USA > Massachusetts > Plymouth County > Scituate > History of Scituate, Massachusetts, from its first settlement to 1831 > Part 11
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" But in the last place, as that which we conceive doth not only allow the reason of what we have said, but also requires it at our hands, is the proclamation of our gracious Sovereign made known at Plymouth, that 'we should enjoy our ancient liberties and privileges as before, not altering customs or Con- stitutions, till his royal pleasure be to give farther order,' which we understand nothing of as yet. If these particulars cannot be granted, we require our deputies to do their endeavor that this dissent of our town, be entered on the publick records of Court."
The expected change alluded to in the above transactions took place at the close of 1686. Sir Edmund Andros arrived with a commission which vested in him and a council nomi- nated by the Crown, the government of all the New England Colonies. It has generally been stated that he arrived at Boston December 29, 1686. If so, there is a mistake in the records of Scituate, in the date of the first order in Council from Andros. It is as follows :
* Now Tiverton.
| Neck north of Swansey.
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AFFAIRS OF GOVERNMENT.
" By his Excellency the Gov. & Council.
"These are to declare and publish that all Officers Civil and Military, and the Officers of his Majesty's revenue, together with all duties and imposts, as now settled in this town of Boston, and other parts of this Government, are to continue till further order, and all persons are required to conform thereto accordingly.
" Given at the Council House in Boston "Dec. 20th, 1686.
VERA COPIA.
"EDWARD RANDOLPH, Secretary."
" Mr Cushing
" After due respects, pray be pleased to publish this in your town with convenient speed.
"WILLIAM BRADFORD, one of the "Council."
"The above said was published at a Town Meeting in Scituate the 20th day of January, 1686-7,
per me ISAAC BUCK, Town Clerk."*
It would be hardly proper in this local history to notice further the misrule of Andros and his Council, which lasted two years and four months; we will only remark that we are happy in being able to state, that no citizen of Scituate partook in his government; and that of the eight counsellors which were selected from Plymouth Colony, seven soon deserted him, and Nathaniel Clarke alone adhered to him. Clarke in April 1689, was seized and imprisoned by the people of Plymouth, nearly at the same time that the people of Boston imprisoned the Governor. After the suppression of the tyranny of Andros, the government of Plymouth resumed their administration as usual, and continued it nearly three years. We extract from the records of Scituate, their doings in answer to the advice of the Colony Council to resume the usual functions of govern- ment.
May 28, 1689, "The inhabitants of the Town of Scituate being met together, agreed as followeth :
"Wheras the Council held at Plymouth, May 1st, 1689, advised the several Towns to provide for a general Election at Plymouth, according to former Law and Usage, the Town of Scituate accept of the advice, and do address themselves so to
* Hobart's Journal records the arrival of Andros, "Dec. 20th, 1686."
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AFFAIRS OF GOVERNMENT.
do, as their Law and usage was during the time of the first printed book of Laws, bearing date June 1st, 1671,* before the division of the Colony into Counties, which the Town of Scituate declares against." It seems that the new book of laws, printed 1672, had hardly been enforced, especially the division into Counties, though ordered by the Court to be of force in June, 1686.
The Charter which unites Plymouth and Massachusetts Colonies, bears date October 7, 1691.
The Warrant of Sir William Phipps, Kt., Captain General and Governor in chief, in their Majestys' name William and Mary, requiring the Town to elect two representatives for "the great and Generall Court to be convened at Boston on the eighth day of June 1692," bears date May 20, 1692.
The qualification of electors, according to that warrant was, "a freehold of 40s per ann. or other property of the value of 40€ sterling."
In pursuance of that warrant the Town chose John Cushing and Samuel Clap. The next May the Town chose Benjamin Stetson-and a precept being issued to that effect in Septem- ber, the Town chose Samuel Clap, as another representative.
The following is a list of Counsellors, Senators and Repre- sentatives since 1692.
COUNSELLORS.
Judge John Cushing, from 1710 to 1729, inclusively -twenty years.
Judge John Cushing, (son of above), from 1746 to 1763- eighteen years.
