History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 92

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706

USA > Massachusetts > Plymouth County > History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 92

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and persecutions, and of not persecuting the Quakers so furiously as the Massachusetts Colony. But Scit- uate stands alone and in grand contrast with all the other communities in these two colonies in her opposi- tion to that persecution. In fact, she suffered persecu- tion for her opposition to persecution, for her deputies, Mr. Hatherly and Mr. Cudworth, were refused ad- mission to the Colony Court, and suffered much from the tyranny and bigotry of the government. And this simply because they protested against persecution. The people of Scituate sustained Mr. Hatherly and Mr. Cudworth, and a letter, written by Mr. Cud- worth, is here given to show not only his feeling and opinion, but also to show that the community he represented agreed with him. The letter also refutes the charge that his pastor, Mr. Dunster, was a perse- cutor. For these reasons it is here inserted :

" As to the state and condition of things amongst us, it is sad, and so like to continue. The anti-christian, persecuting spirit is very active, and that in the powers of this world. He that will not lash, persecute, and punish men that differ in matters of religion must not sit on the bench, nor sustain any office in the Commonwealth. Last Election Mr. Hatherly and myself were left off the bench, and myself discharged of my Captainship because I had entertained some of the Quakers at my house, thereby that I might be the better acquainted with their principles. I thought it better to do so than with the blind world to censure, condemn, rail at, and revile them, when they neither saw their persons nor knew any of their principles. But the Quakers and myself cannot close in diverse things, and so I signified to the Court; but told them, withal, that as I was no Quaker, so I would be no persecutor.

" This spirit did work those two years that I was of the Magistracy, during which time I was on sundry occasions forced to declare my dissent in sundry actings of that na- ture : which altho' done with all moderation of expression, together with due respect unto the rest, yet it wrought great disaffection and prejudice in them against me: so that they themselves set others to frame a petition against me, so that they may have a seeming ground (though first moved by themselves) to lay me under reproach. The petition was with nineteen hands : it will be too long to make rehearsal. It wrought such a disturbance in our town, and in our mili- tary Company, that when the act of Court was read at the head of the Company, had I not been present and made a speech to them, I fear their would have been such actings as would have been of sad consequence. The Court was again fol- lowed with another petition (counter) of fifty-four hands : and the Court returned the petitioners an answer, with much plausi- bleness of speech, carrying with it great show of respect to them, readily acknowledging, with the petitioners, my parts and gifts, and how useful I had been in my place, professing that they had nothing against me, only in that thing of my giving enter- tainment to the Quakers."

(Here follow extracts of the laws against the Quakers, etc.)

" All these carnal and anti-christian ways, being not of God's appointment, effect nothing to the hindering of them in their course. It is only the word and the Spirit of the Lord that is able to convince gainsayers. They have many meetings and many adherents,-almost the whole town of Sandwich. And give me leave to acquaint you a little with their sufferings, which is grievous, and saddens the hearts of most of the pre-

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HISTORY OF PLYMOUTH COUNTY.

cious saints of God : it lies down and rises up with them, and they cannot put it ont of their minds when they see poor fam- ilies deprived of their comforts, and brought into pennry and want. As for the means by which they are impoverished,-they were, in the first place, scrupulous of an oath ; why, then, we must put in force an old law : they must all take the oath of fidelity. This being tendered, they will not take it ; then they must pay five pounds, or depart the Colony in such a time; when the time comes, the Marshall goes and fetcheth away their cews and other cattle; another court cemes, they are required again to take the oath,-they cannot,-then five pounds more. A poor weaver that had 7 or 8 small children had but two cows, and hoth were taken from him. The Marshall asked him what he would do, and the man said that ' God, who gave him them, he doubted not, would still provide for him.'

