USA > Massachusetts > Dukes County > Marthas Vineyard > The history of Martha's Vineyard, Dukes County, Massachusetts, Volume I > Part 18
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their Majesties jus- tices of the peace for Dukes County in the province of New York
All these conditions should have resulted to the advantage of Athearn, who began to see the reward of his years of contest for the improvement of the political condition of his home. The conferences held with the Mayhew officials by General Walley were productive of a better understanding, as it proved, but all contemporary evidence clearly gives us the idea that they were convinced against their will, and their acquiesence in the new conditions tentative and perfunctory. Meanwhile, Athearn was busy with voice and pen working for an entirely new deal in the offices. After the visit of the major-general, he addressed another paper to the governor and council relative to the settlement of affairs here, in October, 1692,1 and a copy in full is herewith given: -
being sensable of much trobl on marthas vineyard for want of dew settelment of the affairs of that Iland And Considering the present state of persons & things there I humbly shew that if Mr Andrew Newcomb be made Cheefe Justice And Mr Joseph Norton & Mr James Allen Justices there who are reputed welthy and having such Influence in the people there will be most Reddy way to settel your government there and wheras Capt'n Ben Skiffe have bene very bissie against the government from this place And Mr Isaac Chase the Leueten't without oath he pleading for the quakers makes me think he will not take an oath: I humbly shew that if the foresaid Mr James Allen be made Capt'n & mr peter Robinson be made Leueten't of the Company of tisbury and Chillmark is the most likely way to bring the Compeny to obediance also unto this Authority thay having much influenc in the people by relations &c
My neighbour mr Norton is gon hom being tyered out with tarrying long and nothing don to effect. After he was chosen & summoned to attend the enemy had perswaided him not to Com but I going to his house laboured much with him untill I had his promise to meet me at the boat.
And now I am left alone waiting for your Conduct that the enemy may not have the opertunity to put out my Right Eye trusting now at length there will be spedey cure taken for our better settlement.
Your most humble petitioner shall still pray for your prosperous Government.2
SIMON ATHEARN
October 1692
1From the wording of the paper, it is evident that it was written in Boston. The second session of the General Court began on Oct. 12, 1692.
2Mass. Archives, CXII, 424.
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The Vineyard and the Massachusetts Charter
THE MAYHEWS SURRENDER TO SAVE THEIR OFFICES.
It is evident from the tone of this that Athearn was not progressing as rapidly as he expected, and that success was by no means assured. The vested interest of the old officials and the proprietors was still an important factor in the problem. Athearn by this time had dropped Skiff from his list of "trustys," as he might have foreseen would have to be done, sooner or later, and Quaker Isaac Chase had no fighting blood in him. Matthew Mayhew and his supporters now came to Boston to take a personal hand in the conflict, while Athearn and Norton were "tyered out with tarrying long and nothing don to effect." Conferences with the councillors of the Phips government doubtless convinced Mayhew that the charter of William and Mary included Martha's Vineyard by implication, if not by name, but he contended that "Capa- wick" was not the proper designation for Martin's or Martha's Vineyard, and that the question of annexation to Massa- chusetts was a legal question, dependent upon the nomen- clature of the island. He maintained that "Capawick" was a small island at the extreme end of Chappaquiddick, while the Indian name of the Vineyard was Nope. There could be no question about Nantucket, but he saw the "hand- writing on the wall," and like a good politician concluded that he must "gracefully grant that which he could not with safety refuse." For the Massachusetts authorities were insistent that, name or no name, their agents had obtained the consent of the king to include the island known to them as Capa- wick and Martin's or Martha's Vineyard, and they proposed to exercise their authority. Without waiting for the Mayhews to come to terms they proceeded to legislate for the organiza- tion of the local government, and on November 25, passed an act regulating the courts on the Vineyard. This must have had the effect desired, and the "Old Guard" surrendered in the face of political extinction. Isaac Addington wrote to General Walley on December 8th: "The Island of Marthas Vineyard is well Setled, the Mayhews have complyed with the demands of the Government."1 At the same time Coun- cillor Nathaniel Thomas presented to the governor and coun- cil a report "of the Settlement of Marthas Vineyard." It was as follows: -
1Mass. Archives, III, 47.
