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Journal kept by Augustine Herrman during his embassy from the Honorable Director-General Petrus Stuyvesant and the Lords of the High Council of New Netherland to the Honorable Governor and Council of Maryland concerning Colonel Nathaniel Utie.

Journal kept during the journey to Virginia.^[1]

September 30, Tuesday. Departed from New Amstel about noon in the company of Resolved Waldron and our attached soldiers and guides. After traveling about an hour we came to a small stream which flows into Jaegersland Creek. Our course was estimated to be west northwest. About an hour and a half further we came to a little stream or run of water which we also think flows into Jaegersland. Our course was westerly, and after having traveled about an hour further we came to another run of water flowing southwards. Here we had to make our camp for the night because the Indians would not continue. Nothing occurred along the way except hearing a shot fired to the north of us, which the Indians suspected was from an Englishman. Whereupon we fired three shots to see if we would be answered, but heard nothing.

October 1, Wednesday. In the morning before sunrise, we proceeded on our course a little south of west by south. We crossed two other runs of water which we surmised to be branches of the South River, and some dry thickets. The country afterwards was somewhat rolling. About nine o'clock we came to the first stream which the Indians said flowed into the Bay of Virginia. Here we had breakfast. We estimated it to be about five miles from New Amstel. The Indians said that this stream is called by them Cimamus, which means Hare Creek, because the whole of this point is so named. From this stream we proceeded without a path southwest and west southwest obliquely through the woods; and after about one mile or somewhat more, presumably struck the same stream. We followed it along to where the tide rises. There we found the boat, which the Indians had mentioned, hauled on shore and completely dried out. We continued on, dismissing our four guides; but Sander Poyer^[2] and his Indian went with us. Shortly after we pushed off, the boat filled almost half full of water. We were obliged to put ashore and turn the boat upside down. We caulked the seams somewhat with old linen, our people having left behind some unraveled rope, which had been given to them for this purpose. This made it somewhat tighter but we still had to sit continually and bail water. In this manner, we came with the same tide a good mile and a half down the Elk River and found ourselves at its eastern branch. We built a fire here in the woods and proceeded with the night ebb on our journey with great labor, because the boat was very leaky and we had neither rudder nor oars but merely paddles.

October 2, Thursday. After having paddled down the Elk River almost the whole night, we came to the Sassafracx River about eight o'clock. We stopped here during the tide at [ blank ] on the plantation of a certain Jan Turner. Here we found Abraham de Fin, a soldier who had deserted from Christina, and also a Dutch woman brought there by De Jaeger.^[3] We offered them the general's pardon if they would return to New Amstel within six months, and if they should be unwilling to remain there, they would be free to go to Manhattan. The woman accepted the conditions, having another three months to serve, and then she would come back again; but the soldier raised many objections. However, we at least got him to make us a new pair of oars. We set Sander Poyer ashore here to obtain information, but we could not learn anything because there were only some Finns and Swedes there who had run away in the time of Governor Prins.^[4] After having rested a while and the tide being favorable, we pursued our journey; but after we had pushed off from shore, the aforesaid

Abraham with another man called Marcus de Fin, came along side us in a canoe and would not let us pass because they made a claim on the boat. Although we assured them that they would have the boat upon our return, they still held us by force. Marcus then drew a pistol and threatened to shoot if we refused to leave the boat. They also had two snaphances. After much trouble, we finally got away from them. As we were coming out of the river, we heard very heavy volley firing on Colonel Utie's island (or otherwise called [ Gotfried's ] Island),^[5] which we presumed must have come from 50 or 60 men; and it was mingled with music. This continued into the night so that we imagined that they were preparing themselves to go to the South River. While reconnoitering, we accidentally found a newly begun plantation in our path where people had come and were busy cutting wood for houses. However, the carpenter, who was an acquaintance of mine, did not know the significance of the firing, except that it might be feasting and frolicking. Since it was late, he invited us to stay with him for the night because there were no more houses along the way until Kent Island; but we proceeded on our journey and completed another two miles. We wanted to dispatch an Indian, if we could have found one, to carry intelligence to New Amstel and to return the boat to the Swedes, but we feared any delay so that we had to rely on Sander Poeyer doing his duty. This Sassafrax River runs close to our creek which comes out near Reedy Island. There is only a large hill between them from which both streams can be seen at the same time. From here the woman said she left with De Jaeger. I also understand that ships should be able to sail up as far as this river, but no further, because it is then shallow and navigable only by sloops; especially Elk River, which is quite shallow.