Judge Nathan Cushing, 1779 to 1789, from 1802 to 1807.
SENATORS.
Charles Turner, Esq. 1773 and 4, also 1782, 1785, 6, 7 and 8. Nathan Cushing, Esq. 1784.
Cushing Otis, Esq. 1823.
Samuel A. Turner, Esq. 1831.
REPRESENTATIVES.
John Cushing 1692.
Samuel Clap in Sept. 1693.
Samuel Clap
Benjamin Stetson 1693.
Benjamin Stetson 1694. Samuel Clap 1695 and 6.
* This date refers to the time when the revision was ordered.
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AFFAIRS OF GOVERNMENT.
John Cushing 1697. Nathaniel Clap 1698. Samuel Clap 1699. Capt. Benjamin Stetson 1700. Barnabas Little, Esq. John Cushing, jr. 1701. Thomas King 1702. Samuel Clap 1703, 4 and 5. John Barker 1706.
Samuel Clap 1707, 8 and 9. Joseph Otis, Esq. 1710. Thomas Turner 1711. John Barker 1712.
Joseph Otis, Esq. 1713. Samuel Clap 1714 and 15. Thomas Turner 1716, 17 & 18. John Barker 1719. Stephen Clap 1720. James Cushing 1721,2, 3& 4. Thomas Bryant 1725. Maj. Amos Turner 1726, 7 & 8. James Cushing 1729, 30 & 31. T. Bryant, extra session, 1730. Daniel Daman. Amos Turner, Esq. 1732. Thomas Bryant 1733 and 4. John Cushing, Esq. 1735, 6 and 7, (3 gen.) Nicholas Litchfield 1738, 39, 40 and 41. Thomas Clap 1742. Capt. Caleb Torrey 1743. Thomas Clap 1744. Cap. Caleb Torrey 1745 to 49. Thomas Clap, Esq. 1750. Ensign Otis 1751, 2 and 3. Thos. Clap, Esq. 1754, 5 & 6. Joseph Cushing, Esq. 1757. Thomas Clap 1758 to 65. Gideon Vinal 1766 to 1774. Congress at Salem Oct. 1774.
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Nathan Cushing, Esq.
Gideon Vinal 1774.
Barnabas Little Congress at Watertown, May 31, 1775, Nathan Cushing, Esq.
Congress at Cambridge, Feb- ruary 1775, Nathan Cushing, Esq. 1775.
Representatives continued, Nathan Cushing, Esq. 1775 & 6. Maj. William Turner 1777. . Nathan Cushing, Esq. S Israel Litchfield 1778.
Delegates to Convention at Cambridge to prepare a State Constitution 1779, Wm. Cushing, Esq. ) V. Pres. Israel Vinal, Esq. Wm. Turner, Esq. Representatives continued, William Turner, Esq. 1779. Rev. Charles Turner Daniel Daman , 1780.
Convention to ratify State Constitution 1780,
Representatives continued, Enoch Collamore 1781 and 2. Israel Vinal, Esq. 1783 and 4. Capt. Daniel Litchfield 1785. Israel Vinal, Esq. William Turner, Esq. 1786.
Capt. Enoch Collamore 1787. Convention to ratify the Fed- eral Constitution, Jan- uary 1788, Delegates.
Hon. William Cushing
Hon. Nathan Cushing Hon. Charles Turner Representatives continued, Capt. Joseph Tolman, 1788, 9 and 90. Israel Vinal, Esq. 1791. Hayward Pierce, Esq. 1792. Elijah Turner, Esq. E. Turner, Esq. 1793 to 1802. Charles Turner, jr., Esq. 1803. Elijah Turner, Esq. 1804.
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AFFAIRS OF GOVERNMENT.
Charles Turner, jr., Esq. 1805. | William Peaks 1821.
Charles Turner,
jr., Esq. 1806, 7,8.
Enoch Collamore
Cushing Otis, Esq.
Hayward Pierce, Esq. 1809.
Jesse Dunbar, jr.Esq. 1827,8.
Samuel Deane
John B. Turner, Esq. Samuel Tolman, Esq. Vacancy 1830.
