USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 12
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I might instance in multitude of inconveniencis respecting land evi- dences, lying at Marthas vineyard with the register, and the like the justices for the sake of justice being necessitated manie times, not to conform to the province lawes, respecting their jurisdiction and power, and other officers either to neglect that which ought to bee by them don or streck the laws.
and respecting other Islands though within the incorporations of towns on Marthas Vineyard have been a refuge for servants, and given some alreddie the advantage to bee transported beyond sea, and har- boured by the English there.
I have forced myself to the presumption thus to lay before this hon- ourable Court, the inconveniences attending the separating of the countie haveing been constantly attended with questions from con- stable, overseers, marshall and others, relating to their respective (See next page)
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same matter of the division he writes* "It will be most easy for each Island to keepe their perticuler sessons at home & in case of appeal to some superior Court. Beside it will be a Prouince Charg to heier a vessel onc a year to Carry ye Justices of ye Superior Court to marthas vineyard or nantucket."
That the same subject was agitating the people of Nantucket is shown by a petition from James Coffin evidently filed about the same time. Major Mayhew's letter bears no date so it is uncertain which was filed first or whether one was occasioned by a knowledge of the other. Mr. Coffin's petitiont is addressed
· "To the Hon'ble Wiliam Stoughton, Esq., Lieut. Govern'r of their Maj'ties Province of the Massachusetts bay in New england, & the Hono'd Council & Representatives assem- bled in General Court at Boston-
of The humble petition of James Coffin, in the names & behalfe the Freeholders & Inhabitants of Nantucket Sheweth-
The his Maj'ties Royal pleasure in determining the Island of Nantucket under the Government of this province hath given very great Satisfaction to the Inhabitants thereof, who always have been and still are ready to yield all due obedience to his Maj'ties Authority here established: And did with joy entertaine the notice of the Act of this Hon'ble Court in Conferring on them the priviledge of holding the Sessions of the peace & Court of pleas within themselves and that the Tryal of all civil cases by Appeal or writ of Error from their Inferiour Court of pleas shall be in the Superior Court to be holden in Boston or Charlestown, which priviledges, as they best agree with the inclinations of the Inhabitants and their way of Trade and Commerce, which is principally at Boston and the places adjacent, so any change or alteration thereof they feare will prove greatly prejudicial.
The end and scope therefore of this Address to the Hono'ble Court is for the preventing their feares, and by a Seasonable appli- cation to obtaine (if it may be) a further and more full confirma- tion of those priviledges already granted them, which som of late have projected the removal of them from, and essayed to reduce the Islands of Nantucket and Martha's Vineyard into one Countie: Against which yo'r pet'r humbly offers to the Consideration of this Court-
1. The great and unavoidable charge which all who shall be any wayes concerned to appeare at Courts, will be exposed unto in passing and repassing from Iland to Iland, the distance (by sea) being considerable, the passage also may be very un- certaine, and sometimes impossible; whereby also the Seasonable Serving of writs from one Iland to another may be often obstructed.
2. According to the usual method, where there is but one Regiment in a County one Chiefe field officer hath the Command of the Militia, and may draw them hither or thither as he shall judg meet, the danger whereof, in this case, by exposing one of the
trusts; how to get their pay; with several things relating to the as- sesment which I could not resolve being not directed by law.
Lastly, as to the Gent'n of Nantucket. I would hope they might not have so bad an intent, by desireing the seperation, nor intend to do so ill as they are necessarilie inabled to, and by under no smale temp- tation therefore, and shall forbear to instance; having been too prolix, considering yo'r Excellencie and hono's weighty affaires.
Yo'r Excellencies and hon'r humble se'vant MATTHEW MAYHEW.
Mass. Archives, Towns, Vol. II, p. 88.
*Mass. Achives, Towns, Vol. II, p. 111.
John Gardner and James +Mass. Archives, Towns, Vol. II, p. 117.
Coffin were the men to whom the Dongan pattent was addressed.
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HISTORY OF NANTUCKET
Ilands (their Strength being drawn off) to the mercy of the enemy, is obvious.