October 3, Friday. We rowed on during the tide of that night and day until opposite Pool's Island, which we estimated to be [ blank ] miles from the Sassafracx River. It lies near the west shore, and we passed with our leaky boat along the east shore, observing nothing on the way except that there was no fresh water to be found along here as far as Kent Island. Towards evening we arrived at the north end of Kent Island, where we encountered a strong flood tide. Since we were tired, we took up quarters with Captain [ blank ] Wikx,^[6] who resides on the point and is one of the three magistrates of that island. While conversing with him, we were also unable to learn of any general plan which the English might have had up until that time, of invading the South River; but he firmly understood that it belonged to Maryland and that they were bound by agreement to aid in maintaining Lord Balthamoor's patent or right and title. We replied on the contrary and said that we would be able to prove that the river belonged to us for years and to no one else, and whosoever should wish to have it, must wrest it from us by force of arms; but that we prepared for this, and that already over 100 soldiers had arrived, and that if necessary another 100 or more could be expected to defend the river to the last man. Nevertheless, we hoped that the English, with whom we had lived so long in good neighborly friendship, would not try to take another man's land and rights, and thereby cause an open war, and so forth. From this discussion, he turned to certain news he had heard from Mr. Bateman,^[7] which Mr. Wright,^[8] the Indian interpreter, had brought to Accomacq^[9] from above the bay: that concerning the war which the Indians and the English are presently waging against each other, the former acknowledged that they had been incited by the Dutch of the Hoere Kill to murder the English, and it supposedly happened in the following manner: a certain Indian came to a Dutchman in the Hoere Kill and told him that he intended to kill a Dutchman because his father had been killed earlier by one. To this the Dutchman supposedly replied that his father had been killed by the English and not the Dutch, and therefore he should seek his revenge on them. Thereupon the Indian went off and killed an Englishman, and in this way the war began. It was suspected that the Dutch had not only secretly incited it, but had furnished the Indians with powder, lead and muskets, with which they were abundantly supplied. This the English were extremely upset about. At first denying and then excusing the affair, I asked for the name of the Dutchman who supposedly gave such advice to the Indian; but he replied that he did not know, saying that in such matters no witnesses were named but that things were done in secret, so that he could not be persuaded to the contrary. We then asked for a boat to carry us to the governor and back, since our little skiff could not be used any longer, and was also too small. He offered us his, but asked what security we would have that he would get the boat back or be compensated, because he had often been deceived in this way before. Upon this point we stated that we could not give him any other security than our word and credentials, and that we would draw for security and payment on Mr. Brouwne, who, we presumed had arrived with his ketch at Seavorn. Thus we agreed at 20 lbs. of tobacco per day for the boat, and 20 lbs. of tobacco for a man to accompany us; there were the lowest terms we could agree on. Otherwise, we would have been greatly perplexed, because we could learn of no other opportunity here. We found here the wife of [ blank ] who said that she had left with her husband's consent because he intended to follow her; but when we offered her the pardon, she was willing to return with us. However, Captain Wikx complained that she was so lazy that she did not even earn a crust of bread. To which we replied that it was easy to infer from this that she had run away from the South River through laziness and unwillingness to work.

