PART II

From the Surrender in 1664, to the Settlement at the Revolution.

RICHARD NICOLLS being now possessed of the country, took the government upon him, under the style of deputy-governor under his royal highness the duke of York, of all his territories in America." During his short continuance here, he passed a vast number of grants and confirmations of the ancient Dutch patents, the profits of which must have been very considerable. Among these, no one has occasioned more animated contention, than that called the Elizabeth Town Grant, in New-Jersey; which, as it relates to another colony, I should not have mentioned, but for the opportunity to caution the reader against the representation of that controversy contained in Douglass's Summary. I have sufficient reasons to justify my charging that account with partiality and mistakes; and for proofs, refer to the printed answer in chancery, published in the year 1751.

Besides the chief command of this province, Nicolls had a joint power" with Sir Robert Carr, Carteret, and Maverick, to settle the contested boundaries of certain great patents. Hence we find, that three of them had a conference with several gentlemen from Connecticut, respecting the limits of this and that colony. The result was an adjudication in these words:

"By virtue of his majesty's commission, we have heard the difference, about the bounds of the patents

• The commission from king Charles II. was dated 26th of April, 1664. After a recital of disputes concerning limits in New-England, and that addresses had been sent home from the Indian natives, complaining of abuses received from the English subjects; the commissioners, or any three or two of them, of which Nicolls was to be one, were authorized to visit the New-England colonies, and determine all complaints military, civil, and criminal, according to their discre tion, and such instructions, as they might receive from the crown.

granted to his royal highness the duke of York, and his majesty's colony of Connecticut, and having deliberately considered all the reasons alleged by Mr. Allyn, sen. Mr. Gold, Mr. Richards, and captain Winthrop, appointed by the assembly held at Hartford, the 13th of October, 1664, to accompany John Winthrop, esq. the governor of his majesty's colony of Connecticut, to New-York, and to agree upon the bounds of the said colony, why the said Long Island should be under the government of Connecticut, which are too long here to be recited, we do declare and order, that the southern bounds of his majesty's colony of Connecticut, is the sea, and that Long Island is to be under the government of his royal highness the duke of York, as is expressed by plain words, in the said patents, respectively, and also by virtue of his majesty's commission, and the consent of both the governors and the gentlemen abovenamed We also order and declare, that the creek, or river called Mamaroneck, which is reputed to be about thirteen miles to the east of West-chester, and a line drawn from the east point or side, where the fresh water falls into the salt, at high water mark, north-north-west to the line of the Massachuset's, be the western bounds of the said colony of Connecticut, and all plantations lying westward of that creek and line so drawn, to be under his royal highness's government; and all plantations lying eastward of that creek and line, to be under the government of Connecticut. Given under our hands, at James's Fort in New-York, on the island of Manhattan, this 1st day of December, 1664.

"RICHARD NICOLLS.

GEORGE CARTERET. "S. MAVERICKE.

"We the governour and commissioners of the general assembly of Connecticut, do give our con

sent to the limits and bounds above mentioned, as

witness our hands.

GOLD,

"JOHN WINTHROP, Jun.

"JOHN WINTHROP,

"ALLEN, Sen.
"RICHARDS.

At the time of this determination, about two-thirds of Long Island were possessed by people from New England, who had gradually encroached upon the Dutch As to the settlement between New-York and Connecticut on the main, it has always been considered by the former, as founded upon ignorance and fraud.* The station at Mamaroneck was about thirty miles from New-York; from Albany one hundred and fifty. The general course of the river is about north 12 or 15 degrees east: and hence it is evident, that a north-north-west line will soon intersect the river, and consequently leave the Dutch country, but a little before surrendered to colonel Carteret, out of the province of New-York. It has been generally esteemed, that the Connecticut commissioners in this affair, took advantage of the duke's agents, who were ignorant of the geography of the country.

The duke's commissioners in their narrative express themselves thus: "The bounds between the duke's province and Connecticut were mistaken by wrong information, for it was not intended that they should come nearer Hudson's river than twenty miles, yet the line was set down by the commissioners to go from such a point N N. W., whereas it ought to go just N., otherwise the lines will go into Hudson's river."

About the close of the year, the estate of the

*The town of Rye was settled under Connecticut, and the grant from that colony is bounded by this line of division.

West-India company was seized and confiscated, hostilities being actually commenced in Europe as well as America, though no declarations of war had yet been published by either of the contending parties. A great dispute between the inhabitants of Jamaica on Long Island, which was adjusted by colonel Nicolls, on the 2d of January, 1665, gave rise to a salutary institution, which has in part obtained ever since. The controversy respected Indian deeds, and thenceforth it was ordained, that no purchase from the Indians, without the governor's license executed in his presence, should be valid. The strength and numbers of the natives rendered it necessary to purchase their rights; and to prevent their frequent selling the same tract, it was expedient that the bargain should be attended with some considerable solemnity.

Colonel Nicolls also published an instrument to encourage settlers under the title of "The conditions for new planters in the territories of his royal highness the duke of York." I have met with three printed copies of it. It was in these words:

"The purchases are to be made from the Indian sachems, and to be recorded before the governor. The purchasers are not to pay for their liberty of purchasing to the governor. The purchasers are to set out a town and inhabit together. No purchaser shall, at any time, contract for himself with any sachem without consent of his associates, or special warrant from the governor The purchasers are free from all manner of assessments or rates for five years after their town-plot is set out, and when the five years are expired, they shall only be liable to the public rates and payments according to the custom of other inhabitants, both English and Dutch. All lands thus purchased and possessed, shall remain to the purchasers and their heirs as free lands to dispose of as they please.

"In all territories of his royal highness, liberty

of conscience is allowed, provided such liberty is not converted to licentiousness, or the disturbance of others in the exercise of the protestant religion. The several townships have liberty to make their peculiar laws, and decide all small cases within themselves. The lands which I intend shall be first planted, are those upon the west side of Hudson's river, at or adjoining the Sopes. The governor hath purchased all the Sopes land, which is now ready for planters to put the plough into, it being clear ground. But if any number of men sufficient for two, or three, or more towns, shall desire to plant upon any other lands, they shall have all due encouragement proportionable to quality and undertakings. Every township is obliged to pay their minister, according to such agreement as they shall make with him, and no man to refuse his proportion; the minister being elected by the major part of the householders, inhabitants of the town. Every township to have the free choice of all the officers, both civil and military; and all men who shall take the oath of allegiance to his majesty, and who are not servants or day labourers, but are admitted to enjoy town lots, are esteemed freemen of the jurisdiction, and cannot forfeit the same without due process in law. R. NICOLLS." Another instance of colonel Nicolls' prudence, was his gradual introduction of the English methods of government. It was not till the 12th of June, this year, that he incorporated the inhabitants of New-York, under the care of a mayor, five aldermen, and a sheriff. Till this time the city was ruled by a scout, burgomasters, and schepens.

In March preceding, there was a great convention, before the governor at Hempstead, of two deputies from every town on Long Island, empowered to bind their constituents. The design of their meeting was to adjust the limits of their townships for the preservation of the public peace.