3. It seems very improbable that men duly qualified to be Judges of a Superior Court will be found on either Iland, and it Seems unreasonable to expect or desire the Superiour Judges of the province to transport themselves to either of these Ilands to hold their Court there: So that the Ilanders must either sit down satisfyed with the judg'mts of their own Courts, with out any Appeale or bring their Appeales or Writs of Errour over to the Superiour Courts holden upon the Maine: And if so, why may not the Ilanders of Nanutcket be allowed to continue where the Law hath already slated them, that being much more for their con- venience (by reason of their trade to Boston by Sea) than any other part of the province: and in times past, when they were under New York Government, they had their Appeales to the City of New york, the Metropolis of that province as Boston is of this.
Your pet'r therefore humbly prayes your Hono'r & this Hono'ble Assembly to grant to the Inhabitants of Nantucket the Confirma- tion of their Courts and Appeales, as the Law hath already provided and that no insinuations to the contrary may find place with you, and if it may Consist with the Law and Rule of prudence that they may be annexed to the Countie of Suffolk.
All which your pet'r Submits to the Wisdom of this Hono'ble Assembly
And shall ever pray &c., JAMES COFFIN.
The petition oif Mr. Coffin appeared to meet with a favorable reception and notice seems to have been issued to the authorities on Martha's Vineyard to present their objections if they had any, for Mr. Mayhew addressed the following letter "To the Worshipfuls John Gardner, Esq., James Coffin & William Gayer, Esqs., on Nan- tucket:
Gent'l
on motion to the Gov'nr' and Counsill of the province of the massathusetts Bay in New England, intimating the p'rsent state of that part thereof formerly Dukes county through some misin- formation to be abridged of the libertie of subjects to the Crown of England: the further consideration is remitted till yo'rsleves appear at Boston or show to them vnder yo'r reasons for yo'r urgent derier of yo'r seperation out of s'd county my self being dis'red to give you notice that his excellency s'r William phipps in Councell will hear the same in their convention beginning tuesday the 16th of Octob'r next when it will bee expected you should then give them vnder yo'r reasons therefore.
i am Gent'l Yo'r humble s'rvant
MATH. MAYHEW.
. Dated Marth Vineyard
Sept'r 28, 1694.
A letter was received from four of the Trustees* of Nantucket saying-"May it please his Excellency the Gouerno'r and honorable Counsell &c. haueing Receaved some lines from Mr. Mayhew sig- nifinge thare had bin some mis Information whareby ducks County are abbridged of the liberty of Subjects to the Crowne of England and that It is expected by gouernor and Counsell we should Render
*Trustees under the Dongan Patent.
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our Reasons for our urgent desires of our separation out of s'd County on the 16th of this present october Before His Exelency & Counsell in obedience whareunto humbly desier to Answer
1st. as to Mis Information we know of none neither Doe beleave thare hath bin any 2ly, that thare are any abbridged of the libertys of subjects to the Crown, (we know nothing off) nor Doe not se it) we look not on o'rselues so to be abridged) And why anye other should look on themselves so we know not Its true that at an asemly at Yorck to which we had no order for) any Representitive at which the whole Collony was Devided Into 12 Countys* one was so small as twas said was only some four houses in the willdernes to keep Swine And the greatest had but liberty of an Inferior Court, And had appeall to the grand sessions And to the governor and Counsell) And as toe ourselues we Judge our liberty is not Impaired Ether at the vineyard or toe ourselues) Be it obiected we haue no Superior Court as in some other Countys now in this province) we Answer we are not Capable of it) Nether are thare persons suitable in all that part Called Ducks County ) Nether were we in that state before we ware anext to the prouince. But had the liberty of holding Inferiour Courts in each Island by ourselues. Tho none of the other Island thare And our appeales
was to new York. Nexly for our urgent desier of seperation we know noe such vrgencye we hope his Excellency and Counsell know our desiers ware moderate for which we haue Reasons we Judge of wight) 1st If we (were) together It was But an Inferiour Court And vnder Corection Could be Expected no more now: And so much it is by our selues And was so before now in Respect of our distance being 10 or 11 leags by sea to attend the winds and wether Which al must doe that make vse of it Besides the charge of a vessel and hands which we have found great and trobelsom) which we hope will be Judged Reason suffitiont to desier to be eased: of so great a burden No County being vnder the licke Sircomstancies and al for no Advantege as before. lastly why any Gentelman of the vineyard should thinck themselues agreved we se not) should they say they want help we beleve it. They may Say to vs posibely Come help your fellows) But they are abundantly advantaged be- yound vs being as It ware but a ferry over to plimouth side whare they may be abundantly advantaged beyond what we can doe) And why any should be Angrie Because we desire to aunere to Boston as to our Superior Court we se not That being abundantly for
our advantage. And we suppos It will be granted them whare is most for thare advantage At which we shall not Emulate) had we not the liberty of Apeale to A superior Court far beyound what we Could have had at the vineyard we should have looked on ourselves much abridged of Subjects Libertys) And we suppos They not Considering how the law hath provided for vs may be a great part) If not the ground of the disattisfaction.