1829.
Cushing Otis, Esq. 1812,
Hayward Pierce, Esq. 13
Elijah Turner, Esq. & 14.
Micah Stetson 1815.
Charles Turner, Esq. Jesse Dunbar, Esq. 1816.
Micah Stetson
State Constitution in 1820. Delegates.
Charles Turner Esq. 1817. Vacancy 1818 and 19.
Charles Turner, Esq.
John Collamore, Esq.
Edward F. Jacob, Esq. 1820.| Jesse Dunbar, sen., Esq.
The Town chose a Delegate to the Congress that convened at Concord 1779, on the subject of the depreciated currency, viz. William Turner, Esq. and instructed him "to use his influence that an agreement should be made through all the towns, that the necessaries of life should not bear a higher price than at present, but not to appreciate the currency as Boston recommends."
At the close of the French war in 1760, the Town seems to have been at considerable charge in supporting the French people who had been distributed amongst the towns, and the selectmen not having their full account allowed by the Provin- cial Government, applied to the Town for the balance; it was refused by the Town " as the proper Charge of the Province."
In 1768, the Town instructed their Representative "to do his endeavor that the Excise be laid on spirituous liquors."
In 1787, the Town chose a committee "to consult of the general good, and to prepare instructions for their Represen- tative."
Israel Sylvester, Barnabas Little, Capt. Elisha James, Capt. Enoch Collamore, Elijah Turner, Esq., James Briggs, Joseph Benson, Constant Clap, Eli Curtis, Capt. Samuel Stockbridge and Joseph Nash, committee, reported the following instructions :
" At this critical and alarming period, it may not be un- welcome to you that your Constituents communicate to you
-
Vacancy 1822. Charles Turner, Esq. 1823. John B. Turner, Esq. 1824, 5. Vacancy 1826.
Edward F. Jacob, Esq. 1810,11. Jesse Dunbar, Esq.
John B. Turner, Esq.
Samuel Tolman, Esq. 1831. Eben. T. Fogg, Esq. Convention for revising the
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AFFAIRS OF GOVERNMENT.
their sentiments. While our Constitution remains unchanged, as ordained by the People in the civil Compact, it is the indis- pensable duty of every citizen to support it. At the same time, there are grievances, as we conceive, under which the people of this Commonwealth labour, which we would instruct you, at the next Sesion of General Court, to endeavor to redress. At a time when the people feel themselves heavily pressed with public debt, wisdom, policy and justice demand, that every possible means, consistent with justice and reputation, be devised for their relief. You will therefore endeavor to render the salaries of all public Officers, suitable to the abilities of the people. It cannot be supposed that infant States, however fair and promising their prospects, should launch into the expence and pomp of old and affluent Nations, but that such a state must rise to respect, by a conduct suitable to its situation, circumstances and abilities. You will therefore, on investiga- tion, endeavor that such retrenchments be made and such regulations be adopted, as the reputation of our Republican Government, connected with present circumstances, renders most necessary. And in order to ease the people, as much as possible from direct taxation, we think proper to instruct you, to use your endeavor, that excises may be laid on superfluities and articles of foreign luxury, and such domestic articles as are not nesessaries of life, and especially on those unnecessary articles of foreign produce, that lure to luxury and dissipation.
" And wheras, we believe there are some people in this Commonwealth, so blind to the common good as to use their endeavors that a paper currency be emitted by this Govern- ment, believing as we do, that a more fatal Engine of injustice and mischief (in our present circumstances) could not be de- vised, you will remember that you are instructed by your Constituents to oppose it.
" And as without the establishment of publick credit and confidence, a Nation must soon fall to contempt and ruin, you are to endeavor, to the utmost of your power, for their recovery and reestablishment, by maintaining public honor, honesty and justice.
"You are also to use your endeavor that a law may be made by this General Court, empowering Towns to raise money by taxing polls and estates, for the purpose of encouraging men to enlist in the State or Continental service, whenever called for by the Government, and providing that military officers shall not detach men from the companies, in such Towns as will
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MUNICIPAL REGULATIONS.
seasonably procure their proportion of men in a more equitable way, by encouraging them to enlist."