October 4. We sailed or rowed over to Seavorn to see whether Mr. Brouwne had arrived and would accept the security bond, but he had not yet arrived. Captain Wicx offered to lodge us that night at Colonel Utie's place, which we understood was on his plantation at Seavorn; but we declined, saying that we believed he was above on his island because there had been so much firing. Since it was dark, we took up quarters at the house of Mr. [ blank ], the father-in-law of Godtfried Harmer, the Indian trader, who had gone up to his plantation just a few days ago; but his wife and child were at home. We informed her that our nation attributed great blame to Godtfriedt for enticing and transporting our fugitives from New Amstel, and that he would, therefore, do well to return the runaways there. Whereupon his father-in-law and mother-in-law defended him by saying that they had come to him from time to time, and had eaten him so bare that he would scarcely have enough winter provisions for himself; and that it was not in his power to return the people nor to deny them a night' lodging, with many other excuses and complaints that the people for the most part whom they had seen, and even an old man with his wife and child whom they had received in the greatest misery, were entirely idle and lazy, and not worth their food; indeed, they were even too lazy to wash their own spoons and plates from which they had eaten. We again took the opportunity to reply that it was evident enough from this that the people had not run away because of the wretchedness of the place nor because of ill-treatment, but because they had neglected to do anything for a living and had come to Virginia to gain the bread of idleness. However, they retorted that there had been, in any case, many people who died of hunger, and that the people had been refused bread for money, and so forth. To which we again replied that this could not be presumed to be true; however, had they suffered any wrong, then they should have complained to the general and council of New Netherland instead of running to a foreign nation. They again replied that the director of the South River^[10] had refused and prevented their passage, with many other arguments too long to repeat here. The substance of all this was finally that the general and council of New Netherland should proclaim a general pardon so that each might reestablish himself, and that the condition of the colony be redressed; and that those who did not wish to remain there but desired to go to Manhattan, would be brought there. Thus the old man, being a farmer and husbandman, promised to return to Manhattan but not to stay in the colony; this was allowed him. We also found out that there were many in Seavorn who had hired themselves and their children out as servants We requested that they be notified to return.

October 5/September 25, Sunday.^[11] After rising early in the morning, we presented a draft to Mr. Brouwne to pay Captain Josiae Wiks, on the account of General Stuyvesant in New Netherland, as much of his merchandise, for the hire or use of the boat, to the value of 20 lbs. of tobacco, and also 20 lbs. of tobacco for one man to accompany us; the amount whereof is to be stated on our return and reimbursed in beavers or other goods at Manhattan. But this was not enough for Captain Wicks. He had us sign a security bond that we would deliver his boat undamaged to his house or pay 1500 lbs. of tobacco for it at Seavorn or Kent, or to pay for it in brandy at Manhattan. After having thus agreed, we received news that Colonel Utie was at home on his plantation, and Captain Wicks urged us strongly to go visit him; but we answered that we dared not lose the opportunity of wind and weather, and that our mission to the governor required dispatch; therefore. Colonel Utie must excuse us for not visiting him, saying that it was apparent to us that since it was Sunday we would be so elaborately entertained that we would not be able to justify it, and so forth with similar excuses. We set forth on our journey with a fair breeze and fine weather which brought us towards evening to May Billingsly's plantation at the Cliffs. From Seavorn we estimated it to be [ blank ] miles. We did not observe any general preparations against the South River.

October 6, Monday. Towards evening we reached the Potucxen River, where our people requested to stay at Mr., Coerse's. He welcomed us courteously, being one of the council with whom we had several friendly conversations. We noted that the Colonel had firm orders to say to the colony of New Amstel that they were within their boundaries and should therefore submit to them, but not to make such threats; and it did not please him that, as we had said, 100 soldiers had come there for that reason. Therefore, we hastened our journey all the more. We also learned here that Lord Baltimoer's patent dated from only the year 1634, to which we replied that our patent was issued nearly forty years ago. Then they claimed to have their rights from Sir Walter Ralegh since the year 1584, and we countered that we took our origin as vassals and subjects of the King of Spain, the first discoverer and founder of all America. Thus we finally concluded our conversations with the hope that this matter might be settled without bloodshed; and thus we parted.

