USA > Massachusetts > Dukes County > Marthas Vineyard > The history of Martha's Vineyard, Dukes County, Massachusetts, Volume I > Part 14
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For thirty years, since 1641, he had been responsible to none, and now he was facing a crisis in his affairs at the sum- mons of an unknown master, set in authority over him by his "dread Sovereign Lord," Charles the King. Fortified with his muniments of title derived from Lord Stirling and Sir Ferdinando Gorges, Mayhew set sail from Great Harbor in the latter part of June, 1671 [probably the 22d], accompanied by his grandson Matthew, who represented the interests in- herited from Thomas Mayhew, Jr., co-patentee and proprie- tor, deceased. The inhabitants of the Vineyard awaited the outcome with intense interest.
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FORT JAMES, NEW YORK, 1671 FROM AUGUSTINE HERRMAN'S ENGRAVING IN MONTANUS
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The Conference at Fort James, 1671
CHAPTER XII.
THE CONFERENCE AT FORT JAMES, 1671.
Mayhew must have arrived in New York some days in advance of the meeting of the governor and council, and utilized the intervening time in personal consultations with the officials about his affairs. This regular meeting of the council was not held till about a fortnight later, and the only "Business under consideracon was Mr. Mayhew's Affayre about Martins Vineyard."
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THE PROVINCIAL HOUSE, NEW YORK, WHERE THE CONFERENCES WERE HELD.1
At this important conference held at Fort James, begin- ning July 6, 1671, and continuing through the six following days, there were present the governor, Francis Lovelace, Mr. Steenwyck of the council, and the secretary of the colony, Matthias Nicolls, as representatives of the Duke. Across the table sat Thomas Mayhew and his eldest grandson, then a young man of twenty-three years. Colonel Lovelace, the royal and ducal governor, was of course the dominating figure. As one of the favorite courtiers and a type of the roystering cavaliers of the Restoration, he was a fitting representative of the "Merrie Monarch," and his brother James. The Duke of York, it will be remembered, was a Roman Catholic, and
1 This was the ancient Stadt Huys of the Dutch Government of New Amsterdam.
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History of Martha's Vineyard
so was the king at heart, but as the head of a Protestant nation his sentiments were not publicly avowed. In this conference Governor Lovelace sat as the embodiment of all that was diametric in habit and religion to the Puritan Mayhew, and doubtless the latter was uncertain about the attitude which this "Popish" official, his new master, would assume towards him.
In compliance with "Mayhew's Peticon and Proposalls" it was decided "that the Townes seated there shall have Patents of Confirmation," that Mayhew's grants be recorded, and to define how much he owned and what was left unpur- chased. Mayhew later wrote of this conference: "I shewed him my graunt which he approved of and the printed paper from his Ma'tie: at which he stumbled much: allso I showed him what General Nycoll had written me of his not being informed what his Ma'tie had done: thereat he stumbled very much likewise: then I asked him yf he had the Lord Ster- lings pattent by him, he said noe: I answered then I was at a losse: I sent to Captaine Nycoll and acquainted him with our discourse and prayed him to search in matters of Long Iland & see yf he could not find the date of Lord Sterlings pattent, yf not I could doe nothing at York, which he did finde & it was more antient than Gorges."
MAYHEW APPOINTED GOVERNOR FOR LIFE.
On the next day, the 7th, most important business was concluded, and is best told in the records of that session of the council, of which the following is an extract: -
Whereas Mr. Thomas Mayhew of Martin or Martha's Vineyard hath been an ancient Inhabitant there where by God's blessing hee hath been an Instrumt of doeing a great Deale. of Good both in settling severall Plant- acons there as also in reclayming and civilizing the Indians: for an Encour- agemt to him in the Prosecution of that Designe, and Acknowledgment of his Good services: It is ordered and agreed upon that the said Mr. Thomas Mayhew shall dureing his naturall life bee Governor of the Island called Martin's or Martha's Vineyard, both over the English Inhabitants and Indians, for the wch hee shall have a Commission.
This most extraordinary and undemocratic proceeding is calculated to provoke an inquiry as to its intent. The beneficiary was then in his eightieth year, and it can be in- ferred that Lovelace and his advisors considered the risk about at its termination, and that the life tenure of a man four score years old would not be a very long one. It violated
1N. Y. Col. Mss. XXIV, 92.
