USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 30
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mitted hear upon any persons. if they Did otherwise it hath not Com to our Knowledg.
Nantucket ye 1 ye 12 mo. 1779.
SILV'S STARBUCK PETER FOLGER
PAUL GARDNER
WM. STARBUCK BENJ'N HUSSEY
Selectmen
of the Town of Sherborn.
The testimony of the witnesses was far from being corroboratory of Jenkins' charges. Benjamin Folger testified that early in 1779, Timothy Folger delivered him a paper, directed to the Selectmen, requesting a meeting of the Town to consider the matter of taxes, and the advisability of petitioning the British commanders at New York to consider the people of Nantucket as neutral, and to ac- quaint the General Court with their proceedings. Walter Folger remembered sending the paper to the Selectmen, but as it was over a year ago he could not recall the particulars and the paper had been destroyed. He recalled the fact that when the Refugees were at the Bar William Rotch and the others went off to them, but he did not know by what authority as he was not then one of the Selectmen.
George Hussey was sick and sent a deposition to the effect that he had carefully examined the complaint and did not know that either of the persons named was guilty of the crimes charged and could not give any evidence in support of the complaint. He was one of the Selectmen at the time and to the best of his recol- lection the paper referred to contained a request to have the Selectmen convene the inhabitants of the Town to see if they would petition the British commanders at New York as well as the State of Massachusetts Bay for permission to remain neutral. There was something said about taxes which he did not remember. His deposition was signed George Hussey 2d.
Benjamin Hussey testified that Rotch, Folger and Barker were appointed by the Selectmen to go aboard the Renegade fleet and that Folger and Rotch did dissuade the people from endeavor- ing to retake the Brig. John Ramsdell sent a deposition asserting entire lack of knowledge regarding the allegations. Ramsdell at- tended the Court but was excused on filing his deposition. Shubael Barnard was lame and did not attend, sending instead his deposi- tion alleging ignorance of any evidence to sustain the charges. John Waterman was sick and did not testify, Dr. Gelston was not present and Paul Pinkham was out of the State.
In his Memoranda, William Rotch referring to this affair, says - -
"I now come to the most trying scene in my experience during the war, which was being, with four others, impeached for High Treason by , where there was no step between being clear and death.
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"The laws of this State at that time, made it High Treason for any person to go to a British Port without the consent of the Court. We were well assured that if we applied we should be refused, and if we did not apply to the British we should, from every appearance, be destroyed by them. Under serious considera- tion, I was willing to be joined to the two others before mentioned, * and proceed as with our lives in our hands. This was made one of the great Charges in the Impeachment, a Copy of which will be annexed.
"We were examined before a Committee of the Court on the Impeachment, but knowing we were to appear again, when the witnesses should attend, we made no defence, which we afterwards found was an error in judgment.
"By this means the Court thought us guilty, and were about making out an Order to the Grand Jury to find a Bill against us and commit us to Prison, which if it had taken place would have been in the severe winter of 1780. But happily my much valued friend Walter Spooner Esq., a member of the Court, just then arrived, perceived the business before the Court, t and came to us for information. We told him that we had reserved our Defense for the second examination. He considered us in an error and said we must send for who resided at Lynn, and have another examination, and he would get the Court to stay their proceedings until this should be done.
"We accordingly all met before the Committee, Gen. Ward, a worthy character, in the chair. It was put to me first to answer to the high charges, (when I rose he politely told me I need not rise. I thanked him, but my heart was so full that my tongue seemed incapable of utterance while sitting). I answered to the Charges in such a manner as fully to convince the Com- mittee of our innocence. When it was finished the Chairman, I have no doubt from a desire to put our minds at ease, asked
me when we expected to return home? My answer was that he could better judge on that than I could, (being now in custody).
"He then asked me if I could take the Subpenas for the Witnesses at Nantucket, and deliver them to the Sheriff. This was to console our minds. I answered in the affirmative if he thought proper to entrust me with them. I accordingly took and delivered them.