October 7/September 27, Tuesday. We left our boat there and marched on foot overland nine English miles to the secretary's, Mr. Phillip Calvert,^[12] and Mr. Coersy guided us on the right road a full three miles. Upon reaching Mr. Calvert's plantation early in the afternoon, we sent two of our people in advance to announce our arrival and to say that we could forbear paying him our respects, and also to request passage across his creek to Mr. Ooverzee's, with whom we intended to take up quarters. Whereupon he invited us in, and after greetings we informed him that we had been sent by the governor-general and council of New Netherland to the governor and council of Maryland concerning important matters. Therefore, we requested that he be pleased to send, with all due speed, intelligence thereof to the governor (who lived over [ blank ] English miles from there) and to recommend that we be allowed to have an early audience and expedition thereof. We then took our leave, crossed the creek and arrived at Mr. Symon Ooverzee's to take up our quarters, by whom we were very welcome guests.

October 8/September 28, Wednesday. Mr. Ooverzee invited the secretary, Mr. Philip Calvert, to dine. Since he was the nearest neighbor, he came to visit us shortly before noon. Once again we requested of him, in the presence of Mr. Ooverzee, to inform Governor Fendall^[13] of our coming as early as possible, so that we might have an audience and be dismissed without delay, because the business was of great consequence; also that we were suffering daily great expenses and charges, not only with respect to our individual persons which we had to incur at 40 lbs. of tobacco per day for a boat and a man, but mainly with regard to the military and other preparations and expenses which were expressly awaiting our return with over 100 soldiers who had come from Manhattan. Thereupon he promised to do his utmost, but that nothing could be done before the next court, which was to meet on the [ blank ] of October. We then conversed about New Netherland and Virginia, and their potentialities. He wished that Maryland could be so fortunate to have cities and villages as Manhattan. At this point we informed him that Manhattan signified the entire country, having preserved the ancient name of the Indian nation where the Dutch first settled. Then we proceeded to the boundaries; about which he said that the Maryland patent extended from 38 to 40 degrees along the sea, which includes Delaware Bay, and then runs across to Paman's Island,^[14] and from there to the source of the Potomock River. To which we interjected that the 38 to 40 degrees must be understood as only the bay of Cheseapeak upwards, and that the colony of Virginia then extended from the same bay downwards until the sea. To which he again replied no, and said that it had been expressly stipulated that they extended until New England. To this we inquired, where was New Netherland supposed to be, if they extended until New England? He replied that he did not know. We then said that we both well knew that it was a mistake and that our New Netherland with its boundaries had been possessed and settled many years before Lord Balthamoer obtained his patent: stating further among other things, that Sir Edm. Ployten^[15] had in former times made a claim to Delaware Bay; and that, therefore, one claim was as good as the other. Whereupon he replied that Ployten had had no commission and was sitting in prison in England because of his debts. He explained how he had tried to buy a patent from the king for Nova Albium, but that it was refused him; and then how he had addressed himself to the viceroy of Ireland, and that he had obtained a patent from him, but that it was worthless. Hereupon we embarassed him by his own words, saying that it was not certain whether Lord Balthmoer's claim to Delaware Bay, should he have any, was not obtained by falsehood or misrepresentation, since it was very probable that the king of England would not have done anything against us because he once had knowledge of and consented to the Dutch plantations of New Netherland, and had most expressly ordered and commanded those of Virginia and New England, as we would prove by their own English authors, not to approach within one hundred leagues of each other. Therefore, it was clear proof that, if their patent stated that it stretched as far as New England, then it had been obtained fraudulently and was of no value whatsoever.

