USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 11
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While this transfer seems to have somewhat disturbed the
* Mr. Hough says (Papers relating to Island of Nantucket, p. 146) "The following is the Language of the Charter of William and Mary, under which Nantucket and Martha's Vineyard were claimed by the Government of Massachusetts Bay;" * * * all that Part of New England in America, lying and extending from the Great River commonly called Monomack, alias Merimack, on the north Part, and from three miles northward of the said River to the Atlantick or Western Sea or Ocean. on the South Part, and all the Lands and Hereditaments whatsoever; lying within the Limits aforesaid, and extending as far as the outer- most Points or Promontories of Land called Cape Cod and Cape Mala- bar, North and South, and in Latitude, Breadth and Compass afore- said, throughout the Main Land there, from the said Atlantic or Western Sea and Ocean, on the East Part, towards the South Sea, or Westward, and so far as our Colonies of Rhode Island and Connecticut, and the Narragansett Country. And also, all that part and Portion of Main Land beginning at the Entrance of Piscatoway Harbour, and so to Pass up the same into the River of Newichwannock, and through the same into the furtherest Head thereof, and from thence Northwestward, till one hundred and twenty Miles be finished, and from Piscataway Harbour's Mouth aforesaid, North Eastward along the Sea Coast to Sagadahock, and from the Period of one hundred and twenty Miles aforesaid, to cross (See next page)
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dwellers on Martha's Vineyard,* there is no comment concerning it on the Records of the Town of Nantucket. This apparent un- concern perhaps arose from the fact that Tristram Coffin, whose intimacy and sympathy were largely with the Mayhews in matters of local government was no longer living and there seemed to be no one to take up the cudgels in his place. Nor were Thomas Macy or Edward Starbuck living at the time; The feud which had existed between the Coffin and Gardner factions was softened by the death of Tristram Coffin, and, with the execution of the Dongan patent to "John Gardner and James Coffin, as Patentees," it passed into history. It would, nevertheless be quite interesting to know the train of reasoning by which Mr. Gardner so readily accommodated himself to the changed condition.
Apparently the earliest intimation the New York government received regarding the change came through a letter from Mr. Mayhew at Martha's Vineyard. The Council was convened August 12, 1692, and the record says: #
"Upon reading a Letter from Maj'r Mayhew of Martin's Vine yard to Wm. Nicolls Esq., signifying that the Inhabitants of the Islands in Dukes County are disturbed by some Warr't or Order directed to a Constable, or some oy'r Person, from Boston in New England, as if these Islands were under that Government, to their Disorder and Confusion. **
Their Maties Pleasure being noe ways signified to those in authority, how concerning the Surrender of any Part of this Prov- ince or Dependencye unto any Person whatsoever.
Ordered, that the Officers, civil and military, of the said County, be required, and they are hereby required, to continue in their Obedience to their Mat'ies Authority, settled over this their Province, pursuant to their several respective Commissions, until further order."
Mr. Mayhew was not satisfied with the attitude of the people of Nantucket. Although there was nothing in the new arrange- ment which seemingly affected his position socially or officially on
over Land to the one hundred and twenty Miles before reckoned up into the Land from Piscataway Harbour through Newichwannock River, and also the North Half of the Isle of Shoals, together with the Isles of Shoals, together with the Isles of Caporock and Nantucket, near Cape Cod aforesaid."
This is in very similar language to the grant of King Charles I previously noted.
*See Banks's History of Martha's Vineyard. According to Banks the Maythews and their friends resolutely opposed the change, while the opposition, in the persons of Simon Athearn and Joseph Norton, as strenuously favored it. Norton was elected Representative to the Gen- eral Court of Massachusetts.
¡Edward Starbuck died 4th 12mo 1690, and Thomas Macy died April 19, 1682. Thomas Mayhew Senior died in 1681.
August 12, 1692-Hough, p. 145.
** The order referred to was a precept directing each town to send a representative to a "Great and Generall Court" to be convened at Boston June 8, 1692. Banks says (Hist. of Martha's Vineyard, Vol. 1, p. 182) the qualification prescribed for electors was "a freehold of 40 S. per ann(nm) or other property to the value of £40 sterling." The
people of Nantucket do not appear by the Town Records to have taken any action on the matter, but the records of the General Court (Mass. Archives, Legislative 1-213 to 292) show that Capt. John Gardner was the Deputy for 1692-3, and James Coffin for 1695-6 and 1698.
