The history of Nantucket County, island, and town : including genealogies of first settlers, Part 18

Author: Starbuck, Alexander, 1841-1925
Publication date: 1924
Publisher: Boston [Mass.] : C.E. Goodspeed & Co.
Number of Pages: 900

USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 18

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August 11, 1664, Tequanomany and Mekowakim sold to "the Englishmen belonging to Nantucket all that Broken up Land being from Wannacomet to Wepttaquage and from thence to Monomoy all within the English Bounds." in consideration "of Ten pounds alreddy Receiped of Thomas Macy and Five pounds at this present by Tristram Coffin and John Bishop." The witnesses were Francis Sachem Amos and Sarah Macy.

chasers." The original deed, which is in the Collection of the Nantucket Historical Association and was formerly owned by Mrs. Eliza Barney, varies in several particulars from the recorded copy and leads one to wonder if such inaccuracy was common. The following is a copy of the original deed:

"Know all men by these presence that wee wamuchmack Nickanuse and Naedotant of our free and uolantarey willes doe giue freely to Edward Starbuck all that tract of land called by the indians coweightuet and by the inglish the northest point of nantucket to him his heirs ex- ecuteres and assignss foreuer to inioy and quietly to poses and doe by this our deed under all our hands and Seals as fully confirnied it to the said Edward Starbuck and make it his as it is our owne with all the timber marsh and beeches and pondes or what so ever priveleges doeth or may belonge theire unto in witness whereunto wee her unto set- our hands and seales this third of Januarey 1660

Signed sealed and delivered in the presence of the mark R of RICHARD SWAIN JANE SWAIN the mark of WAMUCKMAMUCK Q

NICANOOS his Mark D

WAMOCHMAMUCK NICANOOS acknowledge the above written to be their act and Deed in presence of the generall court as attest MATT: MAYHEW SECRET June 12, 1677

USA SUMMOO or JOHN GIBES

The deed I Assign vnto the whole company the purchasers of Nan- tucket witness my hand this 30 of Agust 1663 EDWARD STARBUCK

Entered, und'r the letter N: in the office of Records

for Mart Viny'rd _ Nantucket June 14, 1677

per me MATT: MAYHEW, SECRET.

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HISTORY OF NANTUCKET

The earliest signs of any discontent among the Indians as to the English occupation which have been considered worth record- ing seem to have been coincident with the so-called "Insurrection" of the Half Shares men. * The circumstances and their develop- ment appear to suggest that the Insurrectionists, if not actually encouraging the discontent, did little to allay it. In the practice of the Courts at Nantucket, so far as the records show, there seems to be little, if any, distinction made between the English and the Indians; the law seems to have been administered impartially. The English were admonished to use moderation towards the Indians and not to exasperate them. Ordinary prudence would have dictat- ed such a course, even had the early settlers been otherwise dis- posed, for the Indians outnumbered the whites forty to one, and in case of a revolt outside help was far removed. So satisfactorily had local matters been carried on, that when King Philip visited Nantucket in 1665 to secure the assistance of the native Indians in his war against the whites, he was met by a refusal, and at a Town Meeting, on October 10th of that year, Attaychat (Autopscot, son- in-law of Sachem Wawinnit) "signified that himself with all the Tomokommoth Indians subject to the English Government in Nan- tucket, acknowledge subjection to King Charles the Second. This was done in the presence of Metacomet, alias Philip, Sachem of Mount Hop."t

Under the orders of the authorities at New York, the abori- gines were to have their own Constables who were to keep them "in Awe and good Ord'r, as is practized with good Success amongst ye Indians at the East End of Long Island."¿ In his letter of in- structions to Mr. Mayhew, Gov. Lovelace said, "And in regard at this Distance, and ye Unacquaintedness of the Inclinacons and Dispositions of ye Indyans, I cannot pr'scribe you any Rules that may be most proper for them. I shall therefore recommend that Affair wholly to yo'r prudent Managem't only you may acquaint them, that haveing now taken them into his Royall Highness par- ticular Protection, I shall be very carefull to Assist them in all Ex- tremityes; expecting from them noe other Returne, but that they . live quietly and peaceably; w'th true Submission to that Authority, w'ch now is sett over them." ** The principal Sachems were to re- pair to New York and pay homage to the authorities.

So far as is shown by the records, all was reasonably har- monious up to the year 1676: In that year Peter Folger, who had been imprisoned for' contemptuous treatment of the Court, in his letter of complaint to the Governor, it represents the Indians as in- dignant over the treatment that he is receiving and over the fact

*In July, 1673, a complaint was brought against Nickanoose and his son Isaac Wawinnet for "defaming the title of the English to the Neck called Pokamquoh," but after a critical examination of witnesses and deeds the Court declared the title was clear.