October 9/September 29, Thursday. Nothing occurred, except drawing up our proposals, which we thought best to do on paper in English in order to bring matters to a quicker conclusion.

October 10/September 30, Friday. Again nothing occurred except that we heard that the secretary has communicated our arrival to the governor by a letter forwarded from constable to constable. He invited us to dinner on Sunday.

October 11/ 1, Saturday. Again nothing special occurred. We are impatiently waiting for the governor's reply.

October 12/2, Sunday. Went with Mr. Ooverzee to Secretary Calvert's.house for the midday meal, where the minister, Mr. Doughty,^[16] accidentally dropped in. After the meal we fell into some discussions about his charts or maps, two of which he laid on the table were printed and one was in manuscript. One was printed in Amsterdam at the direction of Captain Smith, the first discover of the great bay of Chesapeack or Virginia; the second one also appeared to be printed in Amsterdam at the time of Lord Balthamoer's patent; we did not know by whom or where the manuscript map was made. They all differed from one another. From these he intended to indicate the extent of Balthamoer's boundaries; but to the contrary we pointed out and claimed that, if the bay of Chesapeake ran upwards so crooked to the northeast, then they would come into our boundaries by so much. To this he said that it could not be because the English had first discovered and possessed all of these territories. Whereupon we replied that we, the Dutch, were but three years later in our parts than they in theirs. To this he said that they took their beginning from Sir Walter Ralegh, and we said that we then took our origin from the king of Spain. To which he replied that we were then not yet a free and independent nation. We responded to this by saying that the king of Spain, at the time when he discovered America, was our king and we his vassals and subjects just as they were under their king or Republic of England; but afterwards when we had to take up arms for our freedom, and achieved it, the king of Spain conveyed over to us, in full propriety, by lawful right and title, all his own and other conquered lands in Europe and America. Whereupon he said that the king of Spain was indeed in the West Indies but not so far to the north where the English were the first discoverers. We once again countered by saying that on the contrary it could be proven from Spanish journals and chronicles, and also that even the French had preceded them in these parts in the year 1524. Finally he asked half in anger whether the English had not been the first in Delaware Bay, since it had acquired its name therefrom. We answered, no, that the Dutch had been the first in the river long before Lord Delaware had come over to Virginia; and we asked again what right had the kings of Spain, France and England, more than the Hollanders or Dutch to the New World, America? However, these and similar arguments, which were becoming more and more heated, were dropped. He said that he had invited us and welcomed us to the contrary, and from then on we spoke of other matters, parting from one another in a friendly manner.

October 13/3, Monday. Nothing occurred.

October 14/4, Tuesday. Since this was court day at Potuxen and Mr. Ooverzee was going there to attend, we thought it advisable to have a brief petition submitted for an audience and a place of reception; see attached copy thereof.^[17]

October 15/5, Wednesday. In the evening about sunset, we received in answer an invitation from Philip Calvert in the name and on behalf of the governor and council that we were to have an audience at the house of Mr. Bateman, sending for this purpose two horses to convey us there.

October 16/6, Thursday. We took our departure in the morning from Mr. Ooverzee's for Mr. Bateman's at Potucxen, being about 18 or 20 English miles. Somewhere between three and four o'clock, arrived Governor Josiah Fendall with the secretary, Philip Calvert, together with the councilors William Stone, Thomas Gerrard, Nathaniel Utye, Edward Loyd, Luke Barber and Baker Broukx.^[18] After they welcomed us, we greeted them on behalf of our director- general and council of New Netherland. They thanked us cordially, and since the midday meal was ready, the governor said that he would give us an audience after the meal. At the table, they placed me next to the governor, at his left; to his right sat Philip Calvert, the secretary, next to him Resolved Waldron and so on the other councilors around the table. During the meal we fell into varied discourses.

