USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 33
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BATCH'R HUSSEY BENJ'N FOLGER RICH'D MITCHELL JUNR. EDWARD CARY PELEG COFFIN PETER MACY .¡
*Mass. Archives Vol 204, p. 17. There seems to be among the peo- ple of Nantucket an innate tendency to rhyme which has repeatedly trifled amusingly with affairs of seeming "great pith and moment." The seizure of the Good Intent seemed to be one of those occasions. Ac- cording to an account in the Nantucket Inquirer of June 7, 1824, the sloop was locally known by the name of "Copper Bottom" and was said to have been owned by William Rotch and others, one of whom was said to be Hon John Hancock. The account in the Inquirer is not strictly accurate inasmuch as it says Plaisted's report was clum- sily written, but the following is the rhyming version of the affair.
"Gent. Your orders respecting the sloop' Good Intent I received last night, and straightway I went On board of said vessel, and in the State's name Made a seizure thereof; but soon after came Some riotous persons ,whose names I could mention, Lock'd the men I had placed as guards, in the round house, And Kept them confined, as snug as a dor- mouse. They instantly made what dispatch they were able, And soon stripped the vessel of sails, rigging and cable. She'd a cargo on board of cod-fish & inions, And a lot of sperm oil; (in good Whigs opinions) Was destined direct for the Isle of Jamaica, With two sets of papers, lest a cruiser should take her-In this state she remains, & I wait fur- ther orders-Which I beg you to hasten to stop new disorders,-I need add no more lest time should be wasted, But remain, with respect,
Yours Ichabod Plaisted."
t"Mass. Archives Vol 178, p. 317.
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On February 21st., the Council peremptorily ordered the petition dismissed, but five days later it was read again, the order of the 21st was reconsidered, and it was voted that "whereas the Naval Officer for the Port of Nantucket hath made seizure of the Sloop called the Good Intent lately arrived from England and before said seizure was freighted with a Cargo of dryed Codfish and Onions for the Havanna belonging to B. H., B. F., R. M., E. C., P. C., and P. Macy" the Officer was directed to surrender the cargo to the alleged owners "if it shall appear to him to be their Property."
The case against the Good Intent was quite long in reaching a solution. Capt. Folger, in a letter to the Council, had denied the charges brought against him under which the seizure had been made, which were to the effect that the sloop had just re- turned from England with a cargo of English goods, contrary to the laws of the State. As previously noted, four passengers came
with him. At the examination before the Council their testimony, which seemed to be quite as much surmise as alleged facts, was to the effect that they sailed from Portsmouth, England, in the sloop Good Intent, William Moore, master, Capt. Folger, owner. He was supposed to be owner because "he gave all the orders." The vessel was ballasted with coal, grindstones and chalk with packages of dry goods, which they (the passengers) understood were shipped on account of Capt. Folger and people on Nantucket. Capt. Folger seemed free to come and go as he pleased in England, and had a protection from Admiral Arbuthnot. The passengers had no goods on board. The oil which was exported from Nan- tucket (presumably the vessel's cargo to England) was owned in part at Nantucket and the rest was supposed to be the property of Champion & Dickinson. One passenger testified that the sloop was supposed to be bound to Georgia; another that she was cleared for Amsterdam; another that Capt. Folger told him he was not bound to Georgia; while the fourth testified that he supposed the vessel to be bound to Amsterdam. One witness testified that he understood that Capt Folger had a protection from Dr. Franklin. The sloop was captured between Calais and Dover by an English vessel and carried into Downs. James Jackson testified that in consequence "Capt. Folger was much disconcerted and confused." The undisputed facts seem to be that the Good Intent arrived in Nantucket, presumably from an English port, on the 21st of December, 1781, was ordered by the Council on December 25th, to be seized by the Naval Officer, was seized and taken possession of January 9, 1782, and had on board at that time an outward bound cargo of cod-fish and onions. It is a fair inference that the vessel carried a load of oil to England and returned with a cargo of some description. It does not seem to be proved that there were any dry goods.