THE JETHRO COFFIN HOUSE BUILT 1768. (See Traditions )
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the islands it seems apparent that he expected to be in some way divested of the power conferred upon his family under the juris- diction of New York. He wrote a letter of remonstrances to Governor Fletcher of New York on the subject which was considered at a meeting of the Governor's Council held at Fort William Henry October 31, 1692, of which the following is the record:
"Upon the Reading of Letters from Mr. Mayhew, Justice of the Peace in Martin's Vineyard in Duke's County,* wherin he doth ad- vise his Excelency of the Defection of Gardner and Coffin ,two of the Justices of the Peace in the Island of Nantuckett, in the s'd County from this Government, to that of the Massathusetts Bay und'r S'r William Phipps, and that they of Martin's Vineyard are threatened with Force if they doe not submitt to the Authority and Governmn't, of S'r Will'm Phipps, praying Advice, &c.
Whereas there is noe Advice from their Sacred Majestyes to the Governor and Councill of this Province that they had annexed any Part of this Province to the Massathusetts Bay, nor hath Sir William Phipps produced any Order or Direccon thereunto, nor made his Excell'y the Governor and Council acquainted with any of his Proceedings in this Affair.
It is the Opinion of this Board, nemine contradicento, that a Letter be sent to S'r Will'm Phipps, to demand by what Au- thority he doth claim the Government of Duke's County in this Government, to the great Disturbance of he Inhabitants. And that a Letter be sent to Mr. Mayhew, Justice of the Peace, wherein it be signified that his Excell'y the Governor hath wrote to S'r Will'm Phipps to demand by what Warr't and Authority he doth claime the Government of Dukes County, and to require the said Mr. Mayhew, with the rest of the Magistrates there, to maintain and preserve their Ma'ties Peace in the Exercise of the Govern- m'ent, pursuant to their respective Commissions, until further Order.
Ordered David Jamison, Cl'k of the Councill, doe prepare the s'd Letters accordingly."t
Following up the subject an Address was prepared and sent to the King which stated that "Wee your Majesties most dutyfull and loyall Subjects are called againe by our bounden Duty to lay at your Royall Feet our most humble and hearty Thanks for that inexpressible Favour that your Mat'ies have been graciously pleased (in the midst of your most glorious Design for the Redemption of our Nation and yo'r Mat'ies Allyes in Europe from the Tyranny of France) to regard the meanest of your Ma'ty's Subjects in this Place by your Royall Commission to his Excell'y Col. Benjamin Fletcher, yo'r Maties Captain Generall, our Governor, who since his Arrival in this your Mat'ies Interest, visited the ffrontiers and put them into such a Posture of Security that not only yo'r Ma'ties Subjects in this, but in our neighbourring Colonyes are hitherto safe from all Attempts of the Ffrench yo'r Ma'ties Enemyes, and by other prudent Measures taken by him he had composed Differences and reduced all the Subjects into perfect Tranquility, the Possession
*When the Province of New York was divided into counties, Nov. 1, 1683, Nantucket. Martha's Vineyard and the adjacent islands were constituted Dukes County. Dukes County was reincorporated and Nan- tucket County constituted by the Province of Massachusetts Bay, in June. 1695.
¿Papers relating to Nantucket, pp. 149-50.
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whereof was not long enjoyed, when some restless Spirits, not being satisfyed with that Harmony that was amongst yo'r Ma'ties Subjects here, interrupted our Peace by lessening and reproaching your Ma'ties Government, and stirring up Sedition amongst some of yo'r Majesties Subjects, too easily led aside Yo'r Ma'ties Government by this was likely to fall into new Convulsions, had not the Watch- fullnesse of his Excelency and his piercing Judgment discovered the Author,* a Person convicted of Murder, and ony by yo'r Ma'ties Clemency sett at Large, who had fled to Boston, and was there countenanced by Sir William Phips; and tho' his Excellency hath sent Expresse for the demand of the Incendiary, yet he peremptorily denied to deliver him, and rather gave him Encouragement, and doth not desist persuading other Parties equally destructive to your Ma'ties Interest, as by seizing of Martin's Vineyard, a Member of this Government ever since its first Settlement, under yo'r Ma'ties Crown, tho' it be neither by Name in the Massathusetts Charter, nor by yo'r Ma'ties Command to yo'r Ma'ties Governor here ordered to be delivered.
