whole of Connecticut river, and of all territory to the eastward of said prolonged line, whatever may have been their original pretensions. And this treaty agreement by the Dutch must be conclusive to show that New York could have no ground whatever for claiming to extend eastward to Connecticut river by virtue of succeeding to the rights of New Netherland.

Soon after the news of the restoration of Charles the second to the throne reached the colonies, John Winthrop governor of Connecticut, was sent to England as agent of that colony, and he succeeded in obtaining from the crown, with liberal powers of government, a charter to "the governor and company of the English colony of Connecticut," covering all the territory between the Massachusetts south line on the north, and the sea on the south, and Narragansett bay on the east, and the Pacific ocean on the west, by the following descriptive words, viz:

"All that part of our dominions in New England, in America, bounded on the east by Narragansett river, commonly called Narragansett bay, where the said river falleth into the sea; and on the north by the line of Massachusetts plantation; and on the south by the sea; and in longitude in the line of the Massachusetts colony, running from east to west, that is to say, from the said Narragansett bay on the east to the South sea on the west part, with the islands thereunto adjoining."

This charter bore date April 22, 1662, two years prior to the grant of New Netherland to the Duke of York, and in terms included the southern portion of the Dutch colony. Whatever may be thought to have been its legal effect upon the territory in actual possession of the Dutch, there can be no possible doubt that it granted to Connecticut all the lands east of the boundary line previously established by the Hartford treaty, and that the king by this charter deprived himself of all right and title to it, and of all power and authority to regrant it to the Duke of York, or any other party.1

1 Conn. Public Records, vol. 2, p. 10. U. S. Land Laws, vol. 1, p. 80. Brodh., p. 702. Bancroft, vol. 2, p. 52–56.

CHAPTER III.

THE CHARTER OF KING CHARLES TO THE DUKE OF YORK.

1662-1683.

The Dutch commercial rivals of the English Hostile feeling towards them of King Charles and his brother the Duke of York They resolve upon a secret expedition for the conquest of New Netherland Grant of it to the Duke Is not described as New Netherland, but in vague terms as English territory and why - Commissioners appointed by the King to Superintend the expedition and visit the New England coloniesThey determine upon a line twenty miles east of the Hudson, as the boundary between the Duke's patent and Connecticut, which is afterwards confirmed by the crown.

IT

T has been already intimated that the conquest of New Netherland had been agreed upon in the councils of King Charles, prior to his granting the charter of it to the Duke of York. During the period of the civil war in England the commerce of the Dutch was in a prosperous condition, and in the time of the commonwealth they had become formidable rivals of the English. This rivalry produced a naval war between the two countries, which terminated unfavorably to the Dutch. Towards the close of this war an expedition against New Netherland had been prepared by Cromwell with the concurrence of the New England colonies, but the territory was saved to the Dutch for a few years longer by the conclusion of a general peace in the spring of 1650.1

and

When King Charles came to the throne in 1660 he found the Dutch commerce recovered from the shock of the previous war, in a flourishing condition. In fact the Dutch had become successful commercial competitors of the English in all parts of the world. They had trading establishments in the East Indies, on the coast of Africa and in America; and by their industry and frugality were enabled to undersell the English in every market, and to retain possession of the most lucrative branches of commerce. This success naturally produced a hostile feeling among the English merchants. The directors of the East India company complained of their formidable Batavian rivals. The African company of which the king's brother, James Duke of York, was governor, denounced the Dutch West India Company, which had striven to secure its trade on the

1 Brodh., p. 582-6. Ling., vol. 10, 379-87, and vol. 11, 30-34.

Gold coast from the participation of the English. James, a man of narrow mind and unforgiving temper, had been libeled in Holland, and he became the advocate of his African company with the king and with parliament, and in February 1664, without any declaration of war, an expedition, with the consent of the king, was secretly dispatched by the duke against the Dutch possessions in Africa.

There were special grounds of complaint against the Dutch of New Netherland. Their right to the territory they occupied, had always been denied. They were complained of as intruders at the north by Connecticut, and at the south by Lord Baltimore, the proprietor of Maryland. And recently the Duke of York had become personally interested in opposition to their territorial claims, by the conveyance to him from Lord Stirling, of a supposed title to Long Island, which title the Dutch had resisted. The Dutch were also accused, and doubtless justly, of evading the navigation acts which prohibited all foreign trade with the English colonies. The farmers of the revenue complained that traders to Virginia, New England, Maryland and Long Island, were constantly conveying great quantities of tobacco to the neighboring Dutch plantations, by which they alleged the revenue was defrauded "to the amount of ten thousand pounds per annum and upwards."

