited Extend, and particular that they reserve to themselves (by vertue of the before Recited Grant and by Discovering & occupying the Fresh River and other parts more Easterly on in New Netherland situate & extending to Cape Cod, and from Cape Henloopen, and fifteen miles more South) a Right to settle as it is provisionaly Limmetted between the King of Great Brittain and us, to adjust as above, by virtue of our Grant Their Limetts conformable the Provisional Treaty of Limetts between the two powers in the year 1650, fixed in America, Approved & Rattified by us 22 february 1656, In manner following: that is on the Main from the West side of Greenwhich bay being about four Miles from Stanfort, and thus to <321> OF NEW NETHERLANDS. run into the Land on a Northerly Course Twenty miles, Provided such Line does not come within Ten Miles from the North River. And farther on Long Island from the Westermost part of Oyster Bay on a direct South Line to the Sea. Remaining provisional & Conformable to Treaty aforesaid the Eastren part of the said Island for the English, and the Westermost for the Dutch, to the West India Comp'y before mentioned, And the Inhabitants of those parts of New Netherlands. Wherefore we require & desire all Emperours, Kings, Republicks, Princes, & Governours friends & allies of this State or Regency, or those that observe a Neuteralety with them That they may not interrupt the abovementioned Comp'y but leave them at Quiet & unmolested in their peaceable possession, they will lay us under obligation to Retaliate the same to their Neighbours: Hereby charging & expressly Commanding all and every one in our Service and under our Laws & Government, particular the Inhabitants of the aforesaid Limetts, to behave & Regulate their Conduct percisely Conformable to this Treaty, without acting or suffer others to act Contrary thereto on forfeiture of our protection, and to merret our Just Indignation and to be punnished with severity as Disturbers of the Peace and Disobedient Members will be adequate to their Crimes'dated in the Hague under our Great Seal Signed and Sealed by our Secretary on the 23 January 1664. These neatly Compared aggrees with the Book of Acts & Proceedings Lodged in the Secretary Office of their High Mightinesses. H. FAGEL. True Copy of the Record, examined by me ROBT. HARPUR, D. Secr't'y. _ _ _ The people of the State of New York, By the Grace of God, Free and Independent, To all to whom these presents shall come send Greeting. Know ye that we having inspected certain Records remaining in our Secretary's office of our said State do find there certain Writings in the Words and figures contained in the Book or Schedule hereunto annexed from page 1 to page 6 inclusive; (except the Certificates of Robert Harpur Esquire Deputy Secretary of our said State subscribed to me said papers respectively) all which we have caused to be Exemplified by these Presents: In testimony whereof we have Caused these our Letters to be made Patent and the Great Seal of our said State to be hereunto affixed: Witness our 21-VOL. XVIII. <322> THE DUTCH RECORDS Trusty and Wellbeloved George Clinton Esquire Governor of our said State General and Commander in Chief of all the Militia and Admiral of the Navy of the same: At Poughkeepsie the Seventh day of November in the Year of our Lord one thousand seven hundred and eighty two, and of our Independence the Seventh. Passed the Secretary's office 7th Novem'r 1782. ROBT. HARPUR, D. Secr't'y.