1659-1663

On the 7th of July, 1659, the Commissioners of the United New England Colonies sent a letter to  Governor Stuyvesant, from Hartford, saying, they presume he has heard from the Dutch of "Fort of  Orania," that some New England people had been lately seeking "some meet place for plantation  within the bounds" of Massachusetts colony, "which is from the latitude of 42 degrees and 30  minutes; and so northerly extends itself from east to west in longitude through the main land of  America, from the Atlantic ocean to the south or west sea."

Massachusetts had granted liberty to "erect a plantation in those parts," and intended "to effect the same." The commissioners  therefore desire liberty for these planters (as they would not entrench on Dutch rights) to pass up Hudson river by the Dutch forts and towns, paying moderate duties. This the commissioners think a reasonable request, and that a denial would interrupt neighborly and amicable correspondence. They say they conceive that the agreement made at Hartford, "that the English should not come within ten miles of Hudson's river, does prejudice the right of Massachusetts in the upland country, nor give any right to the Dutch there;" that treaty only, they say, intending the settlement between New Netherlands and Connecticut, and not concerning Massachusetts in any way.

I find no immediate answer to these pretensions. But Bancroft says, in his history, that Connecticut, in 1662, "regardless of the provisional treaty, claimed West Chester, and was advancing towards the Hudson; and that Stuyvesant repaired to Boston and entered his complaints." And I find * that on July 9th, he complained before the commissioners that the English colonies did not observe the treaty made at Harford in 1650, and requested to know if the Commissioners accounted the said treaty as remaining in force. John Winthrop and John Endicott, Commissioners for Connecticut, craved the United Commissioners not to decide immediately; but the Commissioners "saving the right of Connecticut by their charter," do account the agreement of 1760 to be binding. Still Connecticut maintained its claim, and so did Massachusetts. "Where then is New Netherlands?" say the Dutch. "We do not know," reply the English.+

In 1657, Oyster bay and Huntington were by permission of the Commissioners, received into the jurisdiction of New Haven. In 1660, liberty was granted by the Commissioners of the United Colonies for the jurisdiction of Connecticut to take Huntington and Santanket into her government.

The Commissioners of the United New England Colonies having advised that the claims of the Dutch and of Connecticut should be deferred until 1664, and then brought before the court or Congress for judgment. Governor Stuyvesant replied, on the 21st of September, 1663, that he wished a friendly and neighborly settlement of differences concerning "East Dorfe, by the English called
West Chester." and all other disputes, "that the parties may live in peace in the wilderness where so many barbarous Indians dwell." He requests of the commissioners a categorical answer, whether the treaty of Hartford, made in 1650, remains "firm and binding," and whether the patent of Hartford, newly obtained, shall extend westward. He says the answer already given is not so decisive as he expected. He is willing to abide by the treaty of Hartford, if the rights of the United Netherlands and the Dutch West India Company are held sacred. He declines the proposition of deferring the decision until 1664, but is willing, for the prevention of strife, to submit the question to impartial arbitration. This letter is dated at Boston.

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*Hazard, vol. 2. p. 479
+ See Albany Records, 16th vol. p. 292, and Bancroft, vol. 1.
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On the 23d he writes again, hoping, that "in consideration of the happy good understanding between Holland and England, the matter of limits, "which he had come to Boston for the purpose of finally adjusting, "might be settled." But he found the demands of the commissioners no way answerable to the rights of his superiors. He therefore again urged the referring the matter to
the two European governments. He desired to know whether there might not be such correspondence in America, with the goods and growth "of this poor country," as is admitted in Europe, and union against danger from Indians. In reply the commissioners say that their demand, in respects of limits, is less than their patent authorizes; that they cannot act, in respect to trade, but
according to act of Parliament, and that as to confederacy respecting the Indians, it shall be presented to the General Court. The Commissioners of Connecticut made a similar answer to Stuyvesant's proposals. The colony of New Haven was not at this time merged in that of Connecticut, and was averse to such a measure.

But while Stuyvesant was endeavoring to promote the interest of Holland in New Netherlands, and relied upon the pacification and professions of friendship between England and Holland, the profligate and faithless Charles the Second, with that liberality which distinguishes monarchs, magnanimously gave to his brother James that which his Majesty did not possess, had no rightful
claims to, and could not use for the immediate gratification of his sensuality, the whole of the New Netherlands and that part of Connecticut lying westward of the Connecticut river.