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History of Martha's Vineyard
. that Mr Matthew Mayhew, Mr Thomas Mayhew & Mr James Allin had accepted Justices of the Peace within said Island and taken their Oaths. He also moved upon their desire and at the desire of the generality of the Inhabitants that Mr Richard Sarson might be added to the Com- mission of the Peace.1
Thus the same old familiar names were restored to the places which they had occupied, and the only concession to those outside the breastworks was the inclusion of one of their nominees, James Allen. As Simon Athearn character- ized it, it was "a Cifer to make the Summ." Once more he had lost to the "enemy." He was the last warrior left upon the field, and the enemy had "put out his Right Eye." In the fray his character and reputation had been assailed, with- out doubt, and the number and standing of his party had been questioned before the council, so he set about fortifying his position with a petition from his backers on the island, but it was too late to accomplish his purpose. This petition was dated "from marthas vineyard desember the 19 1692" and bears fourteen signatures, of the following named persons: Andrew Newcomb, Joseph Norton, James Pease, Jacob Nor- ton, John Butler, Thomas Norton, William Vinson, Thomas Woolling, Thomas Butler, Isaac Norton, Benjamin Norton, Moses Cleaveland, John Pease, and Thomas Vinson. From the number of Norton signers the council might have con- sidered it a case of Norton versus Mayhew, but the document was a certificate of respectability for Simon Athearn and an explanation of their position. "Wee were not willing to speeke when the Gentlemen were," they say, "Because that your Excellencys orders might be setteled in Peease & quiet- nes." But while this modesty was being maintained the "enemy" were not so afflicted, and were willing to trade their former allegiance for renewal of their hold upon the island, and "good politics" prevailed. "Now wee are willing," they continue, "to give your Exsellency an acount of Mr. Simon Athearn we Looke upon him to be a well acomplish man: he is no drunkerd nor no Card player nor a man that free- quint tavorns,2 but wee doe know but he may have his feialing as well as other men: for estate: few or none upon Iland
1Council Records, II, 207. Dated Dec. 7, 1692.
2This is believed to be a covert allusion to Matthew Mayhew, as a number of contemporary documents bear similar comments in relation to him. Athearn states that Benjamin Smith and Thomas Harlock had told him that "they of Edgartown" had consulted together "that Major Mayhew Might be discarded because of his vice & debochery." (Suffolk Court Files, 4605.)
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The Vineyard and the Massachusetts Charter
goeth beyound him & for a Justes wee Looke upon him as fit as any man here."1 This might have been all very true, but it was in the nature of death certificate. The plums had been picked and the feast was over, and Athearn had secured two places for his friends, Allen and Norton, while the Mayhews still sat on the bench and could deal out "family justice" to him as they had done in the past quarter of a century.
THE PAPER "WAR" BETWEEN PHIPS AND FLETCHER.
If the New York authorities did anything to protect their claims to jurisdiction, except wait for some overt acts, it is not of record .? It is supposed that Mayhew informed the Boston government that the New York authorities did not admit the alleged transfer of jurisdiction, and in order to enlighten them upon the subject Sir William Phips, on Jan. 2, 1692-3, apprised them of his appointment, and enclosed a copy of the charter of Massachusetts Bay, by which Martha's Vineyard had become a part of the new Province. At about the same time, Governor Fletcher of New York, who had succeeded Sloughter in 1692, desiring to find out the actual claims of the Massachusetts people, sent a personal mes- senger to Boston to interview Phips, informing him that it was his intention to make an official visit to Martha's Vine- yard in the spring, "and that he should be glad to see Sir Wm there." The bearer was Thomas Clarke, and his report of the interview gives an insight into the choleric, bombastic character of Phips.
I acquainted him I had orders from his Excellency Governour Fletcher to signifye to him that he intended to be att Martin's Vineyard early in the Spring, before he went to Albany," said Clark in the account of his ex- periences. "I acquainted him the Governour of New York would be glad to see him there. Sir William Phips asked if I came to challenge him. I replyed I came to delever my message, which I had done. He asked me if I had any such orders. I did tell him I had private instructions for my selfe, which I would not shew him nor any other. He told me if they were my own words I was an impudent fellow. I told him I thought soe to, but the words were nott mine. Sir Wm Phips did tell me he did take the words as a challenge and would certainly meett with Governour Fletcher. I told him he might interprete the words as he pleased . I prayed an answer relating to the Vineyard. He bid me tell Governour Fletcher that if he came to Martin's Vineyard to medle with the government he would
2Mass. Archives, CXII, 435. Printed in full in the sketch of Athearn.
