The history of Nantucket County, island, and town : including genealogies of first settlers, Part 29

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 29

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The further doings of this Court upon the information ex- hibited against said Town be stayed till the Conduct of said Inhabitants is better known-but the said Inhabitants are hereby, now, strictly forbidden to send any memorials, or have any further communication or Correspondence whatever with the Enemies of these United States without first Obtaining the leave and Appro- bation of the General Court of the state aforesaid, or the Council of the same in the recess thereof. And the Inhabitants of this State are also required to use their utmost endeavors to discover any Person, or Persons, that hath or shall hereafter presume to carry on any trade or hold any Communication or Correspon- dence with the Enemies of the United States and forthwith to give notice of same to this Court, that all such Offenders may be brought to Condign Punishment, for such Offences."

The report was accepted by the Council, concurred with by the House and returned to the Council where it was formally consented to.

The troubles arising from the visits of the Refugees were by no means over. Not only did their vessels, as well as English privateers, continue their threatening visits, but Thomas Jenkins, who had removed to Lynn in the summer of 1779, and who had lost a considerable amount of property through their depredations, indirectly accused five prominent residents of the Island of being responsible for his loss and directly charged them with what, under the law, was treason and punishable by the severest penaties. As the proof of his charges would of necessity have involved

tained in Georgia," Col. Lee adds that no British army would then have been needed to preserve the neutral state, "and the sweets of peace, with the allurements of the British commerce, would probably have wov- en a connextion with Great Britain, fatal in its consequences, to the in- dependence of the Southern states." The inference seems clear that if the English commander had accepted the terms offered him by the in- habitants of the city of Charleston the Southern States would have re- mained subject to the King of Great Britain.

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the Town itself as a corporation it will be interesting to con- sider the affair quite at length. .

At a duly warned Town meeting held July 7, 1779, the Committee that had been to Newport and New York to obtain relief from further depredations by the English and by Refugees, made its report .* The report was accepted "as being entirely Satisfactory to the Town and that they have fully answered the Intent and End of their Missions .. " It was also voted "that the Town and all the Particular Inhabitants thereof will remain in a Quiet and Peaceable Disposition and Situation of the future as being the Ground & Basis of the Indulgence granted them by the British Commanders at Newport and New York."

On the 7th of August, two English privateers captured a brig, Stephen Gardner, master, bound for the West Indies, and a sloop, Abishai Swain, master, bound to Kennebeck for a load of wood. Both were captured soon after leaving the harbor. About the middle of September three English privateers entered the harbor. While there a small American privateer sloop anchored inside the bar near the Cliffs. The Refugees who were with the English privateers, carried a cannon to the Cliffs and fired several shot at the American vessel but to no effect, for at high tide the American weighed anchor and went over the bar again. The failure of the Refugees to capture or disable the American privateer was evidently a matter of considerable annoyance for on September 14 the day following the bombardment from the Cliffs, Messrs. Tupper, Rotch and Starbuck were summoned by Leonard, the Refugee Commander, to meet him at Martha's Vineyard. Among other things the Islanders were accused of was having assisted the American privateer to escape by signaling.

* The report of the Committee was as follows (Macy p. ) "Nan- tucket, 7th mo. 5th 1779. To the inhabitants of the Town of Sherbourne: Agreeably to your appointment, we proceeded to Newport and New York, and presented the memorial to the Commander-in-chief of the British army and navy, and after repeated applications, we received their answers (Sir Henry Clinton's was only verbal), assuring us, that he had given orders that no further depredation should be made upon the island, on property belonging to the inhabitants, by persons under the authority of Great Britain; Sir George Collier gave us the same assurance in writing; and for a full knowledge of his disposition, we refer you to the enclosed declaration." The report was signed by all the Committee.