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The Conference at Fort James, 1671
all the principles of his original grant, and defied the pre- vailing sentiments of the people with whom he had been associated for many years, yet he allowed himself to become the recipient of it, as we have no record of any objection on his part to the measure. It gave rise to the greatest disorders as a consequence, and for years proved to be the foundation of bitter divisions between the people of the island. The following is a copy of the commission issued to him on this date: -
FRANCIS LOVELACE Esq. &c-Whereas I have conceived a good Opinion of the Capacity and Integrity of Mr. Thomas Mayhew to be Governour and Cheife Magistrate of the Island Martin's or Martha's Vineyard to manage public Affayres with the Aid and Good Advice of the Assistants to bee chosen there, and have thought fitt to Nominate Con- stitute and Appoint Mr. Thomas Mayhew to be Governour and Cheife Magistrate of the said Island Martin's or Martha's Vineyard during his Naturall Life in the Management of wch Employment hee is to use his best Skill and Endeavour to preserve his Majesties Peace and to keep the In- habitants in good order.
And all Persons are hereby required to give to the said Mr. Thomas Mayhew such Respect and Obedience as belongs to a Person invested by Commission and authority from his Royall Highness in the office and Employment of a Governour and Cheife Magistrate in the Island aforesaid. And hee the said Mr. Thomas Mayhew is duely to Observe and obey such Orders and Instructions wch are already given for the well governing of the Place or such other Directions as from Time to Time he shall receive from mee: And for whatsoever the said Mr. Thomas Mayhew shall lawfully act or doe in Prosecucon of the Premises This my Commission shall bee his sufficient Warrant and Discharge.
Given &c this 8th Day of July in the 23rd year of his Majesties Reigne Annoq. Dni., 1671.1
It was decided by the council that the governor should have three assistants to be chosen annually by the two towns of Edgartown and Tisbury, who should constitute with him a court, to be held for cases involving five pounds and under. In case of disagreement Governor Mayhew was to have a double vote, without appeal. All actions above five and under fifty pounds were referable to a general court composed of himself and two assistants, to be elected by the two islands, "where it is recommended that Mr. Thomas Mayhew doe preside and sit as President dureing his Life (although the Court bee held at Nantuckett), with privilege of a double or casting voice, in regard of his great Experience and Reputacon amongst them: but after his Decease that the Rules and In-
1N. Y. Col. Mss. Deeds, III, 70.
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structions wch concerne both the Islands be punctually fol- lowed and observed." 1
In addition to these definite and special laws and rules passed by the governor and council, Lovelace thought it pru- dent to issue a sort of political testament to Mayhew instruct- ing him how to regard his trust, and what actions he should take in the premises before assuming the official functions of the place. These instructions are recorded in the following document: -
Although by your Gen'l Commission you have Strength and Authority sufficient to putt such Lawes and Rules in Execucon as you shall conceive may best tend to the Distribucon of Justice and securing the Comon Rights and Interests of such as shall live under yor Governmt the keeping his Majesties Peace, together wth the Preservation of his Royall Highness' Interest and Propriety in these parts, yet since that Commishon may ap- peare to be too generall, I have thought fitt to prescribe to you some par- ticular Instructions wch you are to make use of as occasion shall serve.
In the first place you are soe soon as you shall arrive in some convenient Time cause a Generall Meeting to be summoned of the Inhabitants (amongst wch I would not have chiefs of the Indyans omitted), to whom you are to Declare the End of yor being wth mee and the Power I have invested you in, by causing your Commission to be read publiquely together with your Instructions.
You are then to Consider and appoint a sett Time for the Election of yor Associates, as likewise to Consider of the Time when the Generall Court shall be summoned, of wch you are to Advertize and Consult yor Neigh- bours of Nantuckett.
You are likewise to acquaint the Inhabitants the Priviledges I have graunted them by enfranchizing them in Towne Corporacon: To whom you may deliver their Charter. Upon the Receipt of wch they may proceed to the Election of their Magistrates as belongs to other Corporacons.
And in regard at this Distance and the Unacquaintedness of the In- clinacons and Dispositions of the Indyans I cannot prescribe you any Rules that may be most proper for them, I shall therefore recommend that Affayre wholly to your prudent Management, only you may acquaint them that having now taken them unto his Royall Highness' particular Protection I shall be very carefull to Assist them in all Extremities: expecting from them noe other Returne but that they live quietly and peaceably wth true sub- mission to that Authority wch now is sett over them.
You are to cause some of the Principall Sachems to repaire (as speedily as they can) to mee, that soe they may pay their Homage to his Ma'tie and acknowledge his Royall Highness to bee their only Lord Proprietor.
