COUNCIL MINUTE. INDIAN TITLES FOR LAND ON L. I.; INDIAN WHALERS, ETO.

At a Councell held in ye ffort Decemb* 29th 1670.

BEFORENOONE.

Prest The Governo Mr. Mayor Mr. Steenwyck The Secr.

Matters under consideraçon, about Mr. Deckers p'tences for Land upon Staten Island, for wch hee hath a Groundbrief.

It is consented unto, that hee shall have the Benefitt thereof, Provided that it bee no p❜judice to the Towne already settled, wch if it shall soe happen to bee, then hee shall have y° like quantity laid out in some other Place by y° Governo, hee beeing oblidged to settle the same in one yeares Time.

That in regard of ye paines & trouble the 8a Mr. Decker hath taken in coming out of Europe hither, the Governo' is willing to gratify him herein, although in strictness his right is elapsed.

About Mr. Mulfords Letter concerning yo confirmaçon of the Indyans Deed of sale & the Sachem elected by them, It is Ordered that a Commission of Confirmaçon bee sent to ye Sachem and two Constables Staves fitted for them according to the Request; And ye Deed of sale confirmed.

That a LettTM bee written to Southampton, to restrayne the selling of Strong Liquo' to the Indyans, and that the Penaltyes in the Lawes bee putt in Execution.

In answer to that part of Mr. Mulford's & Mr. James's Letter about Confirmation of their Deed from the Governo'; It is Ordered that a Lett' bee sent to ye Comm" for ye Indyan affaires who are to examine into the Equity of the Busynesse, & to make Report thereof unto the Governor.

AFTERNOONE.

Jno. Coopers Petiçon taken into consideraçon about the Indians Assisting in Whaling &c. The Ord' of ye Comms to bee confirmed & observed.

This Proposal of Compounding for ye Customes for what Goods that are Customable shall come to his hands. That for ye present, it is not found practicable soe y consideraçon thereof is to bee respited to another time.

The Papers delivered in Cort of Sessions from the Townes of flushing, Hempstead, & Jamaica taken into consideraçon.

The Opinion of ye Justices of y° Peace hereupon to be drawn up by To-morrow morning & an Order from y° Governor & Councell concerning the same.

Whereas there have beene lately made at Southampton by y Commission" for yo Indian affaires in yo East Ryding of Yorkshire upon Long Island severall orders Dated y° 6th 7th & 8th Dayes of December last, Two whereof doe more p'ticulerly relate to John Cooper of Southampton, & ye third both to himselfe & others engaged in ye designe of whale fishing who do imploye severall Indians thereabouts for their Assistance therein Upon Mature Deliberation & Consultation had hereupon, I doe wth ye Advice of my Councell approve of & Confirme what y Com's aforementioned haue done in their said orders, & do likewise recomend that Clause in y Ord of ye 8th of Decembe concerning what shall be given to ye Indians for their Service in that imploye to be punctually observed as long as it shall be found convenient & practicable, but wthall if it shall prove otherwise & that other agreements are p❜mitted to be made with ye Indians

for their worke by any p'son or Company I doe hereby graunt & allowe That John Cooper aforementioned who is said to be one of ye first that brought ye Indians to be serviceable in that designe have for his encouragem altogeth' as much libertye to make his Conditions with yo Indians for their Service as any oth' p'son or companye shall p'sume to take, & if he hath alreadye made any Agreement wth any of ye Indians upon this Account for any p'ticular Season or tyme p'cedent to what hath beene made wth them by others, ye first agreement is to stand good, & if yo Indians so agreed wth, do refuse to made good their engagemt they are not to be p'mitted to worke wth any others untill they have p'formed ye same.

Given und' my hand at ffort James in New Yorke this 29th day of Decemb' in yo 22th yeare of his Maties Raigne Annoque Dm. 1670.