To remedy all these evils at once, and at the same time to strike a blow at the prosperity of a rival, the conquest of New Netherland was resolved upon. A charter designed to include the Dutch possessions comprising Long Island, and also other lands which had been released by Lord Stirling, was issued by the king to the Duke of York, under date of March 12, 1664, and the duke as lord high admiral was authorized to employ the necessary force to make his grant available. He accordingly detached for that service, four vessels of war, having on board about four hundred and fifty soldiers. The command of the expedition was entrusted to Colonel Richard Nicolls who had served with James on the continent and was one of the gentlemen of his bed chamber. Nicolls was also appointed to be the duke's deputy governor, after the Dutch possessions should have been reduced. With Nicolls, were associated Sir Robert Carr, Col. George Cartwright and Samuel Maverick, as royal commissioners to visit the several colonies of New England. These commissioners, or any three of them, of whom Nicolls was to be one, were clothed with extensive powers, among which was authority to ascertain the limits of the several colonies and adjust disputes between them in regard to boundaries. They were furnished with detailed instructions in regard to those and other matters, and the New England governments

were required by royal letters "to join and assist them vigorously " in reducing the Dutch to subjection.1

The expedition left England early in May, but the vessels were separated on the way, and owing to a variety of causes, which it is unnecessary to detail, the squadron was not united and ready to attack the Dutch possessions until late in the summer.

On the 31st of August, Col. Nicolls, having been joined by Gov. Winthrop of Connecticut with a body of volunteers from that province, appeared before New Amsterdam and made a formal demand of Gov. Stuyvesant for its surrender to the English crown. After a negociation of several days commissioners were mutually appointed, who agreed upon terms of submission, highly favorable to the Dutch, and New Amsterdam, with its immediate dependencies, was formally surrendered into the possession of the English on the 8th of September, 1664. Expeditions were sent up the Hudson, and also to the South river, and on the 24th of September Fort Orange, now Albany, capitulated, and the Dutch possessions on the Delaware were captured on the first of October, by which the conquest of New Netherland was completed.2

It is proper here to state that prior to the surrender of the charter of the council of Plymouth to the crown in 1635, that company in the distribution of its favor to its members, had conveyed to the Earl of Stirling, the territory between the Kennebeck and St. Croix rivers in the present state of Maine; and also Long Island, Martha's Vineyard and Nantucket. The earl's title had been purchased by the Duke of York, and the charter of King Charles to the duke, of March 12, 1664, was designed to confirm this purchase to him, as well as to embrace the Dutch possessions of New Netherland.3

The operative words of the charter were as follows, viz:

"Charles the Second by the grace of God king etc. * * * to all to whom these presents shall come greeting. Know Know ye that wee for divers good causes and considerations us thereunto moving have etc. * * * and by these presents etc. * do give and grant unto our dearest brother James Duke of York, his heirs and assigns all that part of the main land of New England begin

1 Col. His. N. Y., vol. 3, 41-66. Brodh., chap. xx. 2 Ling., vol. 11, p. 271. Hume, vol. 6, p. 36. 42-65.

*

*

Col. Hist. N. Y., vol. 3, p.

Pemaquid papers in Maine His. Col., vol. 5. N. Y. His. Col., vol. 3, p. 606. Williamson's Maine, vol. 1, p. 256-8, and 407. Massachusetts His. Col., vol. 6, 185-189. Thompson's Long Island, vol. 1, p. 117–121.

ning at a certain place called or known by the name of St. Croix, next adjoining New Scotland in America, and from thence extending along the sea coast unto a place called Potuaquine or Pemaquid, and up the river thereof to the farthest head of the same as its breadth northwards; and extending from thence to the river Kinebequi, and so upwards by the shortest course to the river Canada northwards, and also all that island or islands called by the several name or names of Mattowacks or Long Island situate lying and being towards the west of Cape Cod, and the Narrow Highgansetts, abutting upon the main land between the two rivers there called or known by the several names of Connecticut and Hudson's river together also with the said river called Hudson's river, and all the land, from the west side of Connecticut river to the east side of Delaware Bay; and also all those several islands called or known by the names of Martin's Vineyard and Nantukes or otherwise Nantucket.”1

It will be perceived that nearly all this long description is applicable to territory to which the Duke of York claimed to have a previous title under the crown, which the charter was designed to confirm to him; and that the only words which purport to convey to him such territory are the following viz: "together with the said river called Hudson's river, and all the land from the west side of Connecticut river to the east side of Delaware bay."

Whether this language be supposed to have been intended to comprise all the land westward from every part of Connecticut river, that is, westward from its whole length, as was afterwards contended by New York, corresponding with the length of Delaware bay, or only from the lower portion of it, it will be readily seen, from what has been before shown, that the grant must be inoperative and void for a very great portion of it, for the reason that the king had already parted with his interest in it, by granting it to Massachusetts and Connecticut; both their charters extending west to the Pacific Even if it should be admitted that these grants of Massachusetts and Connecticut could not legally take effect upon territory, which at the time of making them was in the possession of the Dutch, the difficulty with the charter to the duke would not be thereby removed, for there can be no pretence whatever, that the Dutch, at the dates of either of these prior grants, had any possessions as far eastward as Connecticut river, or even as far as twenty miles east of the Hudson, where the eastern line of New York was subsequently established.

ocean.

1 Col. His. N. Y., vol. 2, p. 295. U. S. Land Laws, vol. 1, p. 80.