Matters seemed to rest until the 24th of August, when the
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Attorney General addressed a letter to the Governor and Council* in which he states that the vessel is libelled in behalf of the Commonwealth. He adds-"four Persons pretend they made a prior Seizure & have libelled the Vessels as forfeited to them: this seizure, if good, defeats that made in behalf of the Commonwealth. but it is supposed to be collusive." This last fact he expects to prove by witnesses on Nantucket, and he asks that Nathaniel Freeman Esq be appointed to go to Nantucket, and obtain deposi- tions. The Council advised that this be done and evidently the appointment was made for later Mr. Freeman filed a bill amount- ing to £5, 2s, 3d for a ten days' trip to Nantucket with expenses. It does not appear that any further action was taken by the State. If Capt. Folger actually committed an offence against the peace and good order of the Commonwealth, contrary to the stat- ute in such cases made and provided, those in authority doubt- less realized that it was a life or death proposition the people were obliged to encounter.
In April 1782, (17th) at a meeting of the Councilt a de- position of one William Daggett of Martha's Vineyard, to the effect that Capt. John Bean of Nantucket, had been carrying on clandestine trade with the enemy at New York, having been read, it was directed that His Excellency, the Governor, be requested to transmit the evidence to the Attorney General "that he may take such Measures thereon as to Law and Justice appertaineth." On April 30, the Council directed that Capt. Bean be served with an attested copy of the order of the Council on the 17th regarding the depositions.
The deponents testified that said Bean cleared from Boston in a schooner for Nantucket. The schooner anchored off the Bar at Nantucket and while there the vessel was boarded by a boat's crew from a vessel from New York commanded by one Younghusband. One Hardon, who came on board in Boston harbor, Bean having gone ashore, informed Capt. Younghusband that the schooner and carge were designed for the English, and the English privateer accordingly took possession of the schooner and sent her to New York.
In his defence# Capt. Bean stated that Dagget was employed to pilot the vessel to Nantucket. There she was captured by the enemy. If any improper documents were used to save her they were forgeries. Capt. Bean asserted that since the capture of the vessel he has not seen captain, men or pilot, and does not know how they proceeded after leaving Boston. He desired to be allowed time to produce witnesses in his own behalf. As evidence that he had no design to engage in clandestine trade he cites the fact that after the capture his wife and Timothy Folger with a crew in a
* Archives vol 178, p. 493.
+Archives vol 178, p. 366.
¿Archives Vol 178 p 372
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whale-boat, at serious personal risk, put off to the privateer in an attempt to ransom the schooner, but were not allowed to come alongside the English vessel. It does not appear that any further action was taken. Capt. Bean's contention seems to have been corroborated by the statement in Mrs. Fanning's diary under date of April 5 .*
The pursuit of the whale-fishery under the permits granted by Admiral Digby developed its special hazards. The officers of the American armed vessels were aware of their existence and used every subterfuge to trap those who used them into displaying them. In two instances they were successful and immediately seized as prizes the vessels carrying them. To continue the business under such conditions was too hazardous. If the people were to obtain a livelihood through this pursuit, both the contending parties must grant permission.
The Town was accordingly convened in Town meeting Septem- ber 25th., 1782, to consider what course to pursue. It was voted to draw up a memorial and send it to the General Court, representing "the true State of Facts respecting the Town." William Rotch, Stephen Hussey, Christopher Starbuck, Timothy Folger and Josiah Barker were chosen to prepare the memorial and Stephen Hussey, Josiah Barker a committee to present it to the General Court and speak for the Town in its behalf. William Rotch and Timothy Folger were subsequently added to the committee. t The memorial was to be approved by the Selectmen and the committee was authorized to employ counsel if advisable.
As presented to the General Court, the memorial set forth:1 "That your Memorialists are again under the disagreeable necessity of craving your serious consideration of the real state of this Island, whereby you may more fully enter into the views of those who are frequently circulating unfavourable reports against us, which for want of due attention to the many peculiar inconveniences we labour under, prevents the proper allowances that our exposed situation demands, which in the end may not only be ruinous to us, but greatly detrimental to the Commonwealth at large .-
* This was not the first time that the attention of the Council had been called to the acts of Capt. Bean and it must be admitted that his conduct had not been entirely above suspicion. On March 14, 1781, JO- seph Lee at Cambridge and six others, a committee of the "West Church at New Boston" addressed a petition to the council setting forth that Bean had been granted a Cartel to proceed to Halifax and return to Boston and that permission had also been granted for him to bring for Mr. Lee a box and trunk of household linen etc and a "small Box Con- taining the Sacramental Plate &c belonging to the West Church in Bos- ton, for which Plate liberty was granted by the Government of Halifax." The complaint alleges that Bean deviated from his Voyage and landed the petitioners' effects in his own house at Nantucket, and refuses to surrender them" alledging that as he signed no Bill of Loading or Re- ceipt for the same, he is not Accountable to us." The petitioners pray that Bean be required to deliver the goods to William Rotch or other suitable person for them. On March 20 the Council issued an order com- manding Bean to deliver the articles mentioned to William Rotch, Mr. Rotch to forward them to Boston. It is somewhat singular that in neith- er case cited did the Council take further action and it would seem that Capt. Bean's acts were not so reprehensible as they appear from our later point of view.