Much more we might say But vntil we know the pertickler obiections against what Is all Ready Stated Cannot so well make Answer So Hope his Excelency and Counsel will Except our Readi- nes and willignes with all submsio'n to Aquess In your Honers pleasure But humly pray that thare may be no Alteratio'n as to our present State) But that we may haue full oppertunity two Answar two pertickulars which we dout. as in Duty bound to pray your Exellency and Honnorable Counsells Reall Servants
JOHN GARDNER JAMES COFFIN WILLIAM GAYER WILLIAM WORTH.+
* November, 1693.
Mass. Archives, Towns, II.
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Two acts appear to have been drawn up. The first provided that "Martha's Vineyard, Nantucket, Elizabeth Islands and the Island called Nomans Land and all other Islands lying thereabouts shall be and remain one County to all Intents and purposes as formerly they have been by ye name of Dukes County and ye Quarter sessions of ye peace and Inferiour Court of Common pleas be there held four times in a year that is to say at Marthas Vineyard on the last Tuesdays of March and december And at Nantucket on the last Tuesdays of June and September." It was further provided that "the superiour court of Judicature shall be Annually held for ye Counties of plimouth, Barnstable, Bristol and Dukes county at plimouth on the second Tuesdays of March and September.'
This arrangement seemed to comply in some respects with the expressed opinion of Mr. Mayhew, but did not meet the ap- proval of the people of Nantucket, as appears by the letters of James Coffin and of the majority of the Trustees, which seem to have been written and sent in response to a suggestion for an expression of opinion from the General Court. The act passed the House of Representatives in November, 1694, and was sent up to the Council for concurrence. There it was held up for further con- sideration.
Evidently the arguments presented by the people of Nantucket as previously quoted, prevailed for the Act of November "1694" died in the Council and a new Act was drawn entitled "An Act for the better Settlement of the Island of Marthas Vineyard and Islands adjacent." The phraseology of this bill was *- "Be it Enacted by the Lt. Governo'r, Council and Representatives convened in Gen- eral Court or Assembly and by the Authority of the same That. the Islands of Marthas Vineyard, Elizabeth Islands, the Island called No mans Land and all the dependencies formerly belonging to Dukes County (the Island of Nantuckett onely Excepted) shall be, remain and continue to be one County to all Intents and pur- poses by the name of Dukes County And all Appeals from any Judgement or Judgements given or to be given in any of the Inferiour Courts of Pleas within the s'd County shall henceforthi be heard and tryed at the Superiour Court of Judicature to be holden from time to time at Plymouth within the neighbouring County of Plymouth, any Law usage or custom to the contrary notwithstanding; the Jurors to serve at s'd Superiour Courts of Judicature to be from time to time chosen and sum'oned out of the several Towns within the s'd County of Plymouth and Dukes County according to the directions in the Law in such case provided. "The Island of Nantuckett to remain & continue under the same Forme of Govern'nt as is already there settled; and Appeals from the Judgements given or to be given in the Inferiour Court of Pleas within ye s'd Island to be heard and tryed in the Superiour Court of Judicature to be held at Boston within the County of Suffolk as is by Law provided."
The act was passed in June 1695.1
*The same bill, or one practically identical, passed the House again Feb. 28, 1694-5 but like its predecessor died in the Council. Towns II, 122.
fIt would appear to have been the result of the remonstrance of the people of Nantucket in the summer of 1694.