After the table was cleared, we were called to the audience. After again presenting the cordial, neighborly respects of the director-general and council of New Netherland, we at first presented our credentials, which the governor opened. When he saw that they were written in Dutch, Mr. Ooverzee was called to translate them. While their contents was being related, we proceeded to deliver our speech in English in the form of declarations and manifests, which for this purpose we had previously committed hereafter in the one or the other, we gave the secretary the original with the request that he be pleased to collate it; and under the seal of our commission with the statement that that was all we had to say and to propose at that time on behalf and in the name of the director-general and council. We then signed it with our own hands in the presence of all; and exchanged the duplicate for the original and the original again for the duplicate, which we kept for ourselves and left them the other.^[19]

We perceived great unrest because it seemed that some of the councilors had no complete knowledge of what had transpired. In answer the governor inquired whether his letter, which he had sent with or by Colonel Utie, had not been shown to the governor- general of Manhattan? We answered, no, their honors had not seen any formal letter, but that we had, indeed, understood at the South River that Mr. Allericks had received a private letter in answer to his, but without day or date, or place of origin, of which the governor took no notice. The governor replied that he had nothing to do with the government of Manhattan but with the governor and people who had recently settled within their boundaries in Delaware Bay; and that they had sent Colonel Uty to them, and that he should not have communicated his instructions (which had been given to him only for his guidance and vindication), just as we were not obligated to communicate our instructions to them. To which we replied that the governor and people in the South River were not a separate but rather subaltern and dependent government, and simply a deputy governor and subjects of New Netherland. Therefore, whatever was presented and given to them in the matter of high jurisdiction and otherwise, affected not only them, but the general and council, and consequently, the whole state of New Netherland and the lords proprietors thereof; indeed, the sovereignty of Their High Mightinesses. Whereupon they retorted that they did not know or understand any better than that the governor in Delaware derived his commission from the city of Amsterdam, and had come with his people to settle there as a separate government. To which we again replied, no, but that the city of Amsterdam possessed the place as a colony and private district of New Netherland, which was similar in manner and style to their counties in Virginia and Maryland, and that we had more such dependent colonies in New Netherland, so that whatever injury was inflicted on the colony of New Amstel was inflicted on the entire state of New Netherland. Meanwhile, Colonel Utye began to bluster and to say that they should not take any notice at all of this but that what he had done had been directed against a people who had come to settle in Lord Balthamoer's province, and if the governor and council should again so order him, that he would again act as he had done. We replied that, if he returned and behaved as before, he would lose the name of an ambassador and be dealt with as a disturber of the public peace, because a representative or ambassador was empowered to attempt nothing except to notify the authorities and rulers of the place of his embassy in a courteous manner. However, to summon a place by fire and sword was the style of open war or hostility. Whereupon he replied that he had done nothing contrary to his commission and instructions. We countered that they had only to look at the answer which he had brought back which would clearly show how he acted. He said further that he had understood that they had threatened to send him to Holland, which he wished they had done. To this we responded that if he were to come again and behave the same that he would probably fare no better. He asked how he should have then behaved? He had certainly sent two men before him to announce his approach; afterwards he took lodgings in a public tavern; and was he not allowed to leave the same and look the place over and converse with the people who requested to come into his quarters? To which we responded that he was free to look the place over and converse with the people, but not to incite them to revolt and rebel against their authorities, and threaten them with being plundered and driven off if they refused to submit. As the arguments were becoming more and more heated, especially on the part of the colonel, the governor finally ordered him to desist, and stated that we were free to speak our piece without interruption. Whereupon we referred entirely to our manifest and declaration, and to the answer which Colonel Uty himself had brought back from New Amstel. We requested that these be taken into consideration and that no frivolous discourses be allowed.