You are to encourage and sett to worke the Sewan making, to whom you may give full assurance they shall receive sufficient Recompence for their Labour. And that that Trade may only be drove between them and this place you are not to permit any Shells to bee exported to Forrainers, unless they pay a Considerable Custome for them. 2
1N. Y. Col. Mss. Deeds, III, 75.
2It is believed that "Sewan making" relates to the stringing of wampum fathoms of the special shells of which it was composed. It is from the Dutch - Zee Wand.
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The Conference at Fort James, 1671
You are not to faile to give mee a speedy Advertizement of all yor Transactions as may bee, and by all meanes lett mee have from you how Affayres constantly stand.
You are to see the collection of his Majesties Customes and all fines bee duely observed and you are to Assist upon all Occasions the Collector of the Customes in the Execucon of his office and transmit them to mee heere.1
You are to cause all such as shall bee Elected to any Publick office of Trust to take the Oath of Allegiance to his Ma'tie at the Entrance into their office.
You are not to suffer any of yor Indyans to enter into any Confederacy of Warre wth any other forraine Indvans wthout advertizing me first with it and procuring my Permission for it.
Some special provisions were formulated for the man- agement of the Indians, which will be referred to in the sec- tion devoted to their concerns, but it will suffice to state here that the elder Mayhew was made "Governor over the Indians," and as his instructions show, was required to do certain speci- fied things for their benefit. In addition to this he obtained from Lovelace a "Lycence unto Mr Thomas Mayhew & Matthew Mayhew his Grand Child in his Royall Highness his Name to Treat, Agree upon, & Conclude wth the Indyan Proprietors of the said Land undisposed of, & upon the Returne thereof unto mee, I shall bee ready to Graunt such Confirmacon as shall bee requisite."2
PROVISIONS FOR LOCAL GOVERNMENT.
The session of the governor and council, in the con- sideration of the affairs of Martha's Vineyard, lasted one week, and in addition to the results above related several · minor matters were dealt with. Noman's Land came in for some attention, and "Mr. Mayhew and Mr. Brenton's Pretences upon the Elizabeth Islands discorst of," which will have fuller consideration in the proper chapters relating to those localities. The most beneficial result of the week's work was the incorporation of the two settlements of Great Harbor and Middletown (Takemmy), by which the towns- people of those villages acquired important privileges which, in a degree, minimized the ominous tendencies of the other
1Matthew Mayhew was commissioned as the first collector of Customs for "all such Customable Goods as now are or shall bee brought into the Harbour at Martins Vineyard, or any other Creek or Place upon the Island." His commission was dated July 8, 1671, concurrent with all the charters issued at this conference. (N. Y. Col. Mss., Deeds, III, 73.)
2N. Y. Col. Mss., Council Minutes, III, 68-71. Dated July 12, 1671.
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History of Martha's Vineyard
proceedings by which life tenure was conferred upon the chief magistracy and exclusive privileges were centered in the May- hew family. These will be treated under each respective town history, together with the particular grant of medieval manorial rights to the elder Mayhew and his grandson Matthew. The last day of the session was taken up with the subject of the quit-rents, and it was finally "agreed to be 6 Barrells of Fish, vizt: two Barrells each Patent," meaning two each for Edgartown, Tisbury and the Manor of Tisbury, to be paid annually. As a last act, upon request of Mayhew, the governor wrote a letter of recommendation to Governor Hinckley of Plymouth Colony in favor of Mayhew's work among the Indians, and suggesting that "some enlargmt of Recompence" be awarded to him for his "Paines and Trouble." 1
Altogether it was a most satisfactory seven days work for Mayhew and his interests. He was now a Governor "for life," Chief Justice of the Courts of Martha's Vineyard and Nantucket, Lord of the Manor of Tisbury, and Matthew had been made collector and receiver of the customs for the Vine- yard. How long he remained in this congenial company is not known, but in a letter written some weeks later he says: "I was but 29 daies from the Island in my Journey to York the Thursday month I went from home," and he adds, with some reasonable show of feeling, "laus deo,"2 as well he might. The "Popish" governor had been indeed gracious to the Puritan.