By Reason whereof your Ma'ties Peace is much disturbed, the Authority derived from the Crown impaired, and the Strength of this yo'r Ma'ties Province weakened, which is humbly submitted, with our continued Supplicacons to the Divine Magesty for yo'r Ma'ties long and happy Raigne attended with an irresistible Con- quest over all your Ma'ties Enemyes.
W. NICOLLS N. BAYARD CHID BROOKE FREDERICK FLYPSE
G. MINEVILLE S. V. COURTLANDT JOHN LAWRENCE
New York, Feb. the 10th, 1692."
Three days later Governor Fletcher received a letter from Governor Phips explanatory of the change in the Charter.
The Council held a meeting on February 13, 1692, at which "His Excell'y did recommend to the Council to meet this After- noon to consult of a Letter from Sir William Phips, dated the 2d of January, come to Hand yesterday, with a printed Copy of the New England Charter, and to give him their Opinion under their Hands concerning Martha's Vineyard."t On the following day
* Referring to one Abraham Gouverneur who had been sentenced for the crime of murder but had been discharged by Gov. Fletcher. He wrote a letter from Boston to his parents which fell into the hands of the authorities. The letter contained reflections on the government and "Words tending to Sedition, which did pass in a Conference be- tween Sir William Phips and s'd Governeur," which letter had created considerable disturbance.
The Governor brought the matter to the attention of the Council at a meeting held Jan. 5, 1692, and the Council recommended that the Governor write to Sir William Phips inclosing a copy of Governeur's letter and acquaint him with the evil consequences that had resulted from it and demand the extradition of Governeur. This, however, seems to have no relation to Nantucket or Martha's Vineyard affairs.
*The following is a copy of that portion of iSr William Phips let- ter to Gov. Fletcher referred to by the Council: "Sr. I lately Received yours of the 10th of nov'r past, In which you mention something of the Islands of Nantuckett and Martha's Vineyard. I presume you cannot be ignorant That it has been their Ma'ties pleasure to Incorporate those Islands with the late Colony of the Massachusetts, New Plymouth and the Provinces of Maine &c into one Real Province, by the name of the Province of the Massachusetts Bay in New England, in and by their Royal Charter granted the Seventh of October 1691. A Copy whereof for yo'r further Satisfaction therein I have Inclosed: And pursuant unto their Ma'ties Commission for the Government of s'd Province I have (See next page)
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at a meeting of the Council it was "Ordered, the Opinion and Advice of the Council concerning Sr. Will'm Phips L're and Martin's Vineyard be entered in the Council Book."
Ordered, the Addresse of the Council to their Ma'ties setting forth the Circumstances of this Government, be entered in the Council Book."
The opinion referred to is as follows:
"The Opinion and Advice of the Council concerning Martin's Vineyard to his Exell'y upon his Reference and their Perusal of Sr. William Phips L're and the printed Copy of the New England Charter.
New York the 13th of February, 1692.
His Excellency Ben Fletcher, &c., this Day having recom- mended to our Consideracon a Letter from Sr. William Phips dated the 2d of January last, come to Hand yesterday with a printed Copy of their Ma'ties L'res Patent for erecting and in- corporating the Province of the Massachusetts Bay, in New Eng- land, not attested concerning Martin's Vineyard,* and desired our Advice.
Upon Perusal of the s'd printed Copy, having duly considered 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 Isletts lyeing within tenn Leagues directly opposite to the Maine Lane, within the Bounds of the s'd L'res Patents which we are informed are many hundreds.
And we are humbly of Opinion that forasmuch as their Ma'ties have ascertained the North Halfe of the Isles of Shoals to the Mass- achusetts Bay, leaving the South Halfe to the Province of New Hampshire, those Islands lying dubiously opposite to the Province of Main and Hampshire, and the Islands of Capaog and Nantuckett to the Massachusetts Bay, both of which are to the westward of Cape Cod, which is the southernmost Bounds of their Patent, they can have noe Pretences by the s'd L'res Patents to Martin's Vine- yard or any other Island to the Westward of Nantuckett, which we humbly submitt and desire yo'r Excellency will be pleased to
with the advice and consent of the Council, granted forth Commissions and Setled both civil and Military offices in each of the said Islands respectively; who are in good quiet well and orderly disposed accord- ing to their Ma'ties Commands within their Government of this Province; I therefore desire & Expect that they be free any disturb- ances. ** * * * *
W. PHIPS
Boston Jan'y 2, 1692" (Mass. State Archives, Colonial VIII, p. 52)
Banks quotes from a letter written by James Coffin and William Worth, dated Oct. 13, to John Gardner: "Mr. Mayhew sent us over his shrife and Ben: Smith and one man more with the governors orders which we have sent his Excellency a true coppy; at there arivall they ware very high but we discourst with them till we made them calme; but in short we are all well satisfied by what we understand by them that Mr. Mayhew at thare returne with our Answer will goe directly for York; and we have reason to conclude will doe us all the mischife that he is aboll to doe; and by al that we can gather he hath bin & is the only Instruement to stir up the governor of York against us."