Nathaniel Coffin 2d entered his dissent against Timothy Folger's serving.
İArchives Petitions Vol 186 -- 7
1
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Circumstanc'd as we are in the course of Providence, intirely out of the line of protection by either of the powers now at War, we apprehend justice & good policy will ever dictate, to nourish & cherish rather than suffer to be destroy'd a people (whose peculiar Local situation exposes them to many insults, which the peaceable principles of some, and sound policy of others, commands them to conceal, although their sensibility of injuries may be as keen as other men's,) who perhaps have been, & possibly may yet be as useful to the community at large, as any part of its body of equal magnitude .- Our Trials have been many and severe: fre- quently surrounded by hostile invasions, & threatened destruc- tion. Would it be strange if in the hour of distress, the powerful influence of the great law of self preservation should lead us into acts, which on the return of tranquility and cool reflection, we could not fully justify ?- Yet through the favour of superintending Providence, our greatest Enemies can hardly charge us with any material deviations in this respect .--
People secured by internal retreats, or surrounded by numer- ous Inhabitants, ready at the first alarm to lend protecting aid, may have but faint Ideas of the sufferings of those that are con- stantly exposed to every hostile Invader; and in the hour of distress are left under Providence to the execution only of their own skill and prudence to extricate themselves; and every step in these try- ing moments narrowly watch'd that if any slip should be made, or little foible committed, it may be magnified into the greatest crime. We therefore hope your collective Wisdom and justice will unite in an impartial review of the true situation & circum- stances of this Island, together with the general conduct of its Inhabitants; considering at the same time, the long and arduous task, we have had to pass through, & then we have no doubt it will meet the approbation, of the cool dispassionate and judicious, and lead the Court into the reasonable necessity as well as justice to relax in some measure the reins of Government respecting this place .-
We have long struggled without Expence to the publick, & we have no doubt with that incouragement which we have reason to expect we may still continue & have an existance, without any burthen to the Community.
We find there are some reports, circulated on the Continent, & in particular in the Town of Boston, charging the Inhabitants of this Town with carrying on a great trade to & from New York .* And least such reports should reach the Legislative body of this Commonwealth, & that we might thereby be injured, think it our duty to say: That notwithstanding we can as a Town disclaim every Idea of the Charge, as no Body, or Society of men can or ought
*A note accompanying the memorial says-"Perhaps some of those Reports may have originated from this-a Committee of our Island in the fore part of the year 1779, applied to some of the Members of the General Court and spread before them the peculiar circumstances where- in the Island was involved, one where of was that our Vessels whenever they passed in or out were perfectly under the control of the Britons and it was therefore necessary that permits should be obtained from them for our Vessels to proceed on the whale fishery-since which time some of them have been taken by the American Privateers for having such Permits-and we are thereby reduced to this difficulty that if we carry our Vessels over the bar without permits from the British Admiral they are made prize to the Britons-if they have such permits they are taken by our own Countrymen-and our harbour is therefore compleatly shut up-and all our prospects terminate in poverty and distress-what gives us great concern is that our people who understand the Whale fishery will be driven to foreign neutral Countries and many years must pass away before we shall again be enabled to pursue a branch of busi- ness which hath been in times past our support and hath yielded such large aids to the Commerce of this Country."