2" Governor Fletcher did in the yeare Ninety two Send a Letter and messengers to our Island (Nantucket) requesting our obedience to him, &c.," says John Gardiner in a petition in 1693. (Mass. Archives, CXIII, 112.)
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History of Martha's Vineyard
take care to secure him that he should never returne back againe. I asked Sir Wm if I should returne this for answer to the buissinesse of the Vineyard. He tould me Yes. Sir, I shall be shure to doe it; so you had best, said Sir William.' 1
This truculent attitude seems like comic opera, but it was merely the silly nature of the man who had gone to Quebec two years before and demanded its surrender in magnificent phrases, while the defenders were jeering at him over the parapets of the strongest fortress on the continent. Then the leader of that quixotic expedition hoisted sail and steered for home, filled with excuses for its failure. Such was the man whose personality it is necessary to know to appreciate the ridiculous features of this situation. "In Massachusetts, the history of his administration is a melancholy monument," says an historical authority, "for his public breach of the peace was a scandal that never befel any other chief magis- trate."2
Clark's report angered Governor Fletcher to the fullest extent, and he undertook to bandy words with Phips, an art in which the latter could excel. Fletcher wrote him that he was an ill-mannered person - no gentleman in fact. This style of paper warfare suited Phips entirely, as it was without danger. So he drew up the following letter and despatched it to New York: -
Sir:
Boston the 27th January 1692-3
Your absurd letter plainly deminstrates that if (as you say) I have for- gott manners to Gentlemen, I have forgott what you never had. You send a herauld to give mee a challenge to meet you in the Spring at Marthas Vineyard, wch by force you intend to take the Government of, notwith- standing their Majesties granted by their Royall Charter, whereby the government thereof is annexed to the Province of the Massachusetts Baye: and your jaylor hath been as insolent in delivering this challenge from you (wch he saith is by your positive order), as you have been inconsiderate in directing him soe to doe. For the difference (if any), is not to be decided by you alone. However if you are soe resolved, you may expect me att Marthas Vineyard in the Spring to assert that power wherewith their Ma- jesties have invested me, wch if you think fitt to dispute, I shal take such measures to defend as you may not like.3
1N. Y. Col. Doc., IV, 8. Clark adds: "He tould the Councill that I had chal- lenged him to meet Governour Fletcher at the Vineyard; upon which I tould the Coun- cill I understood noe challenge in the words; I only tould Sir Wm that Governour Fletcher did intend to be at Martin's Vineyard in the Spring & that he should be glad to see Sir Wm there."
2 James Savage, President of the Mass. Historical Society, in his Gen. Dictionary, article on Phips.
3N. Y. Col. Mss., IV, 6.
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The Vineyard and the Massachusetts Charter
That the doughty Sir William thought that this was a serious case of provincial warfare is quite evident from his actions, but it could have deceived no one else. He prepared for the anticipated struggle. Upon his representations the council ordered "that a Suitable vessell be taken up and Equipped for their Majesties service to Cruise in and about Marthas Vineyard Sound for the securing of Coasting Vessells until such time as their Majesties Frigates can be fitted out: his Excellency proposing that she be manned and furnished by the Captains of the Men of Warr." If Phips was obliged to fight Fletcher, he wished to have a frigate near by to act as his convoy to the battle grounds.1
THE NEW YORK AUTHORITIES DENY LEGALITY OF CHANGE.
Meanwhile the letter which Sir William had sent to New York on Jan. 2, for some reason, did not reach there until Feb. 12, and Governor Fletcher "did recommend to the Coun- cel to meet this After noon (13th) to Consult of a Letter from Sir William Phips dated the 2nd of January come to Hand yesterday, with a printed Copy of the New England Charter, and to him give their Opinion under their Hands concerning Martha's Vineyard."" This they did, and rendered the fol- lowing opinion the same day :-
His Excellency Ben: Fletcher &c this day having recommended to our Consideration a Letter from Sir William Phips, dated 2d of January last came to Hand yesterday with a printed Copy of their Ma'ties L'tres Patent for erecting and Incorporating the Province of Massachusetts Bay in New England, not attested, concerning Martin's Vineyard and desiring our Advice: Upon Perusall of the said printed Copy having duly Con- sidered the same and the Platt of New England before us, we doe finde that the North Halfe of the Isles of Shoals opposite to the mouth of Piscataqua River and the Isles of Capoag and Nantuckett to the Westward of Cape Cod are nominally included in the said Grant and in more general words all Islands and Inletts lyeing within ten Leagues directly opposite to the Maine Land; within the Bounds of the said L'tres Patent, which we are informed are many hundreds. And we are humbly of the Opinion that forasmuch as their Ma'ties have ascertained the North Halfe of the Isles of Shoals to the Massachusetts Bay leaving the South Half to the Province of New Hampshire and the Islands of Capoag and Nantuckett to the Massa- chusetts Bay, both which are to the Westward of Cape Cod, which is the southermost Bounds of their Patent, they can have noe pretence by the said
1Council Records, VI, 42 (Mass.). This ridiculous and harmless farce went no further. Governor Fletcher did not make his spring visit to the Vineyard, and Sir William undertook no sanguinary procedures to defend his frontier.