¡Town Records.

#Hough's Papers relating to the Island of Nantucket, p. 30. ** Papers relating to Nantucket, pp. 39-40.

ttPapers relating to Nantucket, p. 89.

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HISTORY OF NANTUCKET

that those whom he refers to as "young" men are in authority on the Island so that they are in doubt whether justice is shown them or not. Similarly, at the same time, John Gardner also a Half Shares man and an Insurrectionist, says in a letter to the Gov- ernor-"Amongst the Indians, there has ben Great Disturbence of late," and he also atributes the trouble to the "young Magistrates," albeit they compared very well in years with those who denounced them.

Among the Indians who were most uneasy was Obadiah, who, in 1674, had complained that Spotso, the son-in-law of Sachem Nicornoose, would neither divide nor set-off the land that was in partnership between them, and whose complaint had been patiently heard and adjudicated as he desired .* Obadiah was doubtless a man of rank among the Indians, because in the order for his award the Court refers to him and his associates as "the said gentlemen." It is well to note that prior to the "Insurrection" there had been no complaint from Obadiah as against the English, his complaints of injustice from his own Sachems had been settled to his admitted satisfaction, and the principal deeds prior to the rupture with the Half Shares men had received, to all intents and purposes the ap- proval of Peter Folger, who acted as interpreter.

In a letter to the Governor, dated March 23, 1676-7, Mr. Gard- ner writes-"May it please your Honor; this Indian Obadia Abone mesuer Impertunes me to signifi his busnes in wrighting: and he not haueing A Interpreter wherby he might speak to your Honor: the Indian Languish hear and with you much desering has mad mee willing but espestially the seruis and duty I owe vnto your Honor binds mee: and now Right Honorable his Complaynt is that his Land is wrongfully sold from him by other Indian sachems that had nothing to do with it; and he turned out and his Land now Emoyed by the English without Aney satesfaction ether to him- self or his Ansesters: that is the sum of his Complaint: and as to the Justnes or truth of it I Can say thus much that I have heard so much of it that I beleave there is much of truth in it: and the case being examened by your Honor or Any other Emparshall Judges hom your Honor shall Apoynt it will Appear so to bee; with many other Complaynts of Lik nature: I Judge to hav to Answered by Aney Judges vpon ether of thes Ilands I Am suer it will never be to the Indians satesfaction: and it being A hard thing for men to be Judges in ther One Case: the truth is ther is Great want of your Honors presence Amongst vs If it wear but on day or tow: if it might be your Honovrs plesuer so to do as we Are enformed it is: though I we are not worthy to Enjoy that fauor."t

Under date of May 31, 1677, Capt. Gardner wrote again to the Governor. From the contents of the second letter it would

*June 5, 1667, Obadiah Peteson, Larry Ahkerams and George Nan- ahuma complained that the Sachems had sold the land they lived on to the English and refused them a place on the unsold land, and each had been awarded 20 acres, without having to pay tribute to the Sachems and the complainants had declared themselves satisfied. The award was confirmed June 20, 1672, and their property was never to be sold unless by consent of themselves and the Sachems. ¡New York Records.

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seem that the former one was sent by an Indian who was expected to add his evidence in support of the charges, but the vessel they were in was driven ashore on Rhode Island by a storm and the mes- senger returned, bringing the letters with him. Capt, Gardner sends the same letters again, as, he says, there is "nothing but truth on them." He says further "ther is on thing mor I would Enforme your Honor of which is that the deade ov Indian purchas which Mr. Mayhew brougt to yourk when he reciueued the patent for the town of Gouernor Lauelas: and now stands on Record at yourk is A false thing as will apear it being nether signed nor sealed. I sepose it was of mr mayhews one making being much moar in it then was ever brought as will Aboundandly Apeare but mr Mayhew sayth it is the Copy of A dead that was procuered of the Indians to preuent others from purchasing: but now it is Asert- ed to be An onest thing and as I vnderstand thay intend to mayn- tain it to be a true thing: as yet the Indians vnderstand it not of it but should thay before it be Rectyfied as I dout not but it will when your Tonor haue the hearge of it it might be the Ocation of Envolving vs in blod with our naybors and the hole Coloney enuolued in much trobell at present. I haue the paper that was Recorded and Am Resolued not to deliver it except to your Honor or your Honors spetial Order for nothing but it seluef can prove it falce: Could they but Get it I question not but it would be quickly des- troyed."