The declaration referred to was: "By Sir George Collier, Commo- dore and Commander-in-Chief of His Majesty's ships and vessels em- ployed in North America, from the North Cape on the Island of Cape Breton, to the Bahama Islands and Florida, inclusive; As great numbers of the inhabitants of the island of Nantucket are represented to me to be of the sect called Quakers, and consequently not accustomed to bear arms, and believing the remainder of the inhabitants to be quiet, in- offensive people, who have already suffered severely the calamities of war, I therefore think proper to forbid all privateers, letters of marque, armed vessels, or bodies of armed men, from molesting, ravaging or plundering, the estates, houses, or persons, of the inhabitants of the said island; and if any shall be found to act inconsistently with these directions, their commissions as privateers, or letters of marque, shall be vacated, and themselves punished for the offence. Given on board His Majesty's Ship, the Raisonable, off New York, 23d June, 1779. (Signed) George Collier. By command of the Commander, John Marr, Sec'y."

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Upon the return of the committee on September 18 a Town Meeting was immediately convened to consider the demands of the Refugees. It was voted that the Town disavowed any hostile proceedings against the English or had done anything to forfeit the favors received. It was also voted to present the British forces. with an ox to replace the "one that they had lost." Timothy Folger, Stephen Paddack and Dr. Gelston were appointed a com- mittee to draw up a memorial and present it to the English com- manders .*

So much is preliminary to the charges made by Mr. Jenkins and is essentially a portion of the story ..

Under date of September 30 in the Town Records is the fol- lowing:

"At a legal Town Meeting at Sherborn Sept'r 30, 1779, Sil- vanus Starbuck is chosen Moderator for the Meeting. Voted That Tim'y Folger Esq'r Christ'r Starbuck & Benj Hussey be a com- mittee to draw up a Memorial in behalf of the Town setting forth the Grievances & Distress the Town now labors under in order that the same may be presented to the General Court.

Voted that Timo'y Folger Esq'r be the person to proceed to Boston and present the above Memorial to the General Court and to use his utmost Endeavor to Releive the. Distress of the Town.

Voted that the approbation of the Selectmen to the said Memorial be sufficient in behalf of the Town."

The memorial set forth the unusual difficulties the inhabitants of Nantucket had encountered from the beginning of the war. The time had arrived when they could no longer endure the con- ditions forced upon them. The memorial stated that "the In- habitants of this Island are computed at near Five Thousand Persons, in about Seven Hundred Families, at least one half this number if not Two thirds are totally destitute of Firewood, of which doubtless you are acquainted, this Island produceth very

*The letter from Winslow and Leonard was dated on board the ship Restoration, September 16th 1779, and stated in substance that they had been informed by John Boswell, an officer on the letter of marque schooner Royal Charlotte, that on September 12th, a colonial sloop standing into the harbor of Nantucket was signaled from the shore and prevented from becoming a prize to the Royal Charlotte and to the sloop General Carleton, then at anchor there. It accused the people of Nantucket of a disposition to molest and disturb His Majesty's ser- vants on duty there and that they had forfeited the indulgences granted them, and declared that unless an immediate and sufficient explanation regarding these transactions was given, operations against them would be commenced. The removal of any vessel in the harbor, unless by special license, was forbidden.

The reply of the Town to the charges was, in effect, that the sloop referred to came over the bar, anchored within a quarter of a mile from shore and lay there 12 hours, which would not have been likely to be the case if they had been warned. If any signal was given it was by some lads and entirely unauthorized. Moreover the pilot saw no signal but was informed by the crew of a small sloop of the pres- ence of the British vessel . The second charge, of aiding the King's enemies was explicitly denied. Nothing had been done inconsistent with the privileges granted. On the other hand British armed vessels had seized fishing vessels and crews and allowed their men to go on shore and commit depredations, in spite of the orders of the Commander-in- Chief, which were shown the captain of the vessel.

The Refugee Commanders assured Messrs. Folger, Paddack, and Gelston that the people of Nantucket would not be molested so long as they adhered to their own votes.

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little: we consequently are dependant on the Continent for this article, which has for a long time been brought to us very sparing- ly from the risque occasioned by the frequent passing of British Cruisers, but a total stop for some time hath taken place *

* many other necessaries of Life we are in great want of, parti- cularly Meal which added to that of Firewood, with the con- sideratión of the nigh approach of Winter, and the uncertainty of the way being opened for providing those articles, exhibits a very gloomy prospect." The memorial further sets forth the important place the Island had held in the affairs of the Colony and hoped to occupy and prayed the favorable consideration of the General Court.