"In the Spring following we appeared again with twelve out of twenty witnesses, who were all I could get to attend, and then had another full examination. Before we entered upon it, I desired liberty to ask a question, which was granted. Some of his friends had propagated a report that I had offered him money if he would withdraw his Complaint. I then put the question to him whether I had ever made him any offer of the kind, but it irritated him. I therefore went no further in a question to him, but desired liberty to make my declaration, before we entered upon the Charges in the Complaint, which was readily granted. I then said, 'I now declare in the most solemn manner, that I never have directly or indirectly, by myself, or by any person for me proposed or offered one farthing to -t to with- draw or in any way mitigate the Charges in his Complaint now exhibited.
"I looked over the Charges, and made my defence, article by article, and when I had gone through the whole, I observed
*Dr. Benjamin Tupper and Samuel Starbuck. ¡ Mr. Spooner was a Councillor.
¡In no part of Mr. Rotch's story does he give the name of the com- plainant. This was in conformity to his principles as a friend.
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HISTORY OF NANTUCKET
to the Committee, that if I had not answered clearly to their satisfaction, if they would put any question that they thought would throw any more light on the subject, I would answer it without equivocation or mental reservation. The Chairman, Gen. Ward, made me a low bow, and asked no question, by which they appeared satisfied. Then they took the complaint and examined the witnesses, one by one, upon each charge. "What do you know
of this Mr. Such a one?" (reading the charge). "Nothing," and so to the next, and throughout the whole Charges, and the whole witnesses, when "nothing" was the universal answer except : from Mr He began to tell what the Refugees told him
at the Vineyard, when they returned from Nantucket. The Chair- man stopped him and said, 'Were you at Nantucket?' His answer was 'No.' 'Then you can give no evidence.' One charge against me was corresponding with the Enemy. The correspondence was a letter given to Ebenezar C- addressed to Gen. Prescott, requesting the release of his son, and assuring him that he had not been in an armed vessel. This same Ebenezar acquainted his brother Alexander that I had furnished him with this letter, who used his utmost against me. The Committee were composed of the two Branches the House and the Senate, who reported to their several departments. The House then took the vote, and cleared us fully except one single vote, but the Senate in their vote held us. The House then desired the Senate to appoint a Committee of Conference, and they would do the same. They met and re- ported, each Branch adhering to their former vote. Thus we were discharged by the House and held by the Senate, (but not de- tained) and so it remained until we were set at liberty by the Peace."
Referring to the charge of preventing the retaking of the brig, Mr. Rotch says- "I suppose that was the case by reasoning with the owners of the vessel then present. The seven armed vessels were now gone over the Bar, and anchored, waiting for the flowing of the tide to take the Brig out. It was then sug- gested by some hot-headed men that they could retake her. I admitted it, but asked the owners if it would be an even stake, observing -'They have now got what they will take at this time, and if this vessel is stopped it will bring the whole seven armed vessels into the harbor again, and no doubt the destruction of the Town will be the consequence.' For there was no effective force to prevent it. 'If you (the Owners) will let her go I am willing to contribute to the loss of the vessel and goods on board, in the same proportion that I should pay in a tax of equal amount.' A great number of people were present, who generally united in the proposal. The Owners let the vessel go, and I contributed $720. toward the loss of the property, which was more than double my proportion of a like Tax. When this circumstance was known while we were in Boston, it raised great indignation against , that such a charge should be in the Complaint, when I had made double compensation to what I ought."
It was evident as the examination progressed that Jenkins found that he had promised more than he could carry out, for he addressed the following letter to the Committee:
"In the Case of Complaint of Thos. Jenkins against Dr. Benj'n Tupper, Timothy Folger Esq.'r, William Rotch, Samuel Starbuck & Keziah Coffin, now lying before the Committee of both Houses, · of the Gen'l Court:
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HISTORY OF NANTUCKET
"The) Complainant moves-That as the nature of the Com- plaint was construed to extend beyond his Intention, and a prose- cution was likely to go further than he wish'd to Carry it, and finding some satisfaction in Conversing with some of the persons complained of, by their own Construction of their Words & Con- duct, which the Complainant had been under a necessity by his Absence from. Nantucket to Depend upon other Information & Representation for and that therefore he desired to withdraw his Complaint. But the former Committee Thought it proper to Con- tinue it to give an Opportunity to procure the Evidence to support the Charges and they being Summoned, and having an opportunity to converse with those present and hearing from thosel absent Find that the Charges cannot be so fully Supported as was Expected and Considering the Ill Consequences that may attend the In- habitants of Nantucket & under the peculiar circumstances and being convinced no advantage can arise to the State Moves & Desires the Committee to make such Report at the House as their wisdom nay Dictate to Influence the Court to Dismiss the Complaint.