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Whereas at ye last Gen Court of Assizes held at New Yorke, amongst many things there propounded & concluded on, It was thought requisite for ye welfare & safety of theise his R. Hss his Territoryes & Dominions, that ye ffort wthin this Citty being fallen to ruin by reason of ye decay of yo Pallisadoes should be taken into consideraçon & repaired, And that ye Justices of ye Peace at their next Court of Sessions should consult & conclude of ye ways and means whereby that worke should be put into execution, to ye case & satisfaction of ye Inhabitants, who then were to be acquainted with what was then determined to be ye most equitable way. But so it is that three Townes und' his R. Hss his Dominions That is to say flushing Hempsteed & Jamaica, having called each of them a Town meeting before ye matter was recommended to them from theire respective Justices of y Peace und whose Ryding they apperteyne & having at their said Towne meetings drawn up severall papers, ye wch they p'sented to ye Justices of ye Peace at ye Court of Sessions held at Jamaica, who p'using ye said papers they appeared in themselves so false scandalous & seditious that it was thought requisite to recommend ye consideration of ye said papers and libell to ye next Cort of Sessions to be held at Gravesend. To the end that all or most parts of ye Justices being there mett might take ye meritt of those scandalous papers into their consideration, weh being accordingly p'fourmed, Upon mature deliberation & consideration had thereupon they did unanimously conclude and adjudge that ye said papers were in themselves scandalous illegal & seditious tending only to disaffect all ye peaceable and well meaning subjects of his Mate in theise his Royall II his Territoryes & Dominions & thereupon declared, That this their resolution should be so p'sented to ye Governo & his Council to proceed upon it, as they should conceive would tend to ye suppression of such mischiefs as might arise by ye Impression or false suggestions & Jealousyes in ye myndes of peaceable & well meaning subjects, from their dutyes & obedience to ye Laws wthin theise his R. Hss his Territoryes & Dominions Now ye Governor & Councill having taken ye whole matter of fact into their serious considerations, They do agree that what ye Justices have declared at their meeting in ye Court of Sessions held at Gravesend ye 21th & 22th dayes of this instant month, and do adjudge that ye said Originall papers contrived & delivered from ye severall Townes aforementioned of flushing Hempsteed & Jamaica to be both scandalous illegal and seditious & yt ye said Originall papers be openly & publiquely burned before ye Towne house of this Citty at ye next Mayors Court to be held there, & yt ye principall contrivers thereof be inquired into & proceeded agt according to their demeritts & ye Lawes of ye Land Establish't, and that ye Mayor of ye City be desired to publish this Proclamation & see ye contents thereof put in Execution. Given und' my hand & sealed wth ye seale of y Colonye this 29th day of Decemb' 1670.

Copy of y original.

F. L.

Wee his Maties Justices of yo Peace wthin theise his R HS his Territoryes & Dominions being assembled togeth' according to ye Lawes establish't at yo Court of Sessions held at Gravesend for ye West Ryding of Yorkshire upon Long Island yo 21th & 22th days of Decemb' 1670, being assisted by some of ye Governors Councell & likewise of of brethren of y° North Riding having had y p'usall of Three papers p'sented at y° Court of Sessions at Jamaica ye weeke before from & in yo name of ye Townes of Flushing Hempsteed & Jamaica, Upon mature deliberation & consideration had thereupon, We have unanimously concluded & adjudged, That yo said Papers are in themselves false scandalous illegall & seditious tending only to disaffect all y° peaceable & well meaning subjects of his Mate in theise in his R HS his Territoryes & dominions, & do declare this to be our Sentiments & opinions, ye wch we humbly represent to his Honor y° Governo' & his Councell to proceed upon it as they conceive shall best tend to ye suppression of such mischiefs as inay arise by ye Impression of false suggestions & Jealousyes in y myndes of peaceable & well meaning subjects from their just dutyes & obedience to ye Lawes wthin theise his R H" his Territoryes & Dominions, And this we humbly p'sent attested und' our hands.

Francis Lovelace Esq' &c. Whereas It hath beene usuall & is found very convenient that some p'son amongst ye Indians should in their respective Tribes or Nations be as Chief or Sachem over y rest as well to keep them in y° bett' order as to be responsible for any mischeife they should happen to committ, & yo Indians neare Southampton in yo East Riding of Yorkshire upon Long Island comonly called ye Shinnacock Indians being destitute of such a p'son having nominated & elected ye Indian named Quaquashawge to be their Sachem who is likewise approved by y° English to be a fitt person amongst them for that purpose by reason of his quiett and peaceable disposition, I have thought fitt to Confirme & appoint ye said Indian Quaquashawg to be Sachem over ye Shinnacock Indians of ye wch they are all to take notice & obey him as their cheife & Sachem, Alwayes provided that he nor y° rest of his Indians doe not hereby p'sume to transgresse such orders & rules as are appointed for them to observe by y Com" of ye Indian affayres in those parts, but that he applye himselfe to keep his Indians in peaceable & good ord both amongst themselves & also amongst their neighbours. Given und' my hand & Sealed wth yo Seale of ye Province at ffort James in New Yorke this 2a day of January in yo 22th yeare of his Maties Raigne Annoque Dm. 1670-1. Recorded by Ord' of y° Governo'.