1664

James, finding that all Long Island had been previously given to the Earl of Sterling, bought that claim for £300. As to the Dutch rights of discovery or possession, they were disregarded; and while Holland confided in the treaties with England, her fleets were committing piracies upon the Dutch possessions in Africa, and wresting from them the whole New Netherlands.

The Royal Duke sent Colonel Richard Nicolls, with a squadron which carried Commissioners to New England, and had orders, with the assistance of Massachusetts, to take possession of the Dutch province. Massachusetts, ever opposed to the governments of the Stuarts, pretended inability to assist in the reduction of the Dutch settlements. This opposition to the Commissioners was
continued after the seizure of New Netherlands, and its charter was pleaded against the royal authority.

Lord Clarendon says, that the Royal Commissioners sent out to the colonies, in 1664, found those of the North already " hardened into Republics." The truth is, that the people were republicans from the first. The first government founded in New England was democratic. England interfered as much as she could, but the people persevered in republicanism, always struggling against the
power which had driven them from their homes, and still pursued them. The Dutch of New Netherlands were governed by officers appointed by the trading Company that sent them out, and by the States' General; but they had certain privileges secured to them; they knew their rights as men; and when they submitted to England, they jealously watched the encroachments both of Church
and State, which were attempted on the liberties secured by the capitulation.

Chancellor Kent has observed that the conquest of the New Netherlands proved to the inhabitants very fortunate. The were relieved from controversy with their encroaching English neighbors, had the privileges of English subjects, (or were entitled to them,) and in a few years participated in the blessings of a representative government. "They exchanged," he says, "their Roman
jurisprudence for the freer spirit of the English Common Law."

The instructions of Charles II. to Nicolls, Carteret, Carr, Cartwright, and Chaverick, were, that the Dutch be reduced to an entire obedience. "It is high time," his majesty says, "to put them out of capacity of doing such mischief," as they had done elsewhere. Their right is altogether disclaimed.

Although Massachusetts had evaded the order to assist the Commissioners in subduing New Netherlands, John Winthrop, the amiable and accomplished Governor of Connecticut, joined the expedition personally, and aided it by a body of troops, who were subsequently landed and encamped near Brooklyn.

Governor Stuyvesant had procured intelligence of the approach of an English squadron, with hostile intentions, and consisting of two vessels of fifty guns each, and one of forty, with six hundred soldiers, besides a full complement of men as sailors. He had assembled his Council and Burgomasters, repaired and furnished his fortress, and taken such measures for defense as his
spirit and experience dictated. The fleet anchored in Gravesend Bay. Stuyvesant sent a deputation, consisting of John De Clyer, one of his Council, the Rev. John Megapolensis, Major Vandergreft, and some others, requesting to know the intention of their approach, without giving notice to the magistrates.

Nicolls issued a proclamation, dated on board his majesty's ship, the "Guyny," stating that the Commissioners were sent to receive into his majesty's obedience, all foreigners who have, without his majesty's consent, seated themselves among his majesty's subjects; promising to all, who will submit to his Majesty's Government, protection by his majesty's laws, with security to
property, "and all other privileges with his majesty's subjects." And to the Governour and Council "of the Manhattans," he addressed a letter by his deputies, to let them know that "his majesty of Great Britain" had commanded him to require the surrender of all places , in possession of the Dutch, into his hands. He, therefore, demands the town and forts, promising to all, who shall readily submit estate, life, and liberty; otherwise the miseries of war. An answer is requested by return of "Colonel George Carteret, one of his Majesty's Commissioners in America," and Messrs. Robert Needham, Edward Groves, and Thomas Delavall.

Governor Stuyvesant promised an answer on the morrow, and immediately convened his Council. He proposed a defense; and fearing the terms offered by the surrender would be acceptable to the people, whose discontent with the Government of the States he was well aware of, refused to submit to them the summons of Nicolls.

Governor Winthrop, who probably had joined in this expedition, with the hope of preventing bloodshed by his interposition, wrote to the Dutch Director, recommending acceptance of the terms offered, and a surrender by capitulation. These terms Stuyvesant refused to communicate to the burghers, and issued his orders for the defense of the place entrusted to him.

On the 22d of August the Council again met, and demanded to know the terms offered by Nicolls. The Governor again refused, and tore the summons to pieces before them. To the Commissioners he wrote a letter, stating the Dutch claims to the province, and concluding with his determination to defend the fort and city.