"The last Court of Assistants was pleased to determine fines on Sandwich men for meetings, one hundred and fifty pounds, whercof W. Newland is twenty-four pounds for himself and wife, at ten shillings a meeting; W. Allen, forty-six pounds ; the poor weaver afore spoken of, twenty pounds. Brother Cook told me one of the brethren of Barnstable was in the weaver's house when cruel Barloc (Sandwich Marshall) came to demand the sum, and said he was fully informed of all the poor man had, and thought it not worth ten pounds. What will be the end of such courses and practises the Lord only knows. I am informed of three or fourscore last Court presented for not coming to publick meetings, and let me tell you how they brought this about. You may remember a law once made, called Thomas Hinckley's law, ' that if any neglect the worship of God in the place where he lives, and set up a worship con- trary to God and the allowance of this Government, to the pub- lick profanation of God's Holy Day and ordinances, he shall pay 10 shillings.' This law would not reach what then was aimed at, because he must do all things therein expressed, or else break not the law. In March last a Court of Deputies was called, and some acts touching Quakers were made, and then they contrived to make this law serviceable to them hy putting out the word 'and' and putting in the word 'or,' which is a disjunctive, and makes every branch to become a law ; yet they left it dated June 6, 1651, and so it stands as an act of the Gen. Court, they to be the authors of it seven years before it was in heing ; and so yourselves have a share in it, if the Record lie not.

" We are wrapped up in a labyrinth of confused laws, that the freeman's power is quite gone, and it was said last June Court by one that he knew nothing the freemen had there to do. Sandwich men may not go to the Bay lest they be taken up for Quakers,-warrants lie in ambush, to apprehend and bring them before a Magistrate, to give an account of their business. Some of the Quakers in R. I. came to bring them goods, and that on far more reasonable terms than the profess- ing and oppressing Merchants of the County ; but that will not be suffered. And truly it moves bowels of compassion in all sorts, except those in place, who carry it with a high hand to- wards them. Through mercy, we have yet among us the worthy Mr. Dunster, whom the Lord hath made boldly to bear testimony against the spirit of persccution.

"Our bench now is Thomas Prince, Gov., Mr. Collier, Capt. Willet, Capt. Winslow, Mr. Alden, Lient. Southworth, W. Brad- ford, Thomas Hinckley. Mr. Collier, last June, would not sit on the bench if I sat there, and now will not sit the next year unless he may have thirty pounds to sit by him. Our Court and Deputies last June made Capt. Winslow Major. Surely we are all mercenary soldiers that must have a Majer imposed upon us. Doubtless, the next Court, they may choose us a Governor, and Assistants also; a freeman shall need to do no-

thing but bear such burdens as are laid upon him. Mr. Alden hatlı deceived the expectations of many, and indeed lost the affections of such as I judge were his cordial Christian friends, who is very active in such ways as I pray God may not be charged upon him to be oppressions of a high nature.

" JAMES CUDWORTH."

Lawyers .- Edward Foster was the first lawyer in Scituate. He was one of the earliest scttlers, being the first to whom a lot was assigned on Kent Street, and one of the original members of Mr. Lothrop's church. He and John Hoar, who removed to Con- cord in 1659, had practiced that profession in Eng- land, but it is not likely they found it lucrative here.

Their presence in the new settlement insured the correet transaction of much important business, and they were invaluable citizens.

John Saffin was the next lawyer. He was in Seit- uate in 1653. In 1660 he bought the farm of John Hoar which adjoined his other lands. He removed to Boston, and was elected representative in 1684, and Speaker of the House in 1686. Afterwards he re- moved to Bristol County, where he was judge of pro- bate for a few years, and in 1701 was appointed judge of the Superior Court for Massachusetts.

John Barker, who was a soldier and wounded in King Philip's war, is spoken of as a lawyer in Scit- uate in 1674 and practiced there subsequently.

Thomas Turner began practice about 1690, and was an eminent lawyer. Among his descendants were Hon. Charles Turner, M.C., and Hon. Samuel A. Turner, now over ninety years of age, a man of large mental powers still in almost unimpaired vigor.

John Cushing began his legal career about 1680. He was justice of the Inferior Court for Plymouth County from 1702 to 1728, and judge of the Superior Court from 1728 to 1737.

John Cushing, son of the above, commenced prac- tice about 1725; was judge of probate about eight years, and judge to the Superior Court from 1747 to 1771, when he resigned and was succeeded by his distinguished son, William Cushing, upon whom the degree of LL.D. was worthily bestowed.