This memorial was read in the House of Representatives October 8, 1779, and referred to a committee consisting of Mr. Nichols, of , and Mr. Phillips, of Andover, with such as the Honorable Council might join, to consider and report. To them the Council added Francis Dana Esq.'r.

The Committee appears to have met at once for under. the same date as that of their appointment appears the following: "The Committee above named beg leave to report that the fore- going petition be referred to the next session, and Capt. Jenkins, late an Inhabitant of the Island of Nantucket, but now residing at Lynn in the County of Essex, be by the Petitioners notified to attend the Gen'l Assembly on the second Tuesday of the next session, to be examined touching the Conduct of the Inhabitants of said Island." Both houses accepted this report .*

At the December session the matter came again before the General Court. On December 16 the Council appointed Thomas Cushing and Samuel Adams Esq.'rs and the House appointed Wm. Greenleaf, Major Cross and Col. Gerrish a committee to give a. hearing to the petitioners and report.

In meantime Thomas Jenkins had preferred a complaint which came before the Council December 16, 1779, and which was as follows:

"To the Honorable the Council, and the honorable the House of Representatives in General Court assembled, at Boston, Nov.'r 1779.

Thomas Jenkins humbly sheweth-That as a true and liege subject to the State of the Massachusetts Bay, as well as from enormous personal Injuries received, he is most strongly urged to lay the following representation and complaint before the Supreme Legislature of the State.

Your petitioner complains of Dr. Benj. Tupper, Timothy Fol- gier Esq'r, W. Rotch, Samuel Starbuck, & Keziah Coffin, all of

*It would seem that for some reason Dr. Tupper was detained in the Suffolk County jail for under date of December 18, 1779, he peti- tions the General Court for release setting forth that he is seriously ill and that the charges against him are false and asking to be released on bail. On December 17 the Court "Resolved that the Sheriff of the said County of Suffolk be and he is hereby directed to procure for the said Prisoner such Assistance and Accommodation within the said Goal, as shall be conducive to his Comfort so far as may be consistant with his safe keeping, until the further Order of this Court or he be dis- charged by due Course of Law." The prisoner was to bear the extra expense occasioned by this leniency. (Mass. Archives, Vol. 225, p. 407).

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the Island of Nantucket, as persons dangerous and inimical to the freedom and Independence of this and the other United States of America; as encouragers, aiders & abettors of the Enemy, in making inroads on the State Territories, & depredations on the property of the good subjects of this State.

It can be clearly proved (should your Honors think fit to order an inquiry) that reiterated attempts have been made by some of the above Persons, to induce the Inhabitants of s'd Island, to settle a correspondence with, & openly join the Enemy.

In particular the s'd Timothy Folgier applyed to the Select- men of the Town of Sherbourne, in a written request, subscribed with his own hand, to call a convention of the Town, in order to chose a Committee to treat with the British Commanders at New York and Rhode Island; & also to determine whether it was expedient for the Town any longer to pay Taxes to this State; & upon the s'd application being reprobated by the Select- men as highly prejudicial & inimical to the Honor & interest of the State, s'd Folgier declared several of the principal In- habitants of the Town were of his Opinion; & then insolently told the Selectmen they deserved to be damned if they refused to comply with this proposal. This treasonable proposition will be proved by the Selectmen.

That there was a private correspondence carried on by some or all of the aforesaid Persons with the Enemy can be proved by the annex'd list of Witnesses No. 2- And that the Com- mander of the predatory Fleet which came to Nantucket last spring, confess'd that they never should have come there on the Design they executed, had they not been repeatedly called upon & invited for the purpose, by the Friends of the british Govern- ment, in the infamous Number of whom the Persons above com- plain'd of were notoriously enrol'd. Dr. Samuel Gelston will prove this Confession.

That upon the arrival of the renegade Fleet at the bar of the Harbour, the afores'd Rotch and Folgier together with one Josiah Barker, (without any appointment or Consent of the Town) went on board the s'd Fleet, and after tarrying some Time, came on shore in company with several of the principal refugee Officers, & immediately went to the s'd Rotch's House, where, after calling in three or four other men of the same inimical character with themselves, a long consultation was held.

