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The Honorable Colonel Nathaniel Utie^[1]:

Whereas you appeared at our meeting yesterday afternoon, as requested, and read and presented certain instructions, which you said were approved by order of Mr. Josias Fendel, lieutenant of Lord Baltemoor, but they were without day, date or place or origination; being signed by Philip Kalver,^[2] secretary, concerning our possessions on the Delaware Bay or the colony here.

In which aforesaid instructions it is simply stated and alleged that this place is located in the aforesaid Lord Baltimoor's province; therefore, this administration, with its people, should depart from here as soon as you have given notice thereof at this place. You have also stated that all the territory between 38 and 40 degrees, from sea to sea, east and west, belongs to the aforesaid Lord Baltimoor's governor in Maryland, and that whatever was in dispute concerning this has been recently settled in old England. All this has been simply narrated without producing any desired [ proofs ] with it, or without forwarding them to us; we would have desired to have your stated demands in writing in order to prevent further misunderstandings.

You [ further make known with stronger words, to wit: that in case of any delay in our immediate departure, you would be guiltless of the vast quantity of innocent blood which may then be shed as a consequence. ]

Unexpected and strange to us are such proceedings and actions by Christian kinsmen and neighbors with whom we have sought and continue to seek nothing other than the maintenance of good friendship; we have also never given the least cause for discontent. Therefore, we request once again the proof of that which you demand, or any extract serving as verification of the claim made by your superiors to the ownership and limits of the territory, whether acquired by right of conquest or by title of purchase or gift, as well as the disposition that has been allegedly made in this matter recently by the parlement in old England to the benefit of your superior.

We offer this instant to exhibit herewith such [ proof ] as we have received for the possession of this place: a charter from their High Mightinesses, the lords States-General of the United Netherlands; and a legal conveyance or transfer from the West India Company with due payment.

However, if any misunderstanding should arise from either of the documents, then the variance should be referred to the [ Supreme authority ] such as the parlement and the [ High and Mighty Lords ] States-General. Otherwise, [ since we are new settlers in these parts, and the circumstances of the case or what might be in the archives and elsewhere concerning this matter, is unknown to us, ] we refer ourselves to the evidence which can be produced by the lord general of New Netherland.

Furthermore, the second part of your instructions continues to say that you would offer any people or settlers here good conditions of agreement concerning plantations and commerce with the inhabitants of Maryland, together with a promise of protection and increased freedom, which have, to some extent, already been offered here to those engaged under the oath of the lords- superiors and to others owing considerable sums. As a result of your seduction, they have been made restless, neglect their undertakings, backslide and run away. They thereby fall to ruin, cheating the lords-superiors out of what is owed them. Therefore, it has become necessary to protest, as is hereby done, against you and your superiors for all damages and future damages, losses and expenses, in order to recover them eventually in whatever way is convenient.

For the continuance of peace and quiet among the subjects of the Republic of England and their High-Mightinesses, the lords States-General, we refer ourselves to the articles of peace, treaties and alliances concluded in the year 1654 on the 5th of April,^[3] [ obligatory on all governments, whether in America or in Europe, whereby they were all ordered and commanded not to inflict, the one on the other, any hostility, injury or damage, as fully appears by article 16. ]

I trust, nevertheless, that you will be pleased to take all this in consideration and to maintain nothing but what equity and justice requires.

We declare ourselves to be in no way inclined to maintain the least injustice but would most gladly acquiesce or yield to the party having the most right. Whatever exceeds or contradicts this and is presented to us beyond reason, we shall refer to the highest authority or protest elsewhere against all damages, as mentioned above etc...

It has also proposed that a letter be written to the lord general as soon as possible in order to present a more detailed reply, for which the lord colonel permitted and granted a period of three weeks or thereabouts; at least [ enough time ] so that a written reply or answer can be received.

And it was signed: J. Alrichs

Alexander d'Hinijosa William Beekman Jan Willimssen Johan Crato Hend: Kip

By order of the honorable director and council together with the honorable Director Beeckman and the lords-schepens. In the absence of the secretary,

G.V. Sweringen

[ P.S.: ] ^[4] The above-written [ notification and protest was, by me, the undersigned, in the presence of the above named witnesses, read and a copy thereof delivered to the colonel. Signed as this: This done at the meeting as above. Done in New Amstel, 9 September 1659. ]

Notes

References

Translation: Gehring, C. trans./ed., New York Historical Manuscripts: Dutch, Vols. 18-19, Delaware Papers: Dutch Period, 1648-1664 (Baltimore: Genealogical Publishing Co., Inc.: 1981).A complete copy of this publication is available on the New Netherland Institute website.