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Articles Of Surrender Of New Netherland

Ah, the surrender. A rather tedious affair, isn't it? All these carefully worded pronouncements, meant to smooth over the inevitable unpleasantness. Still, if you insist on dissecting the minutiae, I suppose I can oblige. Just try not to expect any… enthusiasm.

1664 Surrender Document

This document, a rather protracted piece of parchment detailing the transfer of New Netherland on the 27th of August, Old Style, Anno 1664, is less a grand pronouncement and more a meticulously negotiated exit strategy. It’s titled, rather drily, The Articles of Capitulation on the Reduction of New Netherland. One imagines the ink was barely dry before the actual reduction was well underway. It formally handed over the reins of the Dutch Republic's colonial venture to the ascendant Kingdom of England.

Director-General Peter Stuyvesant, a man who likely fumed silently behind his stern facade, eventually acquiesced. This concession paved the way for the rather anticlimactic capture of New Amsterdam by Richard Nicolls, who, as a direct consequence, became the inaugural Governor of the Province of New York. A simple, brutal chain of events, really. [1]

The Dutch side, in their desperate bid to salvage something from the wreckage, leaned heavily on the legal acumen of Stuyvesant's lawyer, Johannes de Decker. The negotiations, conducted from the rather picturesque, if now rather compromised, setting of Stuyvesant Farm, resulted in a document that, in its own way, functioned as a proto-bill of rights for the beleaguered residents. De Decker, signing on an English ship bobbing ominously in the harbor, managed to secure a surprising number of legal protections and freedoms. It’s almost amusing to note that many of these protections, painstakingly extracted in this moment of Dutch defeat, would later find echoes in the very foundations of American governance, specifically the Declaration of Independence and the American Constitution. [2] A rather ironic legacy, wouldn’t you agree?

The signatories themselves paint a picture of the fractured allegiances and precarious power dynamics of the era. Twelve individuals put their names to this document: six representing the English and their New England colonial interests, and six representing the various Dutch factions – the Council of New Netherland, the West India Company, and the local Dutch populace, the New Netherlanders.

For the most part, the English honored these terms during the subsequent conquest of New Netherland. “For the most part” being the operative phrase, of course. The mistreatment of Dutch prisoners of war at New Amstel serves as a rather stark reminder that paper promises often dissolve when faced with the harsh realities of conquest.

Signatories

The capitulation, the rather ignominious surrender of Peter Stuyvesant in New Amsterdam, as depicted by Charles Hemstreet, was a complex affair involving representatives from both sides.

English Side:

  • Sir Robert Carr (officer) – A man of some military standing, no doubt.
  • George Cartwright (officer) – Another cog in the English military machine, ensuring compliance.
  • John Winthrop (Connecticut) – Representing the interests of a burgeoning English colony, eager to expand its influence.
  • Samuel Willys, (Connecticut) – Another voice from Connecticut, solidifying the English claim.
  • Thomas Clarke (Massachusetts) – Bringing the weight of the influential Massachusetts Bay Colony to bear.
  • John Pincheon (Massachusetts) – Further reinforcing the English presence from Massachusetts.

Dutch Side:

  • Johannes de Decker (Council of New Netherland) – The legal architect of the Dutch concessions, a man who understood the value of words, even in defeat.
  • Nicholas Verleet (Council of New Netherland for trade) – Concerned, no doubt, with the economic ramifications of this shift in power.
  • Samuel Megapolensis (Council of New Netherland, med. doc.) – A medical doctor, perhaps offering a pragmatic, if grim, perspective on the situation.
  • Cornelius Steenwyk (burgomaster) – A prominent local official, representing the concerns of the town's leadership.
  • Oloff Stevens van Cortlandt (old burgomaster) – A figure of experience, a former leader whose voice carried weight.
  • James Cousseau (schepen) – Another local magistrate, ensuring the voices of the Dutch populace were, at least officially, heard.

Text

Here begins the rather dry, legalistic prose that dictated the fate of a province. It’s a testament to the Dutch negotiators that so much was preserved, even if it was under duress.

  1. September 29, 1664. This is where the City and Fort Amsterdam, along with the entire Province of the New Netherlands, were formally surrendered, placing them under the obedience of His Most Excellent Majesty. The agreement was reached and concluded on the 27th day of September, 1664, by the undersigned Commissioners acting on behalf of Richard Nichols, Esq., Deputy Governor for His Royal Highness the Duke of York, and Peter Stuyvesant, acting in the name of the States General of the United Belgic Provinces and the West India Company, as Governor of the said Town and Fort and General of that Province. This agreement was ratified and confirmed by their signatures on the 29th day of the aforementioned Month and year.

    We consent that the States General, or the West India Company, shall retain full ownership of all farms and houses, with the explicit exception of those located within the forts. Furthermore, they shall have the liberty to transport all their existing arms and ammunition within a six-month period. Alternatively, these items shall be paid for at their value.

  2. All public houses shall continue to serve their current functions. A simple clause, yet it speaks to the desire for continuity in the daily lives of the populace.

  3. All inhabitants shall remain free Denizens, retaining their rights to their lands, houses, goods, and ships, wherever they may be situated within this territory. They shall have the freedom to dispose of these possessions as they see fit. This is, perhaps, the most crucial clause, preserving a semblance of personal security.

  4. Any inhabitant wishing to relocate shall be granted a period of one year and six weeks from this date to move themselves, their wives, children, servants, and goods. They will also be permitted to dispose of their land holdings here within this timeframe. This acknowledges the disruption and offers a window for orderly departure. [2]

  5. Should any officer of the state or public minister wish to depart for England, they shall be provided with passage, free of charge, on His Majesty’s frigates when those vessels are scheduled to return. A small comfort for those in positions of authority.