History of Martha's Vineyard, Vol. 1, p. 187.
*It would seem that the Council was not quite sure of the genu- ineness of the document transmitted by Gov. Phips.
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recommend the same to the Ma'ties by their Sec'y of State for their Decision in that Affair.
N. BAYARD FFREDERYCK PHILIPSE, JOHN LAWRENCE, S. V. COURTLANDT, GAB. MONVILL CHID BROOKE, W. NICOLLS."*
It is difficult to discover the logic of the reasoning of the Council that the Royal Grantors did not intend to include Martha's Vineyard in the Massachusetts Bay Patent, since it distinctly in- cludes by name the Island of Capawock and by the deed of Richard Vines the Island is called "Capawock als Martha's Vineyard." It is evident that the agreement did not create any visible impression, for there was no change made in the original adjustment nor any apparently even considered.
The Governor and Council of the Province of New York held one more meeting relative to the change of jurisdiction, the record of which is as follows: t
At a Council held at ffort William Henry, the 17th of March, 1692.
Present: His Excell'y Ben: Fletcher, Esq.
Ffred Philips
Chid Brooke
Steph Courtlandt Esqrs.
John Lawrence
Esqrs.
Gab. Monvielle
Caleb Heathcote
His Excell'y did signify the Occasion of his calling the Council together was an Opportunity for Martin's Vineyard, did offer his Opinion that it may be proper to send Mr. Mayhew a copy of the Councels' Report upon S'r William Phips L're and the printed Charter, to lett him know that his layd before their Ma'ties and desire him with the rest that are well affected to the Government to preserve the Peace, and act nothing by S'r William Phips Au- thority voluntarily, but what shall be forced upon him, and from Time to Time as Occasion to send Account of it hither, which is approved off, and the Council doe advise his Excell'y ac- cordingly."
The last act had been played, however, and the curtain rung down on the situation of Nantucket in its relation to the Province of New York.
Immediately after the formal transfer of jurisdiction was effected, in order to prevent any dispute arising regarding titles the General Court of the Colony of the Massachusetts Bay passed an Act for the "Confirmation of Titles within the Islands of Capa- wock, alias Martha's Vineyard and Nantucket."} This Act, after reciting the change effected by the new Charter and the condi- tions under which titles had been previously held, provided that- "It is therefore declared and enacted by the Governour, Council
*Papers relating to the Island of Nantucket, Hough, pp. 145-6-7-8. ¡Papers relating to the Island of Nantucket, Hough, pp. 153-4.
#Acts and Resolves of the Province of Massachusetts Bay, Vol. 1, p. 117.
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HISTORY OF NANTUCKET
and Representatives convened in General Assembly, and by the Authority of the same:
That all lands, tenements, hereditaments and other estates, held and enjoyed by any person or persons, towns or villages within the said Islands of Capawock, alias Martha's Vineyard, and Nan- tucket, and each of them respectively, by or under any grant or estate duely made or granted by any former government, or by the successive governours of New York, or any other lawful right or title whatsoever, shall be, by such persons or persons, towns or villages, their respective heirs, successors and assigns, forever hereafter held and enjoyed according 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, con- structions and purposes, as the lands in any other parts or places within this province, by virtue of their majesties royal charter.' This act was passed June 13, 1693.