THOMAS JENKINS.
On March 31, 1780, the Committee made the following report:
The Committee of both houses, appointed to take into consideration the Complaint exhibited by Thomas Jenkins, against Timothy Folger Esq'r. & other inhabitants of the Island of Nantucket, with the papers accompanying, have attended that service & having fully examined such witnesses as had been summoned to attend & were present, ask leave to report that upon the strictest Examina- tion, it does not appear to your Com.'ee that the charges alleged by the said Jenkins against Folger and others were supported.
That the complainant Thomas Jenkins was personally present before your Com. on the Examination & informed com. that from the representations made to him at that time, he apprehended the facts set forth in his said Complaint might be made fully to appear by the persons he therein named, but having since had an opport :- nity of conversing with some of the Inhabitants of Nantucket he was convinced he had been misinformed with respect to some of the matter contained in his Complaint and was therefore desirous that he might have leave to withdraw it. Your Com. are therefore of opinion that the said Thomas Jenkins, agreeable to his request, have leave to withdraw the complaint.
which is submitted
W. SEVER, per order.
The Council evidently did not agree with its committee and took action as follows:
In Council March 31, 1780.
Read and not accepted, and ordered that the complaint ex- hibited by Thomas Jenkins against Timothy Folger & others he referred to the Hon'ble Robert Treat Paine Esq'r Atty. Gen. of this state who is hereby directed to take cognizance of said matter & proceed therein as to Law and Justice shall appertain.
Sent down by concurrence. JOHN AVERY, D. Secy.
02.9
HISTORY OF NANTUCKET
In the House of Representatives March 31st 1780.
Read and unanimously non-concurred and the House accept the Report of the Committee.
Sent up for Concurrence JOHN HANCOCK, Spk'r .*
In Council March 31st 1780.
Read and non-concurred and the Board adhere to their own vote. (Sent down for concurrence).
JOHN AVERY, Secy.
So ended that episode which involved the Town as well as those immediately accused.
Under date of September 13, 1779, John Adams, writing from Braintree, addressed a letter to the General Court in which he said "While I resided at Paris. I had an opportunity of procuring from London, exact Information concerning the British Whale Fishery on the Coast of Brazil, which I beg Leave to communicate to your Honours, that if any advantage can be made of it, the opportunity may not be lost.
"The English, the last year and the year before, carried on this Fishery to very great advantage, off the River Plate, in South America in the Latitude Thirty five South and from thence to Forty, just on the Edge of soundings, off and on, about the Longi- tude sixty five from London. They had seventeen vessels in this Fishery, which all sailed from London, in the Months of September and October. All the Officers and Men are Americans.
"The Names of the Captains are Aaron Sheffield, of Newport, Goldsmith and Richard Holmes from Long Island, John Chadwick, Francis May (Macy?), Reuben May (Macy?), John Meader, Jonathan Meader, Elisha Clark, Benjamin Clark, William Ray, Paul Pease, Bunker Fitch, Reuben Fitch, Zebbedee Coffin, and another Coffin Delano, Andrew Swain, William Ray, all of Nantucket, John Lock, Cape Cod.
four or five of these Vessels went to Greenland. The Fleet sails to Greenland, yearly, the last of February, or the Beginning of March. There was published, the year before last, in the English Newspapers, and the same Im- posture was repeated last year, and no doubt will be renewed this, a Letter from the Lords of the Admiralty to Mr. Dennis De Berdt, in Colman Street, informing him that a Convoy should be appointed to the Brazil Fleet. But this, I had certain Information, was a Forgery calculated mainly to deceive American Privateers, and that no Convoy was appointed, or did go with that Fleet, either last year or the year before.
"For the Destruction or Captivity of a Fishery so entirely defenceless for not one of the Vessels has any arms, a single Frigate or Privateer of Twenty four, or even of Twenty guns, would be sufficient. The Beginning of December, would be the best Time to proceed from hence, because the Frigate would then find the Whaling Vessels nearly loaded. The Cargoes of these Vessels, consisting of Bone and Oyl, will be very valuable, and at least four hundred and fifty of the best kind of seamen would be taken out of the Hands of the English, and might be gained into
*It is possible that Speaker Hancock exerted some personal influ- ence in the matter. He had had business relations with Mr. Rotch and was doubtless very well informed as to Nantucket and its affairs.