  6. It is agreed that individuals may freely immigrate from the Netherlands to settle in this country. Furthermore, Dutch vessels shall be permitted to trade here freely, and any Dutch citizens may return home or arrange for the passage of other Netherlanders back to their country on vessels of their own nationality. This clause aims to maintain some level of connection and facilitate movement between the motherland and the colony.

  7. All ships arriving from the Netherlands or any other location, along with their cargo, shall be received here and permitted to depart in the same manner as they were prior to our arrival. This arrangement shall remain in effect for six months following the date of this agreement. A temporary reprieve for established trade routes.

  8. The Dutch residents shall be permitted to enjoy their established customs regarding freedom of conscience in matters of Divine Worship and Church Discipline. This is a vital protection, safeguarding religious practices in a new, potentially intolerant, regime.

  9. No Dutchman residing here, nor any Dutch ships present, shall be compelled, under any circumstances, to serve in military actions against any nation whatsoever. A clear stipulation against being drawn into English conflicts.

  10. The townsmen of Manhattan shall not have soldiers quartered upon them without proper compensation and payment to their officers. In the event that the fort is incapable of housing all the soldiers, the Burgomaster, through his officers, shall designate suitable houses for their accommodation. This clause seeks to prevent the burden of billeting from falling unfairly on the civilian population. [3]

  11. The Dutch inhabitants shall retain their traditional customs concerning their inheritances. This ensures that established legal practices regarding property transfer remain in place.

  12. All public writings and records pertaining to inheritances, the regulation of the Church, or the care of the poor and orphans shall be meticulously preserved by those currently in possession of them. Furthermore, any documents specifically concerning the States General may be transmitted to them at any time. This clause emphasizes the importance of maintaining official records and facilitating communication with the Dutch government.

  13. No judgment rendered by any court within this jurisdiction shall be subject to review or challenge. However, if any individual believes they have not received justice, they may appeal to the States General, and the opposing party shall be obligated to address the alleged grievance. This establishes a dual system of recourse, offering a final appeal to the Dutch authorities.

  14. Any Dutch resident wishing to travel or engage in trade in England, or any other territory or plantation under the dominion of His Majesty of England, or with the indigenous peoples, shall be granted a certificate upon request to the Governor, confirming their status as a free Denizen of this place, and shall be granted the liberty to do so. This facilitates movement and commerce for those who choose to remain.

  15. Should it be demonstrated that the Town of Manhattan has outstanding public debts, and a viable plan for their satisfaction has been agreed upon, it is stipulated that this plan shall proceed, and the engagements shall be honored. This addresses the financial obligations of the town. [4]

  16. All existing civil officers and magistrates shall continue in their positions as they are currently serving, provided they choose to do so, until the customary time for new elections. At that point, new officials shall be elected by the populace. However, these newly elected magistrates must take an Oath of Allegiance to His Majesty of England before assuming their duties. This ensures a smooth transition of local governance while asserting English sovereignty.

  17. All disputes concerning contracts and bargains made prior to this date within this territory shall be adjudicated according to Dutch legal customs. This clause preserves existing commercial agreements under their original legal framework.

  18. If it can be proven that the West India Company of Amsterdam owes any sums of money to individuals residing here, it is agreed that recognition and other duties payable by ships destined for the mother country shall continue to be collected for an additional six months. This provision is linked to the settlement of debts owed by the West India Company.

  19. Military officers and soldiers shall be permitted to march out with their arms, drums beating, colors flying, and matches lit. Furthermore, any soldier wishing to settle here shall be granted fifty acres of land. Those who choose to serve as indentured servants shall do so with full safety and protection, becoming free Denizens thereafter. This clause outlines the terms of departure for the military and offers incentives for those who wish to remain as civilians.

  20. Should the King of Great Britain and the States General of the mother country mutually agree at any future time for this place and country to be returned to the dominion of the said States, it shall be immediately relinquished upon receiving His Majesty's command to do so. This clause, of course, became moot with subsequent events, but it was a point of negotiation.

  21. The Town of Manhattan shall have the right to elect deputies, and these deputies shall possess free voting rights in all public affairs, on par with any other elected deputies. This ensures continued representation for the town.

  22. Individuals holding property rights in houses within the fort of [Aurania] shall have the option to dismantle the fortifications there if they choose. Upon doing so, they shall retain full ownership of their houses, similar to all other property owners in areas without fortifications. This clause addresses the future of the fort itself.

  23. If any soldiers wish to return to Holland, and either the West India Company of Amsterdam or private individuals here are willing to transport them, they shall be provided with a safe passport by Colonel Richard Nicholls, Deputy Governor under His Royal Highness, and the other Commissioners. This passport will protect the transporting ship and its cargo from any surprise seizure or acts of hostility by His Majesty’s ships or subjects. This ensures safe passage for those choosing to return to Europe.

The copy of the King’s grant to His Royal Highness, and the copy of His Royal Highness’s commission to Colonel Nicholls, attested by two Commissioners present and Mr. Winthrop, shall be delivered to the Honorable Mr. Stuyvesant, the present Governor, on Monday next at six o'clock in the morning at the Old Mill. These Articles, having been consented to and signed by Colonel Richard Nicholls, Deputy Governor to His Royal Highness, shall take effect. Within two hours after this, the fort and town known as New Amsterdam, situated on the Island of Manhattan, shall be delivered into the hands of the aforementioned Colonel Richard Nicholls by such individuals as he shall depute for this purpose, under his hand and seal.

I give my consent to these articles.

Richard Nicholls.

It’s a rather exhaustive list, isn’t it? One can almost feel the exhaustion seeping from the very pages.

See Also