William Cushing began practice about 1754 iu Maine, then a part of Massachusetts, and was after- wards judge of probate for Lincoln County, and ap- pointed judge of the Superior Court for Massaehu- setts in 1772, and must soon after have moved back to Scituate, as we find him taking part in town affairs in 1776, drafting patriotic resolutions. In this he was singularly patriotic, being the only member of that Court which adhered to the patriot eausc. These judges had received their appointments under royal authority, and should not be censured too severely for

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HISTORY OF SCITUATE AND SOUTH SCITUATE.

their allegiance to the crown. But all the brighter shines the exalted love of country in William Cush- ing, who could break over all obstacles, surrender offi- cial position if necessary, and cast in his fortunes and risk his life for the cause of freedom. He had more to sacrifice and more to risk than others. It was a desperate struggle against one of the great powers of earth. If it miscarried he would lose all and would be a marked object of the royal displeasure because of his great ability and the office he had held under the king. When the Superior Court was reorgan- ized under the State government he naturally became chief justice of that Court. When the Supreme Court of the United States came into existence he was appointed by Washington one of its justices. He presided over that court during the absence of Chief Justice Jay, and when Jay resigned, was appointed and unanimously confirmed for chief justice in 1796, but on account of infirm health he declined the honor. He continued on the bench, however, until he resigned in 1810. Mr. Deane, to whom he was personally known, thus describes him :

" In person he was of middling stature, erect and graceful, of form slight, of complexion fair, of blue and brilliant eyes and aquiline nose. His oratory was ready and flowing, but not of that overawing description with which some native orators of more fiery mould would have transported audiences ; but its excellence consisted in cool, deliberate judgment and logical and lucid argumentation, which gave him eventually an advantage over those of more ardent temperament. As a judge, he was eminently quali- fied by his learning, and not less by his unshaken in- tegrity and deliberate temper. The writer of this notice first saw him on the bench in 1801, when his zenith brightness had probably abated, but he still remembers how forcibly his youthful mind was af- fected by the order and perspicuity with which he per- formed the duties of his high office, and the inild though commanding dignity with which he guided the bar. In private life he was all that was amiable. He was a learned theologian, an exemplary Christian, irreproachable as a public character." The foregoing description of this distinguished jurist by Rev. Mr. Deane may be depended upon as reliable. Judge Cushing was childless. His house was on the south- erly side of Walnut-Tree Hill, or the northerly side of the road from South Scituate to Scituate harbor. It is to be regretted that this venerable mansion with such associations was destroyed by fire a few years ago.

David Little was in practice in 1708, but of him, as a lawyer, we can learn little.

George Little, of Marshfield, was a lawyer in Scit- uate a hundred years later, from 1807 to 1811.

John Thaxter, of Hingham, a lawyer of brilliant talents, was in Scituate in 1817, and died there in 1825.

Ebenczer T. Fogg, from Braintree, was a lawyer in Scituate from 1821 to his death, in 1860.

Scth Webb, Jr., of Scituate, was a lawyer of bril- liant promise and greatly respected. He was in prac- tice in Boston and in Scituate for many years, and yet too few, dying in 1861, a comparatively young man.

Daniel E. Damon, a native of Scituate, was admit- ted to the bar in 1858, and removed to Plymouth in 1859, where he was register of probate from 1859 to 1884, a longer period of time than that office was held by any other person. He is still in practice of law in Plymouth.

Hon. George Lunt, Oramel S. Senter, and Edward O. Cooke are the able and estimable members of the bar now resident and practicing in the town of Scitu- ate. Mr. Lunt is eminent in the literary world as well as in law. Mr. Cooke has also an office in Bos- ton, where he enjoys an extensive practice. It is believed that the foregoing list includes all who have practiced law in Scituate.

Physicians .- It is a little more difficult giving a sketch of the physicians than of the lawyers.

At the first the clergymen ministered to the bodies as well as the souls of their parishioners.

Dr. Isaac Otis was the first regular physician that settled in the town, and so highly did the town ap- preciate the advantages of having the services of such a skilled professional man they " voted a settlement of £100 to encourage him to remain in town." In these days the doctors need to be offered no such in- ducements. This vote was in 1719, and indicates the time when he commenced practice.

Dr. Benjamin Stockbridge commenced practice about 1730, and was a man of high reputation in his profession, traveling as consulting physician in diffi- cult cases as far even as Worcester. Such journeys in those days were no trifles. A physician could go to New York for consultation now easier than to Worcester then.

Dr. James Otis, son of Dr. Isaac Otis, began prac- tice about 1760.

Dr. Ephraim Otis, after practicing in Taunton, settled in the west part of Scituate, where he con- tinued in practice until near the time of his death, in 1814.