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HISTORY OF NANTUCKET
the American service to act against the Enemy. Most of the officers and Men wish well to this Country, and would gladly be in its service, if they could be delivered from that they are engaged in. Whenever an English Man of War, or Privateer, has taken an American Vessel, they have given to the Whalemen among the Crew, by order of Government, their Choice, either to go on Board a Man of War, and fight against their Country or go into the Whale Fishery; Such Numbers have chosen the latter as have made up the Crews of these seventeen Vessels .*
"I thought it my duty to communicate this Intelligencei to your Honors, that if so profitable a Branch of Commerce, and so valuable a Nursery of Seamen, can be taken from the English, it may be done. This State has a peculiar Right and Interest to undertake the Enterprise; as almost the whole Fleet belongs to it. "I have the Honour to be, with the highest Consideration, Your Honours most obedient & most humble servant,
JOHN ADAMS.
Mr. Adams' letter was referred to a committee who reported a recommendation that it be sent to the President of the Con- tinental Congress. This was done and the letter was read but there is no indication that anything ever was done about it, not even so much as referring it to any committee or department.t
There seemed to be an entire harmony of opinion among the predatory chiefs, whether it was Leonard of the Refugees or Dim- mick of the Continentals, and the point on which they agreed was that Nantucket was a fine field in which to work. In May, 1779, Major Dimmick made a return of sundry goods "taken by Men In Arms * From the Island of Nantucket," the operation being performed under his personal direction. The list included chairs, tables, hand-irons, large lever, trunks, book case, low chest of drawers, small box, bedsteads, old rug, high chest of drawers, several casks of oil etc., etc. Christopher Hussey Jr., and Daniel Starbuck, in whose custody the articles were, made affidavits as to the ownership of the goods .¿ It is difficult from any present view point to see of what use the majority of the articles taken could be to the captors.
*Mr. Adams gives the names of 20 Captains, 16 of whom were from Nantucket. One Nantucket man captured was Captain Nathan Coffin. He was urged to enter the British Service. His reply was, "Hang me if you will to the yard arm of your ship, but do not ask me to be a traitor to my country." "Every effort," says Bancroft, (History United States Vol IX p. 313) was made to gain recruits for the (English) Army and Navy. Threats and promises were used to induce captive American sailors to enlist in the British service. This "(the reply of Capt. Coffin)" expressed the spirit of them all."
¡Mass. Archives, Vol. 210, p. 16. The Massachusetts Committee con- sisted of General Warren and Mr. Davis on the part of the Council and Moses Gill on the part of the House, and was especially enjoined to se- crecy.
A somewhat abbreviated copy of the letters appears in Wharton's Diplomatic Correspondence of the Revolution. Vol III p. 385. It would ap- pear that nearly 400 Nantucket whalemen were attached to that fleet. įMass. Archives Vol 169, p. 160 (1877 Jan 13) May 13, 1779 council in response to a petition from Joseph Dimmick Commissed Silas Hatch Jr. commander of the boat Defence, 8 tons burthen, mounting six swivels manned by 15 men, and Ebenezer Nye, commander of the Shaving Mill, 2 tons burthen. One swivel and eight men, to cruise in Vineyard Sound. (Mass. Archives Vol 170, p. 95).
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HISTORY OF NANTUCKET
The year 1780 opened even more depressing than 1779. Macy says- "Greater suffering was experienced by the inhabitants of Nantucket, in the year 1780, than at any other period during the Revolutionary War. During the winter of that year, denominated the hard winter, the distress of the people was, on many accounts, very great. The greater part of the people had previously been reduced to a state of penury. The cold weather set in early, and prevented the little supply of wood and provisions which was expected. The autumn had been so uncommonly wet, that but a small quantity of peat could be procured. These circumstances, added to the common calamity of war, produced a state of the most fearful anxiety."