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to be accountable for the conduct of a few Individuals, especially where particular Laws are in force to prevent it, Nevertheless we wish not to avail ourselves even of that right in this particular instance: for although the charge of a great Trade even as to individuals is false: Yet we shall not presume to say that no Trade hath been carried on in that channel, but we can say we believe very little hath been done by the Inhabitants of this Island, & very few have been concerned therein: We have good reason to believe that the principal part of that Trade hath been carried on by persons belonging to the Continent, who have made this the pass way for their Goods, in which the Inhabitants have not been concern'd but are injured thereby, yet this quantity we apprehend is but a small portion that the reports of our Enemies have suggested. -We now beg leave to throw a few hints before you respecting the Whale Fishery, as a matter of great importance to this Common- wealth. This place before the War, was the First in that branch of business, & employed more than One Hundred Sail of good Ves- sels therein, which furnish'd a support not only for Five
Thousand Inhabitants here, but for Thousands elsewhere.
no place so well adapted for the good of the Community at large as Nantucket, it being destitute of every material necessary in the Business, and the Inhabitants might be called Factors for the Continent rather than Principals: as the war encreased the Fishery ceased, until necessity obliged us to make trial the last Year, with about seventeen sail of Vessels, Two of which were captured & carried to New York, & one was burnt, the others made saving voyages. The present Year we employed about Twenty Four sail in the same business, which have mostly compleated their Voyages, but with little success: & a great loss will ensue: this we apprehend is greatly owing to the circumscribed situation of the Fishery; we are now fully sensible that it can no longer be pursued by us, unless we have free liberty both from Great Britain & America to fish without interruption: As we now find One of our Vessels is captured & carried to New York, but without any Oil on board, and Two others have lately been taken & carried into Boston & Salem, under pretence of having double papers on board. (Nevertheless we presume the captors will not say that any of our Whale men have gone into New York during the season as such a charge would have no foundation in Truth) And if due attention is not paid to this valuable branch, which if it was viewed in all its parts, perhaps would appear the most advantageous, of any possess'd by this Government, it will be intirely lost, if the War continues: We view it with regret & mention it with concern, & from the gloomy prospect now before us, we apprehend many of the Inhabitants must quit the Island, not being able even to provide necessaries for the approaching Winter; some will retreat to the Continent and set down in the Western Governments; and the most active in the Fishery will most probably go to distant Countries, where they can have every encouragement, by Nations who are eagerly wishing to embrace so favourable an opportunity to accom- plish their desires; which will be a great loss to the Continent in general, but much more to this Government in particular. We beg leave to impress the consideration of this important subject, not as the judgment of an insignificant few, but of a Town which a few Years since stood the Third in Rank (if we mistake not) in bearing the Burthens of Government; It was then populous and abounded with plenty, it is yet populous but is covered with poverty.
Your Memorialists have made choice of Samuel Starbuck, Josiah Barker, William Rotch, Stephen Hussey, and Timothy Folger as their Committee who can speak more fully to the several matters
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contain'd in this Memorial, or any other thing that may concern this County, to whom we desire to refer you.
Signed in behalf of the Town by FREDERICK FOLGER, Town Clerk.
The memorial was referred to a committee consisting of George Cabot Esq. on the part of the Senate,* and Gen. Ward and Col. McCobb, on the part of the House. The importance of the subject matter evidently impressed itself on the committee, for, after a careful consideration, the members made the following report:
"The Committee of both Houses, appointed to consider the Memorial of the Inhabitants of the Island of Nantucket and report what may be proper to be done thereon, have attended that service and beg leave to report: That altho' the Facts set forth in said Memorial are true and the Memorialists deserve Relief in the Premises, yet as no adequate Relief can be given them but by the United States in Congress assembled, therefore it is the opinion of the Committee that the said Memorial be referr'd to the consideration of Congress, and the Delegates of this Commonwealth be required to use their Endeavours to impress Congress with just Ideas of the high worth & Importance of the Whale fishery to the United States in general & this State in particular. per Order
GEORGE CABOT."
This report was presented to the Senate, of which Samuel Adams was President, on October 29, was at once adopted, sent to the House, of which Nathaniel Gorham was Speaker, promptly con- curred in, and approved by Gov. John Hancock.
The people of Nantucket believed it would be well to have the Town represented when the subject came before a Congressional committee and a Town Meeting was held November 23d at which William Rotch, Stephen Hussey and Samuel Starbuck or any two of them were delegated to attend to that duty.