In 1799, the Town instructed their Representative to use his influence in General Court "to obtain a repeal of the House and Land Tax :" and again, as times and circumstances changed. In 1808, the Town petitioned to the President of the United States that he would "suspend or modify the Embargo Law."
MUNICIPAL REGULATIONS.
We have noticed the manner of dividing the lands under a distinct head, in the first part of this work.
Select men were chosen in 1636, and they continued to manage nearly all the concerns of the Town, save the laying out of lands until 1667, when Overseers of the Poor, as distinct from the selectmen, were first chosen. The selectmen had the sole control of the schools until 1790, except occasionally one or two were added as a committee. The first selectmen were The first overseers of the poor were Thomas Clap and Charles Stock- bridge, 1667. Before this time the poor had been disposed of to such as would engage to take care of them, in publick Town meeting.
In 1667, "The Town did enact, that if any person should entertayn any stranger, after being admonished by a committee chosen for such purpose, he should forfeit and pay 10s for each week." The preamble of this law runs thus : " Wheras some persons out of their owne sinister endes and by-respects, have too aptly been harborers or entertayners of strangers coming from other townes, by which meanes the Towne cometh to be burdened, &c." At the same meeting the Town declared by their votes, "that Mr Black should depart the Towne presently." In what manner he had become burdensome or dangerous does not appear. We believe he was a preacher.
In 1670, " The Town did agree that the Selectmen should be moderators in the Town meetings the present year ; and if any person shall speake after silence is commanded, without leave from any two of the moderators, he shall forfeit 6d for each offence."
In 1665, " Wheras the Court did require, that every Town should have two wolf Traps, and the Town did conceive that there were Traps in the Town that would answer the Court's
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MUNICIPAL REGULATIONS.
order, therefore the Town did agree with Thomas Woodworth to tende them, and Thomas Woodworth did agree to baite them and tende them according as the Order of the Court doth require, and the Town is to allow him 10s for this year besides the pay for the wolves there killed."
In 1668, ".The Town did agree and conclude that if any man did cut any thatch on the North River flats, before the 15th day of August, he should forfeit 10s per day or part of a day to the Town's use :" also, "The Town did agree and conclude that if any man did cut more thatch in one day than would load three canoes, he should forfeit 40s to the Town's use." It is probable that many buildings and perhaps some dwelling-houses were covered with the sedges of the flats at this date.
In 1690, the Town chose Thomas Woodworth "Clerk of the market," and annually to the same office till 1711. In 1712, the same person was chosen "sealer of weights and measures," which we therefore understand to be but another name for the same office.
In 1696, "The Town did enact, that every householder should kill and bring in six black birds yearly, between the 12th and the last day of May, on the penalty of forfeiting for the Town's use 6d for every bird short of that number."
In 1728, " The Town allowed as a bounty for each full-grown wild cat killed within the Town, 30s, and for each young one 10s. John Dwelly and David Hatch received the bounty that year.
In 1739, " The Town chose Capt. John Clap and Samuel Clap to prosecute the law relative to the preservation and in- crease of deer." Capt. John Clap was chosen annually for the same purpose until 1775-and Constant Clap was chosen annually afterward until 1784.
We have made this miscellaneous selection, for the purpose of noting the progress of settlement.
The records of the Town are generally in a good state of preservation. A book of the laying out of lands commences in 1633: but we believe these records were transcribed out of an older book in 1636, which former book is lost. The records of Town proceedings are lost previous to 1665, since which time they are perfect.
The first records before 1636, appear to be in the very beautiful hand of Mr William Vassall : there being no Town clerk until 1636: occasionally the more beautiful hand of Edward Foster appears.
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CHARITIES.
The following is a list of the Town Clerks.