In what manner of rejoicing the inhabitants of the Vine- yard marked the return of the Worshipful Thomas Mayhew, "Governor of Martin's or Marthas Vineyard," and the new collector of customs is not known, but from the subsequent occurrences it may be inferred that the information which was laid before them produced no demonstrations of approval, at least any which were conspicuous for their spontaneity. We are to suppose that the governor obeyed his instructions, and shortly after his arrival caused a "Generall Meeting to be summoned of the Inhabitants" to whom he related the results of his conferences with the royal governor, and to whom his commission as governor with the accompanying instruc- tions was "read publiquely." He also, if he carried out these instructions, delivered to the people their town charters, ex- plaining to them the "priviledges" thereunder, and instructing
1N. Y. Col. Mss., Deeds, III, 67, 74.
2Records of the New England Company, p. 43.
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The Conference at Fort James, 1671
them to proceed to elect magistrates according to the terms granted. It is presumed that all this was carried out with good faith, as we learn that the injunction to notify the Indians of the new order of things was thus fulfilled. "Since I came home," he wrote to Governor Prence of Plymouth, under date of August 19th (1671), "I sent for all the sachems and chief men, acquainting them with what was done." 1 Mayhew says that the sachems "did, with much thankfulness, submit unto his honor's act in setting me over them;" but they were accustomed to hereditary privileges and life tenures, under the great sagamores. What the freemen of the English race really thought of it Mayhew found out two years later.
With that deliberation which characterized all his actions in these matters Mayhew delayed the inauguration of the new governmental order of things, and eleven months elapsed before a "General Court" was held upon the Vineyard. The meeting of "The first General Court holden at Edgar- towne upon Marthas Vineyard the 18th of June 1672" sig- nalized the earliest fruit of the series of enfranchisements granted by Lovelace the year previous. At this court laws were passed providing for annual sessions of the court, the pay of the president and assistants, rules of procedure in suits at law, witnesses, evidences, fines, and other penalties in relation thereto, probate practice, sumptuary statutes, defined misdemeanors, provided for necessary officials, as constables, bailiffs, secretary, treasurer, with salaries for each, all of which constitute our first "Body of Liberties" in col- lected form. Matthew Mayhew was the first secretary, be- ginning his long career of office holding, under the auspices of the Duke's government.2
11 Mass. Hist. Soc. Coll. VI. 196.
2These laws are to be read in the first book of Deeds, at Edgartown, and have been printed by Hough, in "Nantucket Papers," and a copy is on deposit at the Sec- retary of State's Office, Albany, in Deeds, I, 78.
(Francis Lovelace)
SIGNATURE OF GOVERNOR LOVELACE FROM THE TISBURY CHARTER 1671
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History of Martha's Vineyard
CHAPTER XIII.
THE "DUTCH" REBELLION, 1673.
In the early part of July, 1673, Matthew Mayhew was on his way to New York, "furnished to pay the Acknowledg- ment of six barrels of Merchantable Cod-Fish," which by the terms of the patents came due on the 12th of that month, and the quit rent was to be satisfied to Governor Lovelace as usual. On the voyage thither, he "met the news that Yorke was taken by the Dutch," and so it proved. The doughty Dutch admiral had surprised the city during the absence of Lovelace in Boston, secured possession with scarcely the semblance of a struggle, and New York was once more New Amsterdam. Mayhew retraced his journey.
This was an event of signal importance to the Vineyard, and when Matthew Mayhew returned to the island with his "yearly acknowledgment" of six barrels of fish undelivered, and reported that the Duke's government in New York was at an end, it was the opportunity for the enemies of Mayhew to act. The ducal sovereignty having fallen, so with it fell the life tenure of his governor, and Martha's Vineyard was now in a political interregnum. As the island was not under the jurisdiction of Peter Stuyvesant, the last Dutch governor, when the New Netherlands was wrested from him, so it was not comprehended at this time in the revived Dutch Province now organized under Anthony Colve.1 The men who had been chafing for two years under the Mayhew family rule, with the head of the house as governor for life, his grandson, Matthew, an assistant and collector of customs; Thomas Daggett, his son-in-law, another assistant; Richard Sarson, a step-son-in-law, assistant; and Matthew Mayhew, secretary of the county, and other offices held by other members of the family, now resolved to deliver the island from this narrow nepotism maintained for the benefit of a few.
MUTINOUS VINEYARDERS.
They took the ground, and properly too, that the island was "virtually taken and bee under the govournment of the
1N. Y. Col. Doc. II, 528-9, 571, 609-10; III, 201; Smith, New York, I, 44-46; Wagenaur, XIII, 407; De Witt: Letters, IV, 677.