Dr. Charles Stockbridge, son of Dr. Benjamin Stockbridge, began practice about 1765. The mantle

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of his father seemed to fall upon shoulders fully worthy of wearing it.

Dr. Cushing Otis, son of Dr. James Otis, com- menced practice in 1792, and is well remembered by many of the Scituate people now living as a famous doctor. It is a little remarkable that for nearly a century the families of Otis and Stockbridge enjoyed the monopoly of physicking the people of Scituate.

Dr. Samuel Barker was in Seituate in 1787, but subsequently he removed to Pembroke.

Dr. Freeman Foster began the practice of his pro- fession in 1802, and continued until near the time of his death, a very long period, adliering to the last to the old practice of riding on horseback to visit his patients. He was the last of the saddlebag doctors.

Dr. David Bailey commenced about 1796. This kindly old doctor is gratefully remembered.

Dr. Peleg Ford was in practice about seven years, -1805 to 1812.

Dr. Elisha James commeneed in 1808.

Dr. Milton Fuller in 1826.

Dr. Charles Stockbridge, after first practicing in Boston, came to Scituate for a time.

Dr. T. H. Dearing began practice about 1850, and is now in practice in Braintree.

Dr. A. E. Stetson began practice about 1848, sub- sequently removed to Dorchester, where he died.

Dr. H. C. Vose practiced in the west part of the town somewhat for a few years, about 1860.

Dr. Shurtleff was also at West Scituate a short time.

Dr. Francis Thomas, who began practice about 1830, was a popular physician in Scituate for many years, dying there a few years ago.

Dr. Vinal and Dr. Brownell are now in the full tide of successful practice in Scituate and South Scitu- ate at the present time. Scituate has always been well served by well-read and skillful physicians.

Character of the People .- An examination of what remains of the literary efforts and public doeu- ments of the earliest settlers of Scituate furnishes evidences that they were men of good education, cul- tivated tastes, and vigorous thought. Deane says of them, " Many of the fathers of Scituate were men of good education and casy fortune, who had left homes altogether enviable, save in the single circumstance of the abridgment of their religious liberty. In 1639 this town contained more men of distinguished talents and fair features than it has contained at any period since. They were ' the men of Kent,' celebrated in English history as men of gallantry, loyalty, and courtly manners. Gilson, Vassall, Hatherly, Cud- worth, Tilden, Hoar, Foster, Stedman, Saffin, Hinck-

ley, and others, had been accustomed to the elegancies of life in England."

The sons had not the advantages of the fathers in education, but mental culture was by no means neg- lected. The minister was the schoolmaster. Mr. Chauncey had been a professor in college in England, and he taught the youth of Scituate. Mr. Witherell had been a schoolmaster in Maidstone, in England, and it duplicated his usefulness to his people here.

That many of these planters were men of some wealth and much enterprise is shown in what they undertook. To erect mills and bring machinery, as they must, froin England for their equipment were then large enterprises. Within twenty-five years of the first settlement five mills had been built,-Wil- liam Gilson's, in 1636 ; Isaac Stedman's, 1640 ; James Torrey's, 1653; John Stockbridge's, 1650 ; Robert Stetson's, 1656.

We have shown what rapid advancement Scituate made in wealth and population during its first years, and the question naturally arises why this advance has not been continued in the later generations. The obvious answer is, that the enterprise of the town, its pushing business men, entered upon lines of busi- ness wherein the elements and old ocean fought against them, closed the entrance to the harbor and river, to the virtual exclusion of navigation, and sent the skill and enterprise of the town to more favored locations for that kind of business. We must record in this connection also the fact that the fathers, hav- ing the means to do so, became the owners of slaves. Also that human slavery left a larger stain upon the town of Scituate than perhaps upon any other town in this region. Nearly all the families of wealth ap- pear to have owned slaves. At the first these were Indians captured in war, or for some alleged ill con- duct reduced to slavery. They captured these human chattels. Later, Africans were introduced, and their freed descendants are numerous in the two towns to- day. In 1764 there were one hundred and seven African slaves owned in Scituate, and only thirteen Indian slaves. But the spirit which led to the peopling of New England was one that could not survive in connection with this crime against hu- manity, and was too strong for human selfishness even. It triumphed in the liberation of slaves here, and now the whole broad land is free.