William Rotch and Samuel Starbuck were the ones who went and Mr. Rotch gives this account of their mission: "We set off in midwinter and arrived in Philadelphia where Congress was sit- ting. We opened our business first to General Lincoln, Samuel Osgood, Nathaniel Gorham; and Thomas Fitzsimmons .¿ The first was Minister of War, the others were Members of Congress; the last a great commercial man. To them we opened our whole busi- ness. We drew up a Memorial but did not present it until we had an opportunity of stating our case to the most influential members. Among them was President Madison, ** who, as well as others, treated us with great civility, and seemed to take an interest in our sufferings.
We went to one of the Massachusetts members, who resided in Boston.ti He was extremely prejudiced against us. I fell in with him alone, and conversed about two hours with him endeavor-
*Formerly called the Council.
"Mr. Gorham was elected to Congress by the General Court Oct. 24th for one year.
¿Fitzsimmons was a delegate, from Pennsylvania.
** Then delegate from Virginia.
++Samuel Osgood. The instructions of the General Court did not seem to have influenced him.
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ing to impress him with our situation, and the necessity of our having the aid of Congress, but apparently with little effect. At last I asked him these questions, which were-"Is the Whale Fishery worth preserving to this Country?" "Yes." "Can it be preserved in the present state of things by any place except Nan- tucket ?" "No." "Can we preserve it unless you and the British
will both give us Permits?"
"NO."
"Then pray where is the
difficulty ?" Thus we parted. We reported this conversation to our before mentioned friends. We had now drawn our Memorial,
and desired them to look it over They approved it, and advised us to get the same person to present it. Accordingly we repaired to his Apartments, requested him to examine it and give us his judg- ment whether our statement appeared correct. He approved it. We then requested him to present it to Congress if it was agreeable to him to do so. He accepted and presented it accordingly. It was deliberated upon in Congress, and a disposition appeared to give their aid in its accomplishment. They eventually granted us Permits for Thirty Five vessels for the Whale Fishery .* They were delivered to us, and the next day a vessel arrived from Europe, bringing a rumor of a Provisional Treaty of Peace having been signed by our ministers and the British government, to take place when the Peace between England and France should be con- cluded, and it was not long before an official account of it reached Philadelphia."
The following names of Nantucket men, credited with service to the State during the Revolutionary War, are taken from the volumes published by the Commonwealth giving the names of those who served on land or water and were credited to Massachusetts. For full details as to their service the reader is referred to the volumes published by the Commonwealth on "Massachusetts Sol- * diers and Sailors in the Revolutionary War."
Bagnet, Daniel
Barnabas, Isaac
Bayley, Isaac Bateman, Charles
*The Journal of the Continental Congress gives the following re- port: The memorial was read March 11, 1783, signed by William Rotch and Samuel Starbuck representing the inhabitants of the Island of Nantucket and was referred to Nathaniel Gorham of Massachusetts, John Collins of Rhode Island, and Thomas Fitz Simmons of Pennsylva- nia. The Committee reported the following resolve which is in the hand- writing of Mr. Gorham: "Resolved. That the inhabitants of the Island of Nantucket, in the Commonwealth of Massachusetts, in consideration of the great distresses into which they are involved in consequence of loss of the whale fishery be permitted to receive protections from the Com- manding Officer of his Britannick Majesty's ships in North America for their vessels in the prosecution of said fishery and such protections shall not operate to the condemnation of said vessels in any of the Courts of Admiralty within the United States aforesaid; provided that every vessel furnished with said protection be provided with a Certifi- cate from the Selectmen of said Island that she is bona fide the proper- ty of the inhabitants of said Island; and provided further that nothing be found on board her but the necessary whaling utensils, provisions for this voyage and the products of the fish taken therein, anything in the ordinance of-against double papers to the contrary notwithstand- ing." This had its second reading the following day and its third read- ing and passage the day following (March 22). An order was passed on the 22d granting 35 whaling licenses to the people of Nantucket "to secure the whaling vessels against the penalty from double papers. This order was in consequence of a deputation to Cong's representing the ex- posed situation of that island the importance of the Whale fishery to the U. S. the danger of its being usurped by other nations & the con- currence of the Enemy in neutralizing such a number of Vessels as w'd carry on the fisheries in an extent necessary for the support of the inhabitants." (1783 p.938)
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