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The "Dutch" Rebellion, 1673
Dutch," but their real purpose was to disavow Mayhew's authority and either set up an independent colony or to ob- tain autonomy under a protectorate of Massachusetts.
Matthew Mayhew, who should be a good witness of these events, stated that "about half the People in a Mutinous Man- ner rose, with many contumelious Words and Threats against the said Govournour daring him in the Prosecution of his Royall Highness his Govournment."1 If Mayhew was willing to admit that "about half the People" turned rebels to his grandfather's rule, it will be safe to accept it as an under- estimate of the number .? The whole purpose of the governor, both before and after this event, was in pursuance of a plan of establishing the house of Mayhew as an hereditary aris- tocracy on the island, an attitude that almost dominated his last official and personal acts even in the shadow of death. He had at first conformed to the requirements of his patent and allowed men to be "chosen" to govern the freeholders, but by 1661 he had claimed extraordinary authority against the objections of the inhabitants. He failed to give heed to the mutterings that arose then, and now at the first oppor- tunity, when the opposition was numerically stronger, he felt the storm gathering about him and his little official circle, and at last it had burst. The freeholders knew it was their chance to get rid of hereditary rulers and lords of the manor, of which they supposed their New England to be quit.
THE REBELS DEMAND MAYHEW'S ABDICATION.
Accordingly, twenty of the leading inhabitants, probably under the guidance of Thomas Burchard, decided to secure by peaceful means if possible, a change in the existing form of government and an adhesion to the Massachusetts system of elections of officers as provided in the original sale of the island by Forret, thirty-two years before. Desiring to spare the aged governor any unnecessary personal humiliation, they addressed the following letter to him which was carried by a committee representing them: -
1N. Y. Col. Mss. XXIV. 16. The rebellion on the Vineyard was duplicated at Nantucket at the same time, and for the same causes - family government, though the reasons for it were not so acute on that island, and hence not so personally irri- tating.
2In 1675 Simon Athearn stated there were 38 white men on the island able to bear arms. In two lists the author accounts for that exact number.
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History of Martha's Vineyard
Worthy Sir.
After our Salutations &c our mind and purpose is to put our selvs & both towns under boston gouvernment for protection and Appeelle. And boston Laws to be our Laws and to make our terms for rates as easy as we can only firste our desire is of you that you would be pleased to laye aside your Comission Government And Act And doe with us soe we shall chuse your selfe to be in place this year with sum Assistiants And Afterward, as the yearly choyce shall fall And thuse we think to continue untill his majestie or the Duck if the resignat of the lord starling shall order atherwise. 1
This was signed by Thomas Burchard, Isaac Robinson, Thomas Bayes, Nicholas Norton, James Skiffe, John Pease, John Butler, Thomas Butler, John Arey, Thomas Jones, Isaac Norton, Joseph Norton, Henry Luce, Samuel Russell, James Redfield, Philip Smith, Charles Crossthout, Stephen Codman, Thomas Trapp, and Simon Athearn.
Representing as he did the idea of absolutism which was the fundamental principle of the duke of York's political system, the aged governor, wedded to his power, gave them a curt reply: "No, he would not - he could not Answer it." Further than that, he "gave them to understand his Resolu- tion to hould and defend the Place until it should be forceably taken out of his hands." The more radical ones desired that decisive action be instituted, and "some more Principalls putting the Matter forward, about half the People in a Mutin- ous Manner arose, with many contumelious Words and Threats against the said Govournour daring him in the Prose-" cution of his Royall Highness his Government." But as in all such times the hot-heads exceed their authority and often compromise the work of the conservative element. The leaders desired only a quiet and firm campaign in the interests of all concerned. They had gone to the governor with a proposition to restore the forms of government granted to him and them by Lord Stirling's patent, and they only wished him to abide by it. If not, he must accept the consequences.
THEY APPEAL TO MASSACHUSETTS.
This peaceful tender having been made and refused, the revolutionary party now took the next step and prepared a statement of their case to the governor and council of the Massachusetts Bay, formally tendering the island to them as a part of their government. The die was now cast and the lives and property of the signers put in peril. If they succeeded they would become patriots ; if they. failed, rebels and traitors.
1Mass. Arch. CVI. 202.
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The "Dutch" Rebellion, 1673
The statement and petition is as follows: -
The most humble pettision of his majesties subjects the freehoulders in the two towns setled on Marthas Vineyard :-
Unto the Right worshippfull John Leaverit Esq Governnour of the Jurisdiction of boston with the worshipful the magistrates his Assistants in the said Government :-
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