It was in vain that Petres Stuyvesant endeavored to infuse his own spirit into the people of the colony, who had already made up their minds, that if their property could be secured to them, a change of government was for their interest. In vain he represented that the fatherland required resistance to English injustice! In vain he asked how a surrender without a struggle would be
viewed in the land of their fathers! The subjects of England were already mingled among those of the States, and all wished for the promised rights of Englishmen. The proclamation of Nicolls had its effect. Hide, who commanded the squadron under Nicolls, was ordered to attack the fort. Stuyvesant sent deputies with a second letter, proposing delay and accommodation. But Nicolls
knew full well the disposition of the people, and answered that he would only treat of surrender.

The next day, the 26th of August, the Governor of New Netherlands agreed to a surrender, with an overpowering force arrayed in hostility before him, and no disposition evinced by those within call or view to support him.

Nicolls had said, "on Thursday I will see you at Manhattoes, with my ships." The armament entered the harbor, and the sturdy old governor yielded to necessity, and surrendered. After the capitulation had been agreed to by the magistrates, he reluctantly signed it. On the 3d of September, New Amsterdam became New York, and the fort was called "James." On the 24th, Fort Orange surrendered, and took the name of Albany; and early in October the settlements open the Delaware capitulated.

Although Stuyvesant did not show to his burgomasters the terms offered by Nicolls, or the letter of advice from Governor Winthrop, of Connecticut, there can be no doubt that the reasons for surrender which the latter gave had great weight with the Director-General of New Netherlands.

When the terms of surrender were signed by the English deputies, who met the deputies of the Dutch at Governor Stuyvesant's house, in the Bowery, although favorable, and agreed to by those he had nominated, (John De Decker, Cornelius Shemoyck, James Cowpease, Nicholas Verleet, Samuel Megapolensis, and Oloffe S. Van Kortlandt), he yet withheld his signature for two days. At
length the compact was concluded; and to the above-mentioned names, and those of Robert Carr, George Carteret, John Winthrop, Samuel Wyllis, Thomas Clarke, and John Pinchon, was added that of Petrus Stuyvesant.

By these articles it was agreed that the States General and West India Company should enjoy all their fast property, except that in forts; and all arms and ammunition belonging to them, at the time of surrender, to be transported or paid for; that the public buildings should continue for the uses intended: that the people should enjoy all property, as before, with the privilege of
removing, if they choose so to do; and any public officer, if he wishes to go to England, should be conveyed in his Majesty's frigates; that people might freely come from the Netherlands, and plant in this colony: that ships and goods should be received and depart for six months as theretofore: that the Dutch should enjoy liberty of conscience and Church discipline: that no
Dutchman or ship should be pressed into military service; that no soldiers should be quartered on the townsmen without being paid for: that the Dutch should enjoy their own laws of inheritance, and public records should be kept as usual; neither should any decision of court, heretofore made, be called in question: that the Dutch should have liberty of traffic with the English and Indians: that any public debt of the town should be paid as theretofore: that magistrates should continue until the time of election, and then be chosen by the people as before, said officers taking the oath to his Majesty of England: that contracts theretofore made
should be determined by Dutch usage: that the military should march out with their arms, drums beating, colors flying, and lighted matches; and that if any of them choose to become planters, they should have fifty acres of land, and become free denizens: that the fort Aurania (Albany) should be leveled; but if any persons should have property therein, they should enjoy it: that soldiers, or others, wishing to go to Europe should have free passport from Colonel R. Nicolls: that the copy of the King's grants to his Royal Highness, and his Royal Highness's commission to Richard Nicolls, testified by Mr. Winthrop, should be delivered to the Hon. Mr. Stuyvesant, the present governor. These articles were signed by Colonel Nicolls, and fort and town were accordingly delivered to him.

The inhabitants of New Netherlands very generally became subjects of Great Brtain. Governor Stuyvesant remained on his estate; and after a voyage to Holland, passed the remainder of his life on his estate in the Bowery. At his death, his remains were interred within a chapel which he had erected upon his own land. Chief Justice Smith,* writing about 1757, says that the Stuyvesant estate was at that time possessed by the Governor's great grandson. "Gerardus Stuyvesant, a man of probity, who had been elected into the magistracy above thirty years successively." +
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* See his History of New York.

+ The pear tree which now stands at the corner of Thirteenth street and Third Avenue marks the
spot of the old Governor's garden, and was, probably, brought from Holland when he repaired
thither to account to his superiors, which he did immediately after the surrender.