The governor then stated, among other things, that we had come into their province without requesting a proper license and that we first should have made ourselves known to Colonel Uty. To this we answered that we were not familiar with the state and form of their government, but that in the future we would regulate ourselves according to such customs which they should deem appropriate for such cases. Hereupon Colonel Utie once again began to exclaim, saying that we should have first acknowledged him by going to his island and inquiring whether we would be permitted to proceed. He continued bluntly by saying that had he met us, or he known of us, he would have detained us there and not allowed us to proceed; but one of the councilors tried to temper this by saying that we would have been furnished with a better boat and accommodations, since we had stated that we had come down in a leaky boat and dared not venture too far from shore. However, we strongly felt that had we not tried our best to avoid Colonel Utie, he would have attempted to obstruct our mission.

Then, after a long debate, we were requested to withdraw. After they had discussed matters among themselves for a while in private, we were recalled and informed that what they had done was executed according to the special orders and commands of Lord Balthamoore, whose rights and jurisdiction they were sworn to maintain by oath; and that further public business, but would pass the evening over a glass of wine, promising us, at our request, to dismiss us by next Saturday.

In the meantime, we engaged one or another in private conversation; in the first place, to dispose them towards friendship, and [ resolution of ] the dispute, that they laid claim to our boundaries and we to theirs, which should be resolved by commissioners in order to prevent further disorders and the spilling of blood; in the second place, to move towards a firm relationship and confederation of trade and exchange on both sides, we found the majority of them favorably disposed to this view, but yet, they made it understood that it was not in their power, and that they had no other commission than to defend Lord Balthamoor's lawful patent. This they were disposed to do, however, with all possible and justifiable prudence.

I also had a private conversation with the governor on this point. He declared that he would prefer to continue in peace and accord than in hostility and war.

October 17/7, Friday morning. After breakfast, the governor and council showed us Lord Balthamoore's patent, and read aloud to us the article concerning his jurisdiction. We requested a copy of it, when we would then respond to it. Whereupon we were then allowed to make extracts of it ourselves. In the meantime, the governor and council went to the next plantation to hold their court. This gave us time to read and study the aforesaid patent, copy the article concerning the boundaries, and draw up on paper a written refutation of it, because we discovered in the preamble to the patent that Lord Balthamoer had applied to and petitioned His Majesty for a tract of land in America which was neither cultivated nor planted, but only inhabited by barbarous Indians. Whereupon we concluded that our South River, called years ago, Nassaw River, had been long before occupied, appropriated and purchased by us by virtue of a commission and grant of Their High Mightinesses, the Lords States-General of the United Netherlands, and therefore that it was His Royal Majesty's intention and justice not to have given away and granted that part of the land which had previously been taken possession of and settled by the subjects of Their High Mightinesses, the Lords States-General, as had been previously declared and demonstrated, so that the claim of Lord Balthamor's patent was invalid in so far as it refers to Delaware Bay or any part thereof, as well as in various other respects and particulars. We requested that a note be made of this. After the governor and council returned in the afternoon and the evening meal was over, we delivered the above reply in writing, having read the same aloud; whereupon we experienced new unrest. The governor made his defense, saying that, on the contrary our conceptions and documents were invalid, because the aforesaid patent was granted by the king with the full intention and knowledge that Delaware Bay should belong to the English. He then asked to see our patent to New Netherland or Delaware Bay. We replied that we did not have to show it at this time, much less had we come for that purpose, but only to prepare a way for a future meeting of deputies on both sides so that principally this article can be debated according to the advice derived from the declaration which we have submitted. The governor responded that they also had not been obligated to show their patent; whereby we noticed that they regretted having revealed so much to us. They said that if that article of the patent were invalid, or if they yielded it, then the entire patent might become void. We answered that we addressed ourselves only to that part which concerned us and made claims on our boundaries. The governor responded that previously the same exception had been claimed by Colonel Clabborne against Lord Balthamoer concerning Kent Island, of which the aforesaid Colonel Clabbort maintained to have taken possession before the aforesaid patent had been granted, but that it was to no avail and nothing helped, so that he had to beg Lord Balthamor for his life. We replied that this was a different case, and that we were not English subjects but a free and sovereign people of the Dutch nation, who had as much right to take possession of land in America as any other nation, as we had already declared. Thus after similar debates the meeting was adjourned for the night.