Mr. Mayhew was clearly very much dissatisfied with the trend of affairs. As the malcontents on Martha's Vineyard were advocates of a Massachusetts jurisdiction* he evidently, and naturally, thought it meant a material limitation of his authority on both islands. Gov. Phips commissioned Wait Winthrop to go to the islands and administer the oaths of office to those in authority. His reception by Mr. Mayhew certainly lacked cordiality. In a letter to Secretary Addington, received October 21, 1692,; he writes that after some delay he met Mr. Mayhew who was returning home from Barnstable, and told him his mission. Mr. Mayhew, he says, "utterly refused to accept of any place himselfe, but said he knew not but his brother and Mr. Newcomb might, which he should encourage, and so went home in his canoe." From there Mr. Mayhew sent Win- throp some papers from New York which showed that the authori- ties of that province were not convinced of the validity of the Massachusetts claim. An order from Governor Fletcher set forth that Dukes County was in arrears of taxes £3.15s. and directed the colletors to push the collection to the extent of prosecuting delinquents. Mr. Mayhew was also ordered by the New York Council to recognize the New York Government until further orders. Those orders Mr. Winthrop believed would be transmitted as soon as a sloop then lying in Tarpaulin Cove could get to New York and return. He adds in his comments on the local situation- "one grate matter that dissatisfyes is that warrants were directed not to their towns which is an infringement of the liberty granted by the charter and not hauing their representatives ought to be excused from the late assessments. But for the future if thay fall under the Gov'rmt shall be willing to pay their dues. I haue not written to the Gov'ri not knowing whether he may be at home, but hope you will lay this matter effectually before his excellency and Councell that something may spedily be don." **
*Banks History of Martha's Vineyard.
+Mass. Archives, Towns II, 384.
#Gov. Phips-Mr. Winthrop's letter being addressed to Secretary Addington.
** Mass. Archives, Towns II, 384.
TYPICAL HOUSES
Upper Main Street Nye House About 1740
Richard Gardner About 1724 Benjamin Fosdick About 1750
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HISTORY OF NANTUCKET
Soon after this Matthew Mayhew addressed a letter to Governor Phips and Council setting forth his experiences regarding the practice and conditions of the courts in Dukes County and the difficulty in finding in Nantucket a jury that would be impartial to try local cases .* This condition was aggravated by the separa- tion of Nantucket inasmuch as prior to the division the Court could be held at Martha's Vineyard, or if held on Nantucket an appeal could be made to the General Court session at the Vineyard. In a letter from Simon Athearn of Martha's Vineyard touching the
*The following is the full text of Major Mayhew's letter-To his Excellency S'r William phips K'nt their Maj'ties Gov'rn'r the honorable Willia mStoughton Lef't Gov'rn'r and honourable Councill of the Prov- ince of the Massachusetts Bay in New England -- May it please yo'r Ex- cellencies and hon'r :- haveing had the hon'r (though unworthy) of serveing the crown, by severall trusts committed to me, in Dukes countie, more than twentie years under the severall Gov'e'nrs of the province of New York and thereby haveing knowledge of the state of that countie, according to my capacitie and being since the anexing s'd countie to this province, by the favor of yo'r excellency and this honourable court, honored with a Commission, relating to the Gov'r- ment of Martha's vineyard and being the greatest part thereof I beg yo'r Excellencie and hono'r pardon if in this (conceiving it to bee my dutie) I should erre in laying before yo'r excellencie and honors the present state thereof. The s'd countie conteining the Islands of Mar- thas Vineyard, Nantucket, Elizabeth Islands, with severall smale Is- lands adjacent is not only devided by removeing Nantucket, but like- wise Elizabeth Islands, and s'd Isles adjacent, as if not within this province, have not layn within the jurisdiction of anie Court from where the insuing inconveniences arise.
Nantuckett, being few people in number and haveing manie years, maryed in the relation of first and second cousens, and otherwise are so neerly related, that in causes among themselves, a Competent number to serve on a jurie can hardly be found the Complaint whereof by some of their own, was lately layd before the honourable Court; and the indians cannot expect anie justice in anie thing relating to their lands, since the freeholders, joyntly holding the Island from the Crown, are equally concerned to defend anie injustice therein don to the in- dians by anie one of themselves which inconvenience would leave a dore open to that injustice, that not one only hath been remedied, by their being inabled to have their causes tryed by the vicinage who were knowing in the particulars of their circumstances; which (however some pretend) manie of their inhabitants ,and some of good note among them, I know desier might be continued, the English inhabitants in the countie are grieved being abridged of the great benefitt to have the titles of their lands, tryed by honest men of the vicinage, and cannot easilie beleiev that the intent of so great a priviledge is answered by esteeming Charlestown of their vicinage, whose distance is so great, and judges must be such, that cannot well know the manner of their holds, with other circumstances relateing thereto, extremely divirs from anie within neer one hundred miles from Charlestown, and question whether a cause concerning their free hold brought originally thither would not bee objected to bee coram non judice which cause severall grounds of action have been deferred prosecution. I shall instance in one which is a Gen'tl of England pretending title to lands of about 200£ value which hath by his attorney; in part been layed before the honourable William Stoughton Esq.
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