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HISTORY OF NANTUCKET
It was about this time that a French privateer appeared off Nantucket. A letter from John Thatcher to Lieut. Governor Stoughton, superscribed "post hase-for their maiesties service," dated Barnstable 3rd of May, 1695,* says "Intelligence just now from nantucket that the French are now there with a vessell. I have ben on shoare & the intelligence we have is heare in in closed." The urgency of the matter is indicatd by these endorse- ments-"all Their maistes officers to whome this shall. Com are Required to post this with all possible speed as directed, John thacher Jus. Peace," and "This to be delivered to Constable of Scituate & so from Constable to constable hast post hast. Will Bradfom's Justice of peace."
The inclosure Justice Thatcher mentions was from. Nantucket and was as follows: "worshipful Sir-This is only To Enform That This night The ffrench Landed on our Island plondered on House and caried Away fovr (2) men and are now About The Iland of what for I know not. it is but A small Vessell They said at The Hous. Ther was 2 more of which wee know not. we thought Good to for To signifi That Ther may be post sent To Boston. which is All and in hast from
Your servant JOHN GARDNER
Nantucket The 3 day of May 1695.
In a letter apparently addressed to the Lieutenant Governor, Barnabas Lothrop gives a little more detailed account of the de- predations of the privateersmen. Under date of Barnstable, May 6, 1695, he writes-"honorable sir I sopose your honor has had the a Count from nantucket that the french were Landed one the est end of the Iseland pludered oe hose caryed away the man and his son. there vesill was a bark or a shallop. thay thouht the number to be a hundred but being in the night and much frited there mite be considerable Les. we know not they sayd at the house the frensh men spake of two consorts they had. we sent over a whale bote but not yet returned. we hant herd from them sense capt gardners Lines that were posted to your Honer. we herd grate guns there all most every day sens. we are ferefull Lest the Island should be taken; tis very probible that gardners sloup that came from Boston is taken and with him Capt Gorom and seuen or eight of our naibers going to a weding. tis thout thay had in fouer or five hundred pounds ad this day has there bene a gret fite at se twixt nantucket and marthas vinyerd; seuen uesils at Lest were sene. twas hasey other wise we mite have
sene more of there action.
the most of them seemed to be
sloups two or three semed prety big vesils. we herd the guns from about a Leuen a clk to a bout four at times small shot very much. I think we herd at Lest a hundred gret guns and moer. they stud estward tis now an ouer within night and the bot not returned from nantuket which increses our fers. we can giue no farther a count only sum grat guns were herd after sunset : a day of troubell the good Lord pity us and fight our batel else we are in a woeful case: not more at present But £ make bould to subscribe myselfe your honers servant to serve to my utmost power
BARNABOS LOTHROP
*Mass. Archives, Letters 30-31.
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William Bassett of Sandwich in a letter concerning the same raid adds these particulars-"There is this evening Come Down from Falmouth five men that was taken yesterday By the french in a Brigateen that came from Jeneka laden with salt had on bord 1000 lb in cash the masters name is Greenwood belonging to boston, and they say that she hath took divers vessils more this day that were coming from the westward, they have taken in all seaven vessils as we are Informed, these men say that the french are 54 in number well armed they came In a shalop which had two Guns and two pattardak (2), and say that they come from the mouth of Canda River and is thought that they are on their Motion Back again they were seen this after noon about six of the clock about the hors shoe* or between that and Cape poge, these men say that they have caryed away no english prisoners only the mate of ye briginteen and that they have taken on bord the briginteen the guns that was in their shalop, and she had 3 or 4 before."
Soon after this raid of the French, in all probability as a result of it, the following petition was sent to the Colonial govern- ment: ; "To the honor'ble William Stoughton Esq'r. Lieut. Gov'rn'r & comand'r in cheif in & over his Maj'ts p'r'vince of the Massa- chusetts Bay in New England the hon'ble Council & Representa- tives of s'd p'rvice in Generall assembly Convened-
The petition of Matthew Mayhew re'pr'sentative of Edgar- town and Chilmark on Marthas vineyard and James Coffin Rep'r'- sentative for the Island of Nantuckett
Humbly Sheweth-
that the Islands of Marthas vineyard and Nan- tuckett being on the frontier of this pr'vince, and not only so but lying in that part where the french are more particularly designed for advantage of taking not only provisions coming from: the western partes but likewise shipping from most partes haveing commerce and loads heer have alwais in time of warr been thereby exposed to a continuall charge not only for securing of themselves but manie times for succer and defence of such shipping, and that not only by English inhabitants on said Islands, but likewise by raising such force as they could, by armeing the indians, supplying them with ammunition and provision, while the enemie hath been on the coast, were while they were annexed to the pr'vinc of new York supplyed wth ammunition, armes &c. at the charge of s'd province, and in consideration of their great charge while the enemie were hourly expected to come into their harbour, more for the shipping there then hopes of profit by plundering such poor places: and the necessitie of liberallitie to the indians in drink and provision over and above powder and the like necessaries, were by the justices of s'd province, so far abated of the proportion they should have otherwise have payed for sustaining the charge incumbent on the province that in a tax of about ten thousand pound the said Islands were assesed but fifty pounds and in con- sideration of their lying so open to the enemie were by the Gov'r'n'r & Councill p'rmissed a supply of powder small armes for the indians, and a further supply of more great guns immediately before their being annexed to this pr'vince: all which considered, and that all such Charge hath since that time wholly been on the inhabitants, to the value of many hundred pounds, and often more for securing the shipping laden with provision, and other shipping
*The Horse Shoe Shoal.