Much attention has always been paid to education, and for moral worth and intellectual culture it may be fairly elaimed that the people of Scituate need not fear comparison in any of their generations with the people of any other community.

Agriculture .- The early settlers, like all dwellers

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HISTORY OF SCITUATE AND SOUTH SCITUATE.

in a new land, depended largely upon the products of the soil for their support. Much of the land is too rocky or too wet for cultivation, but the greater part is excellent farming land. This is especially true of the land near the harbor, that lying between Col- man Hills and the salt marshes, all the land bordering on the North River, from its sources to its mouth, the westerly part of the town, the Conihasset tract, and the cliffs. The Indian planting-fields were doubtless first utilized. But farming was then car- ried on very differently from what it is in modern times. Herds of cattle were small, and forage for them was mostly gathered on the extensive salt marshes which lined the back side of the beach, and stretched away, mile after mile, up the river, and across from the High Hills to the Marshfield shore. From the regulations regarding them, it is evident that swine soon became abundant and cattle multi- plied. Indian corn was largely cultivated, and rye, oats, and beans. It is not probable that much atten- tion has ever been given to wheat or barley. The fruits were not neglected. How early the pear, cherry, quince, currant, and peach began to be culti- vated we have no means of learning, but it must have been quite early. Large orchards of apple-trees were always a feature of farm culture. A peculiarly sweet and delicious apple, ripening in the early part of September or last of August, called the " High- Top-Sweeting," was a fruit of much local celebrity, and was always raised in Scituate. No native of that town can ever forget the delicious dishes of baked apples and milk which these apples enabled him to enjoy. But the survivors of those " high-top trees" are growing annually more scarce ; no attention is being paid to their perpetuation, and this luscious fruit is in danger of being numbered among the things that were. Farming has been carried on with a con- siderable degree of enterprise by the people of Scitu- ate in all the generations.

From the sea-shore they draw immense supplies of fertilizers, cast up by the storms, and great attention in later years has been given to the raising of onions, cabbages, squashes, and other market-garden vegeta- bles. Among the most enterprising farmers of the present day may be mentioned Mr. Charles O. Elms, Mr. James W. Sampson, Mr. David S. Jenkins, and many others, for whose names there is not room, but who are entitled to like mention.

Fisheries .- These largely engaged the attention of the Scituate people. Alewives came up the North River and up the three herring brooks every spring, and were taken in immense numbers. It is said that in early times they ascended the Second Herring

Brook as far as Black Pond for spawning purposes, and the Third Herring Brook as far as Valley Swamp, upon the borders of Hingham. But the mill-dams erected at different points across these streams have excluded them from their old breeding-haunts, and the fisheries in these streams have gradually dwindled to insignificant proportions.

In the North River it was the habit of this fish, in its vernal visits, to ascend as far as the Indian Ponds. They still reach that point, being transported from below the obstructions on the streams, and the herring-fishery on the North River is still an impor- tant industry.

Mackerel-fishing has been a large business in Scit- uate. Its first beginnings were probably as early as 1633, when a fishing-station was there set up. Though cod-fishing was its main purpose, it seems scarcely possible that the mackerel were altogether neglected. At any rate, mackerel were so largely taken within the colony at unseasonable times that in 1670 the government found it necessary to interfere by statute for their protection. In 1680, Cornet Robert Stetson, of Scituate, and Nathaniel Thomas, of Marshfield, leased the privilege of the Cape Cod fishery. Mackerel-fishing was included in this. This fish was very abundant in the bay. Probably as early as 1700 this began to be a considerable business, and it grew to such proportions that in 1770 thirty vessels were fitted out for that business from the little harbor of Scituate. Some large catches were made. Vessels have been known to pack out a thousand barrels in a single season. Deane says that in 1828 more than fifteen thousand barrels were taken by the Scituate fishermen. In less than thirty years from that date the business had entirely ceased.

The extinction of this business and of ship-build- ing greatly affected the growth and prosperity of the old town. During the first ten years of the present century as many as ten vessels were annually built upon North River. With the loss of this business and of fishing departed the mechanics of the ship- yards and the sailors of the harbor. A new industry, the gathering of moss on the shore, has within a few years grown up along the cliffs and rocks, and gives that locality an air of business.

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History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 92

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1884 Publisher: Philadelphia, J.W. Lewis & co. Number of Pages: 1706

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706