Capt. Gardner concludes his letter by saying that a General Court is about to be held in Nantucket and that he expects to be imprisoned with Peter Folger. In a postscript he asks for directions concerning his recovery of his rum "Mr. Cofing haueing Acknoledged befor your Honor hee had it."*

It is a little difficult to determine just what Capt. Gardner refers to when he writes to the Governor about a "false deed." On page 264 of the Records at Edgartown appears this entryt "The deed of Nicanoose which he gave to Wawinnit. First this Wawin- nit has all the right to this land and nobody else before shall have or else had of Nicanoos since gave to him his right my son Wawin- nit has all the right of this land and nobody else before shall have it none else can dispose or divide this land if not willing Wawinnit to the disposing of it forever disposed Nicanoosoo and Pakepanessoo and Thomas Mayhew; afterwards to all his children Nicanoosoo only Wawinnit great and nobody else To this agreement Thomas May- hew witness, Katninanut, and Kistummik, and Kunwootammanmoo, Ponnantuckkowsa: and to be the chief Sachem Wawinnit. In

*Papers relating to Nantucket. Hough p. 107.

tThe records at Edgartown show that June 5, 1677, Nicornoose Con- veyed to his brothers Kealtohquen and Wohwaninwat, "his land, and with all the fruits of the land at Nantucket everie roots or trees or grass and all that is therein; aye and the stones shall be theirs. And if the whale shall happen to come shore, that shall be theirs also; and all that is belongs therein shall belong to his heirs or assigns forever, after him." (Page 206) Thomas Mayhew certifies that the deed was given before him. The witnesses are Pakepanessoo, Wanauteoh quontam and Kestumun. On the same day Wawinnit certified that he approved of the deed of his father Nicanoosoo and "I willingly set to my hand this 5th of June 1677."

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witness whereof I do to this record set my hand this 16th of June 1679.

NICANOOSE (his O mark)

Entered and signed by Nicanoose this 16th of June at attest MATT. MAYHEW, Secretary.

A certificate from Thomas Mayhew follows, to the effect that the foregoing "writing was made before the English came to Nan- tucket to dwell but how long I know not." This affidavit of Mr. Mayhew's was recorded September 3d. 1680 .*.

There can hardly be any question but all was regular in the sales of land from the Indians to the whites. R. A. Douglas-Lithgow, M. D. L. L. D. made a careful study of Indian affairs connected with the early settlement of the Island by the English and touching this phase he says: "The Provincial Governor of New York in 1671 (Lord Lovelace), thought it desirable to obtain a new deed from the Sachems, attesting the legality of the land sales, and an assur- ance that the stipulated terms had been duly complied with, before issuing a new patent. The necessary proofs were furnished in that year by Wanackmamack the Chief Sachem."t

It was after the cession of Nantucket and Martha's Vineyard to the Massachusetts Bay Colony that the complaints of the Indians assumed definite form. In 1694, the following petition was pre- sented to the General Court :;- "To the great & Generall Court now assembled in Boston &c.

The Humble Petition of Indians inhabiting in ye Island of Nantucket to yo'r Hon'rs

Humbly Sheweth

That wheras yo'r poore Petitioners under their last Sachem did Injoy Certaine Priviledges by a Certaine Contract made with ye English Inhabitants of that they should haue ye liberty of rearing stock planting provisions & vsing any Lawfull measures to procure & provide for themselves an honest liuelyhood & yt by their agreem't ye English weare obliged to maintaine a fence to preuent ye Petitioners Cattle or Stock as a fores'd to trespass or breake in to ye English libertyes or Bounds soe Sett pr agreement & also y't yo'r Petioners had likewise ye liberty of maintaining Cat- tle in the Pasturage or Common of said Island free as the English had; as also for felling of Timber Now Contrary to said agreement yo'r Petioners Bing debared from Said Priveledges & for Euery Cow that Grases in said Common is forced to pay ten shillings & for Euery horse fifteen shillings & for Every tree of timber fiue Shillings which to yo'r Petioners Seems to bee an agrievance & hopes that yo'r Hon'rs will please take into yo'r Consideration that thereby they may haue redress. Hopeing y't yo'r Petioners by their Deportment shall neuer merit otherwise than to haue yo'r hon'rs

*It is difficult to tell whether this deed is or is not the one re- ferred to by Capt. Gardner and the right of Wauwinnit to convey land under it questioned.

fLithgoe's Nantucket p. 76. See also Lovelace's patent. Papers relating to the Island of Nantucket Note pp. 129, 130, 131.

¿Massachusetts Archives, Indians Vol 1-30. p. 363.