Anoth' Comon for a Sachem at East Hampton with a blanke to put in a name.

A Comission for an Indian Constable amongst yo Shinnacock Indians.

Whereas it hath beene proposed unto me that for ye bett' keeping of yo Indians in good order it would be requisite that one amongst them should be nominated and appointed as Constable, & that he may have a Staffe wth ye Kings Armes thereon by y° Reputation whereof ye rest of y° Indians may be kept in a more quiett & peaceable condiçon And having beene sued to for a Confirmation of a Sachem over y° Indians neare Southampton commonly called yo Shinnacock Indians yo wch accordingly I have graunted I do also hereby allow of ye Indian called Cawbutt who is recomended to be a person of a peaceable temper to be Constable amongst ye said Shinnacock Indians, & that he have a Constables Staffe as is desired. He is by vertue of his office to keep his fellow Indians in good order, & to suffer no violence or abuses to be offer'd amongst them by Excesse of Drinke or otherwise, & wthall to obey his Sachem, & to observe ye Rules & orders appointed by y° Com" for y° Indian affaires there for yo doeing Whereof this shall be his warrant. Given under my hand at ffort James in New York this 4th day of January in yo 22th yeare of his Mates Raigne Annoque Din 1670–1.

Recorded by order of ye Governo".

Anoth' warrt for a Constable at East Hampton wth a blanke.

Whereas Severall Complaints have beene made unto me from ye Townes in yo East Ryding of Yorkshire upon Long Island of divers abuses comitted by y° Indians amongst themselves & sometymes amongst Christians, occasioned by their inordinate & Excessive drinking of Strong Liquors whereof blood shed hath often ensued, & frequently great danger of murther to be comitted, And there being likewise oth' Complaints that yo Indyans doe p'fourme outward worship to y° Devill by Powowing in or neare y Townes, y wch is contrary to ye Laws Establisht in theise his R. Hss Territoryes & dominions, These are to require all officers of Townes or others whome this may Concerne that they Cause y° Lawes prohibiting y abuse of selling Liquor to ye Indians to be put in Execution & that ye best course be taken to restraine these exorbitances they are thereby subject unto, & also that ye Indians be not suffered to Powow but ye Laws in that Case be also followed, with this Provisoe that such p'sons who Imploy Indians in their whaling designe may have libertye to give them encouragemt by affording them some small quantityes of Strong Liquor for their reliefe and that it be done wth such moderation that no disord' or abuse do come thereby. Likewise that ye Indian Sachems of Shinnacock and Meantaukett have some priviledge more then ordinary Concerning ye Receiving or disposall of y° like small quantityes of Liquors to such Indians as they thinke deserve well of them. Given und' my hand at ffort James in New Yorke this 4th Day of January in y° 22th yeare of his Matles Raigne Annoque Dm 1670-1.

Whereas I have thought fitt to graunt & order Severall matters relating to yo Indians of Shinnacock & Montaukett as also Concerning those imployed in yo whale fishing, & yo abuse of selling stronge Liquors to ye Indians & their Powowing all wch graunts & orders are Sent by ye hands of Mr. John Cooper of Southton. These are to require yo" upon sight thereof that you forthwith Cause ye Same to be publisht in ye Severall Townes of Southampton & East hampton & partes adjacent, & for what relates to ye Indians that you desire Mr. James & Mr. Stanton or Some oth's well acquainted with ye Indian Language to interprete those matters unto them & likewise acquaint them with my pleasure herein, & for so doeing this shall be yo' warrant. Given und my hand at fort James in New Yorke this 5th day of January 1670-1. To Mr. John Jennings, Marshall of y° East Ryding.