Richard Garrett, 1636 to 39. [ Charles Turner, jr., 1794 to 98. Lieut. Jas. Torrey, 1639 to 44. Augustus Clap, 1799. Richard Garrett, 1645 to 49. Charles Turner, jr., 1800. Augustus Clap, 1801 to 1805. James Briggs, 1806 and 7. Lieut. Jas. Torrey, 1650 to 64. Lieut. Isaac Buck, 1665 to 95. Dea. J. Torrey, 1695 to 1701. James Cushing, 1702 to 1706. Dea. Jas. Torrey, 1707 to 14. James Cushing, 1715 to 18. John Cushing, jr., 1719 to 44. Thomas Clap, 1745. John Cushing, jr., 1746 to 78. James Briggs, 1779 to 93.
Charles Turner, 1808 and 9. Augustus Clap, 1810.
Eben. Bailey, sen., 1811 and 12. Augustus Clap, 1813 to 15. Anson Robbins, 1816 to 23. Ebenezer Bailey, 1824, and now in office.
CHARITIES.
In 1721, "The Town, considering the distressing circum- stances of the poor people in the Town of Boston, by reason of the present sickness of the small pox, agreed to advance the sum of 60£* in Bills of credit, to be sent to Col. Samuel Checkley, Mr Daniel Oliver and Dea. Samuel Marshall, to be distributed for the relief of the poor."
In 1779, "The Town voted to support the poor of the Town in one house, under an overseer." If this was carried into effect, it was not repeated the next year.
In 1792, " The Town voted that a Hospital should be pro- vided for inoculation with the small pox, with leave to inoculate two months." The hospital was provided at Benjamin James's house, on the south-east of Colman's hills. All suitable pre- cautions were directed : but the infection went abroad into
* This sum in bills of credit, was, at that time, equal to the same amount in lawful money. The first emission of bills of credit by the Massachusetts Government was ordered in 1720, (£50,000). This was proportioned amongst the towns, to be loaned, and the interest paid to the State. John Cushing, jr. and Capt. Samuel Turner were appointed trustees of the sum received by Scituate 1721. They loaned the money at six per cent in £20 notes. Many of the towns loaned at five per cent or under, according as they found a demand for the money. In 1728, £60,000 more were issued. Major Amos Turner, Thomas Bryant, Esq., John Cushing, jr., Esq., trustees in Scituate. This currency became so far depreciated, about 1750, that the rate of reckoning was 45 shillings, old tenor, equal to the dollar, and 50 shil- lings equal to the French crown. The Continental currency is well remem- bered, when in 1787 $2000 was worth but $30 in specie.
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CHARITIES.
several families, viz. those of Jonathan Hatch, widow Nichols and John Bray .* An action was commenced against Drs. Ephraim Otis, Cushing Otis and Samuel Barker, for breach of bond for faithful discharge of duty, &c., but after the panick which had seized the people was a little calmed, the action was withdrawn. The hospital was continued about two years instead of two months, as proposed at first.
In 1817, an auxiliary Society for the suppression of intem- perance was established. That Society holds an annual meet- ing, and has a publick discourse annually. Their annual meeting was at first in May-afterward for several years on the 4th of July-and since 1826, on the first of January. The favorable influence of this association has been manifest. It is due to Mr Joseph Tolman, to record that he originated this Society.
In 1816, the Town chose the selectmen a committee to procure some person to vaccinate, and voted to allow such person six cents out of the Town treasury, for every person vaccinated. There was a pretty general vaccination effected by Drs. Otis, James and Foster.
In 1818, the Town voted to establish an alms-house. A purchase was made of a house on the north side of the common at Herring brook hill. The house had been erected by Capt. Lane, afterward of Walpole, Mass. had been owned and occu- pied by Capt. Silas Morton, afterward of Pembroke, and by George Little, Esq. deceased, and by Josiah L. James, now of the city of New York. The original purchase was $1,100. The house was enlarged and furnished, and the whole cost amounted to something more than $3000. In October 1820, this house was burnt by an incendiary, John Woodward, an Irishman, being moved to this crime by the circumstance that the overseers of the poor had taken his wife, whom he had cruelly treated, and placed her in the alms-house. He was convicted and sentenced to the State prison for ninety-nine years. He died in the prison in 1828. The house was rebuilt on the same spot in 1821, with additional buildings and enlarged accommo- dations in lands, &c., at a cost of more than $4000. We can state in general terms, that the saving in supporting the poor in an alms-house since 1818, has more than covered all these
" There died of the small pox in Scituate, in 1792 and 3- David Nash, Charles Clap, Paul Otis' child, widow Daman, Thomas Holmes, Mary Nash, widow Chittenden, Thomas Webb, Stephen Wade, John Daman, John Stetson, and Reuben, a man of colour.