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favo'r Beestowed on them & then as in duty Bound they shall Euer bee obliged for yo'r hon'rs Prosperity for Euer to Pray. NEN GILLES

"By the Lieu't Governour & Council-Ordered That Capt. John Gardner of Nantucket & Major Matthew Mayhew & Mr. Thomas Mayhew of Marthas Vineyard be a committee to inquire into the matters of complaint mentioned in ye within Petition and to make their Report thereon Unto this Board.

Boston 13th of March 1694-5."

What report the Committee made to the Council does not ap- pear. So far as the action of the Town is recorded it does not ap- pear that there was any discrimination between the Indians and the English. There was continually a tendency on the part of the Indians to overstock beyond the capacity of their land to provide for, and the English were debarred from being contributory to such conditions by selling them horses, or cattle or sheep, but the same laws limited whites as well as Indians.

Soon after the transmission of the complaint of Gilles to the Council, Seikinnou and Daniel Spotso sent the following petition to the authorities in Boston: *

"To His Excellency Richard Earl of Bellamont, Baron of Col- ony, Governor and Commander-in-Chief of the Province of Massa- chusetts Bay in New England, and the Honorable Council and Rep- resentatives in General Court Assembled:

The humble petition of Seiknow and Daniel Spotso, Indian in- habitants of the Island called Nantucket, within the said Province, humbly sheweth:

That whereas your poor petitioners, being Indians of Nan- tucket Island within this Province, said Island being peopled in part with the English who making divers purchases on said Island have claimed such interest in the herbage of the whole that they have on pretence of trespass done them by our cattle taken divers of them sold them and converted them to their own use notwith- standing our pretense of right to feed and pasture, in doing whereof they pretend law and to have done the same by authority thereof. If it please your Lordship and your Honors we humbly pray that in respect to the said English inhabitants and such as are. their judges or concerned or that have been concerned in taking away our cattle and forcing us to pay for using our own lands and pasturing our own rights become therein judges of their own cause, judge and execute what they call a trespass to themselves which can- not be avoided since they all claim a common right or share lying in common; every Englishman's case, as to such cases, is the pre- tended interest of both judges and people and ourselves being low in parts and poor in estate, not versed in English law yet taught our wrong by the light of Nature, humbly pray that your Lordship and Honors would please in honor to justice and pity to our distress to afford such relief as to your Lordship and to your Honors in wisdom may seem meet to your petitioners. Shall always pray as in duty bound."

*Mr. Worth expresses the opinion (Nantucket Lands and Land Owners p. 144) that this petition was sent to the Governor between May, 1699, and July, 1700.

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The petition goes on to mention specific cases of late occur- rence. Seikinow alleges that "some time this spring "Constable John Coleman took two of his cows, ostensibly on an order from Capt. John Gardner, it being alleged that the cattle were tres- passers by feeding on lands which belonged to himself and pur- chasers or the Town. Seikinow claimed that he had put them there in conformity with his own rights .*

Spotso apparently committed no overt act, but claimed to be debarred from his right of pasturage because of ignorance of the English law and the fear of meeting a similar fate to that of his fellow petitioner.

It is a little singular that the complaint should be made against Capt. Gardner, who about twenty-five years before had made himself the champion of the Indians against Mayhew, Cof- fin and Macy.

The petition is skilfully worded and was well calculated to attract attention from the Governor and Council. Governor Bel- lamont, who was waited upon by James Coffin in regard to it, said ----.

"The Representative that served for Nantucket. (one Ma. Coffin), came to solicit me and the Council to pass an act to restrain the Indians on that Island from trading with Rhode Island; the Indians had complained to me how hardly they were used by the English, and Mr. Coffin owned the whole matter there that the English had bargained with the Indians that half of the Island should be for the use of the Indians to sow Indian wheat on, but that while the crop is off the land the grass on that land is to belong wholly to the English; so that these Indians now that they would keep cattle are not suffered to do so. This is such a circumvention and fraud as ought not to be suffered, and so I told Mr. Coffin before the Coun- cil and I declared I would not give assent to any bill that should put a further hardship on those Indians."t

Even a somewhat superficial study of the deeds by which the the Indians conveyed their lands on the Island of Nantucket to the English, deeds that in some cases were carefully explained to the grantors and doubtless in all cases were understood by them, as well as the recorded acts of the Town, will show that Gov. Bella- mont seriously misunderstood the position of Mr. Coffin.}

It would seem that the Indians failed to get the satisfaction they sought for soon after the accession of Lord Dudley they ad- dressed the following petition to him:

*Capt. Gardner was Town Treasurer at the time, and held a com- mission as a Justice of the Peace.