2Council Minutes, VI, 165 (N. Y.).
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History of Martha's Vineyard
L'tres Patent to Martin's Vineyard or any other Island to the Westward of Nantuckett, which we humbly submitt and desire your Excellency will be pleased to recommend the same to their Ma'ties by their Secr'y of State for their Decision in that affair.1
The arguments advanced by the members of the gov- ernor's council were technical, and in the absence of direct knowledge from the home government, had some merit. It is difficult to understand why the Secretary of State had not informed the New York authorities of the change of juris- diction in the case of the Vineyard. The interpretation of the charter rested entirely upon the intent of the persons forming the conference at London in 1691, the agents of Massachusetts, and the members of the government detailed to draw up the document. But the New York officials were justified in holding an adverse position to the claims of Massa- chusetts on the ground of nomenclature and geography, as well as lack of due notice from the home office. Governor Fletcher adopted the report of his council and sent all the correspondence which had passed between him and Phips, with the opinion of the council, to London the following day. His letter is as follows: -
New York February 14, 1692-3
Sir:
The papers I send with this will take more time to peruse than I doubt you can spare from Affaires of more weight and moment. They will shew you that I am placed by a very ill neighbour, who while I am laboring to compose and heal the wounds of this Province, occasioned by the highest outrages which could be committed by men in the time of Leisler took upon himself the Government. Sr Wm. Phips, as will appear by these attested copies of a letter from a pardoned Criminal quotes Sir Wm. Phips for author, will shew you the sentiments and Principalls of that knight; he has seized upon Martins Vineyard, which has ever been a part of this Government; it is neither named in their Chartar nor his Commission: those people hold all their lands by the seal of this Province, and have contributed to our publick charge for the defence of Albany, yett I must not levy warr against him, though provoked by his unmannerly letter to meet him there, which I would chearfully doe, but I hope to see him when without prejudice to their Majesties Interests (I can) assert our Resentment.2
1N. Y. Col. Mss. (Council Minutes, VI, 165). 2N. Y. Col. Doc., IV, 2.
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The Island under Puritan Control
CHAPTER XVII.
THE ISLAND UNDER PURITAN CONTROL.
The position of the New York authorities was the one privately held by the chief magistrate of the Vineyard. He had accepted the new regime with a mental reservation, for the sake of holding his position, but from subsequent events it is clear that Matthew Mayhew did not intend to adopt his new masters while there was yet hope that some flaw, fatal to the Massachusetts charter, could be found. Ac- cordingly, when the warrants for the annual election of a representative for the General Court to be held in June, 1693, came to the constable of Edgartown, Mayhew decided to send" one of the family from his home town, in combination with the pocket borough of Tisbury Manor, or Chilmark, as it had come to be called, to Boston as a matter of form. Ben- jamin Smith, his brother-in-law, was selected as the person for this mission, as "messenger" to the General Court. The Edgartown records, under date of May 1, 1693, give the fol- lowing information on this matter: -
Then the freeholders made choice of Major Mayhew and Mr Joseph Norton for to give instruction to the messenger in behalf of the public affair or concerns of the place whom they shall put in trust with these instructions that they shall give them to His Excellency the Governor of Boston and the Assembly there met in behalf of themselves as aforesaid.