15
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PUBLICK GROUNDS.
expenses. The establishment is under the general control of a board of overseers, which meets once a month, and under the particular care of a master. Mr James Barrell was the master from 1818 to 1829. Capt. Ebenezer Bailey from 1829 to the present time.
We subjoin here a list of the physicians who have been the principal practitioners. And it is necessary to remark, that for nearly a century, the ministers were the physicians here, as they were elsewhere. We find no notice of any other practice previous to 1700, save that a Dr. Chickering, from Massachu- setts we believe, was occasionally called to this place, and particularly by Deacon Joseph Tilden, as early as 1670. President Chauncy practised extensively for about fifteen years.
The first regularly bred physician was Dr. Isaac Otis, who commenced practice in 1719, (see Family Sketches).
Dr. Benjamin Stockbridge commenced before 1730, (see as above).
Dr. James Otis, son of Dr. Isaac, commenced about 1760.
Dr. Ephraim Otis, Harvard College 1756, practised several years in Taunton, and afterward in Scituate, where he died 1814.
Dr. Charles Stockbridge, son of Dr. Benjamin, about 1765.
Dr. Samuel Barker, about 1787, since removed to Pembroke. Dr. Cushing Otis, Harvard College 1789, commenced 1792. Dr. Freeman Foster, Harvard College 1799, commenced 1802. Dr. David Bailey, a native of Hanover, commenced 1796.
Dr. Peleg Ford of Marshfield, commenced 1805, died 1812. Dr. Elisha James, commenced 1808.
Dr. Milton Fuller, from New Hampshire, commenced 1826. Dr. Charles Stockbridge, practised in Boston 1815, and a few years after in Scituate.
Dr. Caleb Marsh, a native of Hingham, practised a few years about 1792.
PUBLIC GROUNDS.
The Town early reserved several landings on the North River, most of which are still used as such. The beaches from the third cliff eastward to the river's mouth, have been defended from waste, by repeated acts of the Town, forbidding the removing of stones, &c. Two landings at the Harbour have been preserved by the Town, and frequently surveyed,
.
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PUBLICK GROUNDS.
for the purpose of keeping their bounds. One of these is at the creek below the bridge, the other between William James's dock and the creek that marks the bounds of the Williams, alias the Barker farm. These came into the Town's possession in 1704, at the time when the Conihasset partners surrendered their highways, &c. to the Town. There has been a town landing at Union Bridge from 1645, when a ferry was kept at that place by Bisbee.
At the Chittenden place, formerly called Job Randall's building place, or ship-yard, one mile above Union Bridge, is a town landing which has been surveyed and the bounds renew- ed, for the last time 1799.
In 1699, "the Town ordered that the undivided land lying between the Country road and Daniel Turner's and the Bars- tows land and the N. River should lie for common for the Town's use." This was at North River bridge, we believe : and may have been sold or appropriated since, though we have not met with the conveyance. It is now in the town of Hanover.
BURYING GROUNDS, MEETING-HOUSE LOTS AND TRAINING FIELDS.
There was a Meeting-house lot and burying ground reserved by the first settlers, before 1633. It was in "Meeting house lane," so called, in the earliest records that are preserved. This was the earliest of course, and the place where the pilgrims worshipped, and the place where they lie. It is a reproach to their descendants that it is suffered to lie an exposed common. This place is about three fourths of a mile from the harbour in a southerly direction.
The second Congregational Society commenced a burying ground in 1644, near their Meeting-house, (see Notes on Par- ishes). Here were buried the earliest generations of the Cushings, the Kings, the Torreys, the Hatches, the Robinsons, with Mr Witherell their first pastor.
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