The harbor was frozen over the latter part of December 1779, and by the 15th of January, 1780, people travelled over the ice to Quaise. f No water was in sight from any part of the Island. Fuel was not obtainable in the swamps or from the ground be- cause of the ice and snow. The poor were enabled, because of the ice, to get supplies of fuel by transporting the scrub oaks and junipers from Coskata, a laborious and at times dangerous task .*. There were many of the widowed and the fatherless, whose natural protectors had fallen victims to the war as well as those whose husbands and fathers were undergoing the rigors of English prison ships.
The fall of 1779 had been a propitious one for the farmers and they had, generally, a surplus of vegetables and grain. The more wealthy of the citizens provided themselves with considerable quantities of food stuffs, before the ice put an embargo on im- ports that was more effectual than British privateers, and these extra supplies were disposed of in small quantities to the less fortunate, at a reasonable price to those who were able to pay, but gratuitously to those whom the pinch of poverty had deprived of means to buy. The skill of the women in carding and spinning wool and weaving it into cloth stood them in good stead, and the Islanders were, at least, warmly clad. Considerable flax also was raised and its product added to the amount and variety of woven fabrics.
The people of Nantucket had reason to believe that permits could be obtained from the English commanders to carry on whal- ing, if proper application was made. Under the Resolve of the General Court, passed June 23, 1779, however, the people were debarred having any communication with the enemy. The situation was so serious, nevertheless, that something must be attempted to relieve their distress. A Town meeting was, therefore convened
* Page 107. ¡Kezia Fanning diary.
* Macy p 108. Mr. Macy says that during the Revolution the proprie- tors of the Island "Caused to be laid out and assigned to each owner, a number of large tracts of land of various descriptions, for themselves and their families to improve .. " In 1775 a tract of 2456 acres was laid out: at the South East part of the Island; in 1778 Croskata was laid out with 349 acres; and in 1778 Squam and Pocomo, containing 2109 acres. The swamps at the westward were laid out for digging peat and the people were allowed to procure that fuel without charge.
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HISTORY OF NANTUCKET
on the 22d of May, at which it was voted "that the Town Clerk will take some measure to get Repealed a Resolve of the General Court that passed the 23d of June last, respecting the Town & the Inhabitants thereof,"* and "that Tim'y Folger be the man to proceed to the General Court in order to Endeavor to obtain a repeal of the said Resolve."
It was confidently believed, too, that remuneration could be obtained for the property taken by the Refugees in their raid in the Spring and Fall of 1779. Accordingly the following petition was drawn up:i
To the Council and House of Representatives of the State of Massachusetts Bay -----
The Petition of the subscribers, Inhabitants of the Town of Sherburn Humbly shows :-
That your petitioners suffer'd very Heavy Losses in the months of April and October 1779, by having their property taken from them by the Refugees that Visited the Island of Nantucket at that time-Your petitioners beg leave to mention to the General Court, that at the Commencement of the present war almost the whole (of) their property lay in Shipping for the carrying on the Whale Fishery .. Since which they have Employed them in the West India and other trade till they have almost lost the whole; without the power or Ability to replace them, which has thrown your petitioners into a situation truly distressing-The property taken from your Petitioners by the Refugees consisting mostly in the article of oyl which was taken before the war, and was almost their whole dependence, for a subsistance: is by that means cut off and they rendered helpless without the Aid of the Court: Your petitioners have reason to believe that upon Application being made to the Commanders in Chief at New York Reparation will be made to them
- Your Petitioners therefore pray the General Court to Authorize & Empower Timothy Folger to proceed to New York as soon as may be to get Compensation for the property taken from them. Your petitioners further desire leave to suggest to the General Court that it is probable the same may be Obtained with more certainty in some kind of Goods rather than in Specie, if that should be the Case we hope and trust the Court will so far Indulge us as to Receive and bring from' thence such goods as they may be induced to Offer in payment for the property taken from your Petitioners.
We are your Friends
JONATHAN BURNELL BATCH'R HUSSEY WM. FOLGER GEORGE FOLGER EDWARD CAREY WM. HUSSEY
ABNER BRIGGS HUGH MACKAY GRENOLID SMITH
PAUL GARDNER
GEORGE FREEBORN JOHN WATERMAN
*Page 111. Under date of Friday May 19, 1780. Mrs. Fanning records the following in her diary :- "rainy after the morn * * * no rain after- noon, very uncommon weather, clouds very yellow, exceeding dark in the house so that many people were obliged to light candles. it was so for 3 hours from 2 to 5-but little wind S. W."
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