At a Councell held in y ffort

Janty 11th 1670-1.

Pres'. The Governo. Mr. Mayo". Mr. Steenwyck. The Secretary.

The Matt between Rich Smith & Huntington, Two Persons coming from Huntington about their Bills of Charge first considered of, declaring not to have received the Copies of the Orders sent them.

The Ord's made hereupon were read. To be considered of.

The Superiour Offics & Souldyers Petiçon for Lands at Staten Island. The first Condiçons read, wth ye Petition of 10 or 11, who had a Reference upon their Petiçon from Coll: Nicolls. Two Peticons to ye Governor now present read.

Those that are capable to settle, to consider amongst themselves how many of them are soe,

& to propose how they will proceed to manure the Land they expect.

The Surveyo' to bee consulted wth Seatalcott Busynesse, Mr. Lane appears for them.

Its desired to have Liberty to Purchase for 11 of them at y° South, for yo Convenience of the Whale-fishing, & for ye Meadow.

Mr. Lane makes Proposall for to have Liberty for himselfe & Mr. Woodhull to purchase & settle two ffarmes at the Wading Place.

To the first Proposall, That it bee granted that they have Liberty to purchase of the Indyans, after which they shall have soe many acres as is desired, for an Encouragem of Planting, & the whale-ffishing; So that it doe not debarr the Towne from Commonage nor the Meadow each Lott hath at the South.

To ye 2a That they bee gratifyed therein for their own Accomodaçon, & for the Reliefe of Strangers passing that way, They paying for it, & keeping an Ordinary.

A Copie of Huntingtons Bill of Charge against Smith to bee sent to Mr. Wells, & hee to returne Answer what is usuall to bee allowed upon such Occasions.

Whereas I have Rec'd a Petition from Severall psons of ye Towne of Brookhaven als Seatalcott being in number Eleaven whose names are hereaft' wrytten that they may have libertye to make purchase of a certaine peice of Land to ye south wthin ye Lymitts & bounds of their Pattent ye wch hath not as yett beene bought of ye Indian Proprietors, ye said persons alleadging their p'sent want of accomodation for their stocks & proposing to plant & settle thereupon. It being a place where likewise they can ye better prosecute yo designe of Whale fishing. These are to certifye all whom it may concerne that for an encouragem to planting as also of ye Whale fishing designe, I do hereby graunt unto ye said persons Lycense to purchase at ye place aforesaid each of them ye quantitye of one hundred acres of Land woodland & meadowe togeth' as it shall happen to fall out, ye wch when they shall have accomplished & make retorne thereof unto me I shall give them a furth Assurance for ye same. Alwayes provided that this shall no wayes debarre ye rest of ye Towne from their Comonage in ye woods or meadow ground already laid out for each Lott at ye South, ye wch by vertue of this Graunt is no way to be encroach' upon. Given und my hand & seale at ffort James in New Yorke this 12th day of January in y° 22th yeare of his Maties Raigne Annoque Dın 1670–1.

These are to certifye all whome it may Concerne that this day ye Governor hath given a graunt unto Mr. Daniell Lane & Mr. Richard Woodhull of Seatalcott, for to have each of them a farme at ye Wading Ryver but thinks fitt to respite their Lycence of Purchase & Pattent until he shall bee satisfyed of ye quantitye & qualitye of ye meadow there, This I was ordered to enter upon ye Records, Dated at New Yorke this 12th day of January 1670-1.

Gentlemen.

A LRE TO Ye INHABITANTS OF HUNTINGTON.

Here have beene wth ye Governo' Mr. Isaack Plott & Mr. Thomas Powell from yo' Towne about yo' bill of Charges & other matters relating to yo' suite wth Richard Smith, as to ye latter its much admired they came not to yo' hands before your neighbours came away, two severall copies have beene sent, & amongst ye rest wth ye Last ye bill of charges as farre as ye Lawe directs, where no Damage is given, wch indeed is very little considering yo' farr greater charge & trouble, But yo" may expect some oth' allowance ye weh cannot at p'sent be certifyed unto yo" but ye Governour and his Councell intend to take it into their furth' consideration to send yo" their result by y° next opportunitye, I am

Your Very Loving friend

M. NICOLLS.