October 18/8, Saturday. The governor and council met with regard to our dismissal. They once again requested that we show them our patent to the South River; we replied as before that we had not brought it with us, but referred that point to future commissioners on both sides, and we again withdrew. After they drew up their reply, we were called in and it was read aloud to us.

We then asked whether this document contained everything which they wanted to dispatch by us. They said that they had nothing else but persistence. We then inquired how we were to act concerning our soldiers; whether all further hostility and encroachments should cease, and might we safely return our garrisons and soldiers, or should we continue to keep them there? They replied that we should do what we thought best in the matter and they would do likewise. We answered that we then would continue to stand on our guard as we had declared and protested; and that we hoped that they would not carry out any clandestine or sudden attack as is usual in public and open war; but according to the custom of neighborly and public peace and alliances, first to give notice and warning that friendship has been terminated. They responded that they would act in the matter as would be most advisable. We also inquired about what was to be the understanding on the subject of our fugitives, and received the answer that they would by law constrain those who were indebted to pay, but that they did not intend to send them back because they considered the people in Delaware to be under their jurisdiction, and consequently they were not fugitives from the general and council of Manhattan. We replied that we too would adhere to lege talionis in order to treat their fugitives in a like manner. Thus we terminated our meeting and business.

The governor also asked what was meant by "Dutch Swedes" whom we so named in our declaration. We replied that the greatest number of them were employees of the Dutch under the Company's jurisdiction, and they were tolerated until they became so insolent as to attempt a seizure of Fort New Amstel, formerly Casimier, in a most treacherous manner. As a result the general and council were compelled to relieve the river of such double-dealing and hypocritical friends once and for all.

October 19/9, Sunday morning. After breakfast, we received their reply which had been completely written out by the secretary. We were given such a friendly farewell that we could only think that if it were in their power, they would be inclined towards a friendly accommodation, but that they first must have authorization for it from Lord Balthamoer or otherwise wait for such orders which he may send over this summer. I learned in a private conversation with the secretary, Philip Calvert, who is Lord Balthamoer's half-brother, that they expected something to that effect, although they knew not what, because last year Lord Balthamoer had ordered them to inform him about what had been done concerning the people of Delaware Bay, to which they had replied that they could not yet write concerning this, but that they intended to do this and that.

We also had some private conversations concerning the establishment of trade and commerce overland between Maryland and Delaware Bay, which I assured him could be easily established as soon as this dispute over the boundaries has been settled. I suggested that he notify his brother of it, so that he might engage himself in it in all equity. Because not only his province in general, but himself personally would be able to benefit by such trade, so that an effort might be made to establish a convenient passage overland for mutual exchange. He said that he would take it into consideration.

He also asked in particular about the hill which we had proposed in our declaration for a neutral meeting ground, where the Sassafrax River in Virginia and the creek which flows into the South River behind Reedy Island appear to have their source. We are to inform them in more detail about the hill or passageway at the first opportunity.

Finally we returned together from the Patuxen River to St. Marrys to our quarters at Mr. Symon Ooverzee's.

October 20/10, Monday. Nothing particular happened except preparing to dispatch things with Resolved Waldron to the South River and Manhattan.

October 21/11, Tuesday. Sent off the aforesaid Resolved Waldron on his return overland with the relations, papers and documents concerning our negotiations. I set out on my trip to Virginia to ascertain the feelings of the governor and others there concerning this matter, in order thus to make a diversion between them both; also, at the same time, to exonerate us of the aspersion which some people are trying to attach to us that we had incited the Indians to kill the English at Accomacq.

God grant that everything redound to the glory of His name and our common welfare and salvation, and that we may be guided by His Divine Majesty. Amen.

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.