In about an hour the Council broke up, & one of the s'd Officers with a number of his People proceeded immediately to some Ware houses of your Complainant, & robbed him of - 260 barrels of Sperma Cati Oil, 1800 wt. of Whole Bone, 2300 wt. of Iron, 1200 wt. of Coffee, 20,000 wt. of Tobacco & a number of smaller articles all of which they carried off, together with a Brig't one moiety of which he owned, to the loss of your Com- plainant, Twenty five hundred Guineas at least .- This property was pointed out to them by the s'd Dr. Tupper and Keziah Coffin. That other Effects of the true & liege Subjects of this State were particularly pointed out to the Enemy for Plunder, by some of the persons above complained of, & especially by s'd Starbuck, can be amply proved.

-Your Complainant begs leave further to add, that after the Enemy had got possession of his Brigantine above mention'd, frighten'd with a false alarm, they precipitately left the Harbour, & the s'd Brig't behind them, with only five men in her, upon which some of the well dispos'd Inhabitants proposed securing her, which might with ease have been effected; but the s'd Folgier and Rotch with some others of the same complexion & sentiments interpos'd and dissuaded, & oppos'd the intention of the People;

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by means of which the said Brig't and Cargo were finally carried off, after a Pilot was procured by the Enemy, who was induced to take charge of the Vessel by the advice of the aforesaid William Rotch .-

To put the inimical and treasonable Sentiments and designs of the s'd Doc'r Tupper beyond all Dispute, after he had return'd from New York, with s'd Starbuck & Rotch, where they had gone on an illegal & dangerous errand, upon a Town Meeting being convened, said Tupper after having menaced & abused all those Persons, who had been opposed to the s'd Triumvirate going to New York, he moved that a Committee should be chosen, for the purpose of seeing that the King's servants, meaning the adherents & officers of the British King, should receive suitable respect & Protection & be kindly used, & that all refractory Persons (mean- ing such liege subjects of this State as were opposed to their traitorous Proceedings), should be apprehended & sent where they would meet their Punishment.

Innumerable other Instances of the most dangerous & illegal Conduct in some or all the Persons now complained of can be pro- duced, should your Honors think fit to order an Inquiry to be made; which your Petitioner & Complainant humbly prays may be order'd, as well for the public Interest, as that some reparation may be made to him, & his other suffering Brethren, who have sustained very heavy loss, by this cruel & treasonable manage- ment of those People; and that such Order may issue from your Honors as shall compell the persons charged as above, to answer to these Articles of complaint, and that summonses may be granted for the Witnesses whose names are herewith handed to your Honors, to attend at such time as your Honors shall order the inquiry to be made.

And your Petitioner as in duty bound shall ever pray .- THOMAS JENKINS. *

Mr. Jenkins' petition was read December 16 and was referred to the same Committee having under consideration the Memorial from the Town presented by Timothy Folger. The House subse- quently appointed Mr. Cushing in place of Major Cross who was absent. Subpaenas had previously been issued for the witness named by the complainant.

The Committee reported on the 27th of December recom- mending the reference to the next session of the Court of both petitions. It is only reasonable to presume that some way was provided to relieve the distress of the people at Nantucket.

During the year there had been little or no relaxation of the embargo placed by request of the Continental Congress on the exportation of foods and fuel from the various colonies to the necessities in other colonies, such as were represented by the people of Nantucket. As early as February 1, 1779, delegates from Rhode Island and Massachusetts presented resolutions recom-

*Mass's. Archives Vol 137, pp 272-292. The witnesses for whom the complaint asked that summonses be issued were John Waterman, Ben- jamin Folger, Walter Folger, Shubael Barnard, Peter Macy, Ebenezer Coffin, Dr. Samuel Gelston, Benjamin Hussey, Stephen Hussey, Seth Jenkins, Shubael Worth, Stephen Fish, Paul Pinkham, William Hammett, John Ramsole, George Hussey 2d, and Francis Chase, of Nantucket; Tim- othy Fitch, of Medford; Shubael Downs, of Walpole; and Marshall Jen- kins, of Martha's Vineyard.