.+New York Archives. Mr. Lithgow and Mr. Worth agree that "Nickanoose signed deeds only of territory belonging to some other Sachem, the fact is true of Wanackmanack. Neither signed a deed of any portion of the territory under his direct control. The Sachem At- tapchat (Autopscot) as far as has been found never signed any deed." Lithgoe's Nantucket, p. 75.

ĮH. B. Worth says (Nantucket Lands and Land Owners p. 147.) "It would seem from this account that there must have been a misunder- · standing on the part of the Governor of the statements made by Mr. Coffin, for it is not possible that he could have made the admissions stated by Lord Bellamont."

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"To His Excellency, Joseph Dudley, Esq., Captain-General and Governor-in-Chief in and over her Majesty's Province of Massachu- setts Bay and to the honorable Her Majesty's Council for the said Province:

The humble petition of Daniel Spotso, Abel Cain, and Peter Massaquet, all Sachems, belonging to the Island of Nantucket, showeth-

That whereas your petitioners are very much wronged and op- pressed by several of the English inhabitants of the Island afore- said, who did very much overreach your petitioner's forefathers, in the purchase of lands and tillage. And also, in carrying away all their wood that grew upon and under ground, to the great grief and damage of your petitioners, and who will be forced in a short time to leave their habitations, and be utterly ruined unless some rem- edy be applied for their relief. And whereas your petitioners are utterly without remedy, and cannot possibly recover their rights by law at home both Judges and Jurors being all parties in the cause for which reason your petitioners have been feign several times to address the authority of this Province but as yet without redress.

Your petitioners therefore humbly pray, that a special Court of Oyer and Terminer may be constituted and commissioned to hear and determine all causes that shall be brought before them in behalf of your Petitioners according to law.

And your petitioners shall pray, etc.,

DANIEL SPOOSPOTSWA PETER R. MASSAQUAT ABLE 1 2 CAIN"

Mr. Worth thinks that the above petition must have been drawn by Stephen Hussey,; basing his judgment on a similarity in the Indian petition to one drawn by Mr Hussey in his own behalf in June 1702, in which he claims that he cannot get justice in his own cases since the judges and Major part of ye jury will be the principal p'sons y'r petitioners brings his action against;" but the petition for the Indians, while making the same objection regard- ing jurisdiction, appears to have been drawn by a person more highly educated than Mr. Hussey and more adroit in stating his case.#

The petition was referred to a committee which subsequently made the following report: "We the subscribers, being Five of the Committee appointed by the General Court at their last Session in Boston in June last past being met at Barnstable on ye 18th day of August Instant to hear the Claims of sundry Indians to Lands on Nantucket, Marthas vineyard, Assowomsett, Titticutt &c ** and hav- ing before Notifyed on both sides duly considered the Indians Deeds, Wills & Papers presented to us some of which were ren- dered in English & others then Interpreted to us, by persons well

*Abel and Cain were sons of Saucauso or Jeptha.

¡Nantucket Lands and Landowners p. 147.

¿This was by no means the first time the question of the interest the people had directly in the complaints on which they were called to decide.

** There seems to have been quite an epidemic of Indian com- plaints.

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HISTORY OF NANTUCKET

knowing in ye Ind'n Tongue, do make this our Report accordingly .* * * * 5 And Concerning the Contest between the Sachems & Eng- lish on Nantucket ab't feed of Cattle. It Appears to us by Deeds that ye English have purchased the Herbage of Jeptha Spotso and Wawinnett Sachems there, and that the Will or Writing produced by the Indians to prove the former Conveyance of it to them by their Sachems, we Inquired into the Truth of it, and found by the Confession of the Scribe that wrote it & by other ye Witnesses that they did not Agree neith'r to the time nor place where it was writt (togeth'r w'th oth'r of their papers) w'ch gives us Cause to be- lieve that they were not true but forged & false.

BARNABAS LOTHROP JOHN THACHER STEPH'N SKIFFE JNO OTIS WM. BASSETT."

Barnstable, Aug't 27, 1703.

This report was read in the House June 7, 1704 and sent up for concurrence. It must have been returned without action for June 5, 1705 it was again read and endorsed "Ordered That it be Sent up, with a Motion to ye Board to Pass upon it first."t And there the matter seemed to rest.

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The history of Nantucket County, island, and town : including genealogies of first settlers, Part 18

Author: Starbuck, Alexander, 1841-1925 Publication date: 1924 Publisher: Boston [Mass.] : C.E. Goodspeed & Co. Number of Pages: 900

Author: Starbuck, Alexander, 1841-1925
Publication date: 1924
Publisher: Boston [Mass.] : C.E. Goodspeed & Co.
Number of Pages: 900