+Mass. Achives Military, Vol. IV. p. 298.
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bound to boston & adjacent towns, it being beneath both an English and a cristian spirit to suffer the taking of such vesls when it might be by us hindered beside the after charge of sending botes to nform vesls comeing in from sea of the enemies being on the coast, so that s'd Islands are at this time deeply indebted, and particular men, on such sudden ocasions know not when they shall be reimbursed, and probably never from a poor distressed people.
Therefore yo'r petitioneres verily believing it hath not been that this honourable Court would not have accordingly have either abated said Islands in the particular taxes or otherwise assisted them, but our own defect in not laying before them the reasons, therefore, now humbly pray
that whereas the inhabitants of s'd Islands, have been doomed to pay certain summes of money as their proportion on a tax of thirtie thousand pound, that in consideration that they have sus- tained the cost and charge aforesaid, without charging the province anie thing for the same, and for the better inabling them to secure both themselves and such shipping comeing into and going out of this province: that it would apear this great and generall court that the said summes may be remitted, each Island disbursing towards fortifying the same, in providing armes and ammunition, whereby they may bee inabled to doe his majesty and his province better and further services: the summe of fifty-pound each Island and an account thereof to bee particularly made to this honourable court, by the p'rsons who they shall in their wisdom commit the care thereof unti: and the said Islands erect at their own charge sufficient prisons. all which yo'r petitioners humbly lay before this hon'able Court, praying the same may be enacted and shall always always pray &c
MATTHEW MAYHEW JAMES COFFIN.
The response to this petition was soon forthcoming. The prayer of the representatives of the two islands was duly con- sidered by those in authority "And his honour the Lieut. Govern'r and Com'and'r in Chief declaring his Intention to order Fortifica- tions to be Erected in the s'd Islands, Voted That abatem't be made unto the Islands of the respective sums oweing from them in arrears of ye thirty thousand pound Tax as is above prayed for to be disbursed and laid out upon each of the s'd Islands in Fortifications Artillery Arms & Ammunition according as the Com'- ander in Chief shall give directions the accompt of the expense thereof to be laid before and Examin'd by a Com'ttee to be ap- pointed by the Com'ander in Chief for the time being and to be laid before this Court, the Sums hereby abated unto s'd several Islands and to laid out and expended as afores'd is £150 to Marthas Vine- yard and unto Nantucket is £150.10.9." The act was read and passed in the Council in October, 1696 and concurred in by the House.
Doubtless some kind of a fortification was built and guns mounted in Nantucket but there seems to be no further record concerning the matter nor anything to show where they stood.
The period from 1700 until the beginning of the Revolutionary War, is quite devoid of noteworthy events that are not recorded under some special division. The Town Records, like those of other
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towns, are singularly barren in detail, and leave the gleaner of historical material to wonder why so many interesting stories were only half told; and why so many documents, capable of throwing important sidelights on municipal action, were not more carefully preserved. Few clerks seem to realize that they are writing his- tory, and that many matters, well understood perhaps by contem- porary participants, will be unsolvable enigmas in a few years, when those immediately concerned have passed into the "undis- covered country."
The chief matters of interest for the period named (1700 to 1775), excepting those specially treated, are, however, to be found in the Town Records. One at least, can get some idea of what was done of municipal concern, and it is interesting to note in this con- nection what the Records contain.
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