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mending that New York and Connecticut repeal their state em- bargoes insofar as a reasonable and safe supply to the petitioning colonies was concerned. The resolutions and accompanying papers were referred to a Committee consisting of William Ellery, of Rhode Island, William Paca, of Maryland, Eliphalet Dyer, of Con- necticut, Henry Laurens, of South Carolina, and William Floyd, of New York .* The Committee on February 8, presented a resolve recommending the States of Maryland, Virginia and North Caro- lina, "to permit such vessels from the States of Massachusetts Bay and Rhode Island and Providence Plantations to load with bread vouchers from the executive bodies of said States that such vessels have been authorized to import such bread and flour for the Said States and have given bond and security for the execution of said trust."¡ It was also recommended that vessels belonging to the States of Maryland, Virginia and North Carolina be permitted to export bread and flour to the States of Massachusetts Bay and Rhode Island and Providence Plantations, under proper restric- tions. Those resolves were adopted. A letter from the President of the Council of Massachusetts was, however, referred to the Com- mittee and seems to have resulted in a separate report which was read and ordered recommitted. The Committee reported again February 26 .¿ The resolves reported were similar in character to those of February 8 and were adopted, all the delegates voting affirmatively excepting those from North Carolina who opposed the exportation from that State ..

On April 14, it being represented to the Congress that the General Court of Massachusetts had directed the Board of War of the State "to purchase flour and grain for the use of the inhabi- tants, who are greatly distressed by the want of bread," it was voted to recommend that Virginia, Maryland, Delaware, Pennsyl- vania, New Jersey and New York permit the export of such flour and grain as has been or may be purchased under authority of the Board of War .**

The general embargo, however, appears to have continued to be operative, despite efforts to have it removed. The embargo was really a matter of state jurisdiction and in its regulation the function of the general government seems to have been only ad- visory. There was apparently a surplus harvest in 1779, and one of the recommendations made to Congress was that for the com- mon convenience the several States remove the embargoes laid by them on or before October first.++

August 19, the subject of continuing the embargoes was re- ferred to a Committee consisting of John Matthews, James Forbes

*Journals of Continental Congress. Vol. XIII p. 130.

tId p. 151.

#Journals of Continental Congress Vol XIII 257.

** Ibid p. 449.

ttPage 953.

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and Jesse Root, with instructions to report the next day .* The report was made and ordered recommitted .; Later Governour Mor- ris of New York moved to further postpone consideration of the report, but the motion was lost- New York and Delaware voting in its favor .¿ It was then voted that it be earnestly recom- mended to the several states to remove every restriction on inland trade between the states.

It would seem as though Congress was apprehensive of traffic by sea because on August 30, on being informed by a letter from the President of the State of Delaware that the embargo act of that State expired September 1, Congress adopted a resolve that he be informed that it is the wish of Congress to continue the embargo until further notice .** On September 8 Congress voted to recommend to the several states to continue the embargo until January. A motion to substitute October for January was lost- Massachusetts, Rhode Island, Connecticut, New Jersey and South Carolina voting aye; New Hampshire, Pennsylvania, Delaware and Virginia voting nay; New York and Maryland being divided.tt On December 15, Congress passed a resolve recommending a further continuance to April 1, 1780.#*

Those were the embargo conditions that made the life of the people of Nantucket at that time a continual struggle against a threatened starvation.

Early in the spring of 1780, the charges of Thomas Jenkins against Dr. Benjamin Tupper, Timothy Folger, William Rotch, Samuel Starbuck and Keziah Coffin came again before the General Court for settlement. On March 22d the Council appointed Wil- liam Leonard and Daniel Davis Esq., a Committee to hear the parties concerned. To them the House added General Lovell, Col .. Freeman and Col. Prescott.

The Selectmen had sent the following statement, which ap- pears in evidence :-

These may Certifie all whom it May Concern That we Select- men of the Town of Sherborn Did Desire Will'm Roatch, Josiah Barker & Timothy Folger, Last April after we heard the Refugees were at falmouth and Coming hear that if they came as we Ex- pected, That they would wait on them and Treat with them and Try if they Could Stop them from Plundering the Town of any thing. when they Came they waited on them' and Tryed to their utmost to Stop them from Taking anything of the Place as they say and there hath not anything Appeared to us Since. But that they Did Try to their utmost to Stop any Depredations Being Com-

* Page 984.

1Page 994.

¿Page 1007.

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The history of Nantucket County, island, and town : including genealogies of first settlers, Part 29

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