Two weeks later, the records contain an entry that "Whereas they find themselves in many respects not able to send an Assembly man to Represent them according to writ," the town of Edgartown voted to join with Chilmark in electing a person who shall receive instructions from both towns. This plan was evidently an evasion. It was strange that Edgartown could not comply with the warrant, and Chilmark could; and the use of the term "messenger" shows how every chance was utilized to save the technical standing against the Massachusetts government. The record goes on to say that "the freeholders of Chilmark made choice of Mr Sarson and Mr Allen for to give Instructions to the messenger above Ritten May the 15th 1693: then ware Votes or papers of the freeholders of Edgartown and the freeholders of Chilmark
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History of Martha's Vineyard
ware opened and Mr. Benjamin Smith is made choyce of for the messenger In behalf of themselves as above written."1
MAYHEW'S ACQUIESCENCE INSINCERE.
The subterfuge of electing Benjamin Smith of Edgartown to represent Chilmark and receive his "instructions" from Major Mayhew and Richard Sarson may be understood when it is known that, at that time, there were not more than a half-dozen families resident in Chilmark. As a separate "town," however, it answered the purpose of Mayhew to impress the governor and general court with his numerical strength on the island. The instructions to the "messenger" were completed, and are of the greatest interest from a politi- cal and historical standpoint. They were formulated in the following paper, which Smith presented to the governor: -
To his Excellency Sir William Phips, Knt, Capt Gen'll and Governor in Cheife of their Majesties Province of the Massachusetts Bay in New England, the Honourable Council & Representatives now convened in General Assembly:
first I am according to the instructions given me from the townes of Edgartown & Chilmarke on Marthas vine-yard humbly to represent to your honours that our expectation is that we shall be secured in the enjoy- ments of such rights as we were privileged with the Government we were last belonging to by the goodness and bounty of their Majesties Royal Predecessors which we conceive hath been endeavored to be innovated by some persons amongst ourselves, more particularly: we have been priviledged with an act of assembly from New Yorke wherein Marthas Vineyard, Nantucket, Elizabeth Isles & Nomans-land was united into one County and we suppose not-with-standing some other- wise are Inclined that if it may so abide it will be most for their majesties Interest and good of their subjects.
2dly I am to shew that it seemed grevious to us that we seem to be named in divers acts of the assembly here by a name in no waies acknowledged by us and we hope it will not seem strange if it be considered that we ought not to be ejected out of our freehold without triall which is the direct consequence as we conceive of acknowledging that name.
3 ly I am to shew to yo'r Hon'rs that if an act be made that whereas in the divers acts mentioning Marthas Vineyard Alias Capowack, If it be inserted Marthas Vineyard and Capowick it will be more satisfactory to our people.
4 ly I am to shew that we acknowledge ourselves no wise included in the Charter of the Massachusetts Province but as being an Island lying within ten leaugs of the Maine.
5 ly I am to move that the records of our lands and evidences may not be liable to be removed hence where they have allwayes been keept by
1Edgartown Records, I, 33, 34.
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The Island under Puritan Control
comission from their Majesties Royall predecessors as being the prin- cipal place in the County and most convenient for all who may be concerned.
6 ly I am to move that respecting the different surcomstances these Islands lye under considered with the rest of the province we could humbly request that the former act against selling strong drink to the Indians may be enacted for these Islands.
Your hon'rs humble servant in behalfe of the towne of Edgartown and Chillmarke on Marthas Vineyard,1
BENJAMIN SMITH
It made no particular difference to the Massachusetts officials whether the island came in as Capawick, Martin's or Martha's Vineyard, or as "an Island lying within ten leaugs of the Maine," it was in, and they went right ahead to provide laws for its proper government. It is not thought that Tisbury was represented at this court, and Simon Athearn apparently rested on his oars. The General Court passed, on June 13, 1693, a comprehensive act to confirm all titles to property on the Vineyard, at this session, in order to quiet any misapprehensions arising from the change of jurisdiction. The text of this law is as follows: -
That all lands, tenemants, hereditaments and other estate held and enjoyed by any person or persons, towns or villages within the said island of Capawock alias Marthas Vineyard . ... by or under any grant or estate duely made or granted by any former government or by the successive governors of New York or any lawful right or title whatsoever, shall be by such person or persons, towns or villages, their respective heirs, successors and assigns, forever hereafter held and enjoyed accordingly to the true purport and intent of such respective grant, under and subject nevertheless to the rents and services thereby reserved or made payable; and are hereby ratified and confirmed as fully and amply, to all intents, constructions and purposes, as the lands in any other parts or places within this Province by virtue of their Majesties Royal Charter.2
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