The history of Nantucket County, island, and town : including genealogies of first settlers, Part 8

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 8

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Yo'r humble Petitioner, and unworthy Servant, who always account it his Duty to pray for your Honours Welfare here, and eternal Happiness hereafter.

Dated March 27th, 1676-7.

Woher youlger

Folger's peition bore an endorsement from Richard Gardner, Edward Starbuck and Thomas Coleman to the effect that in their judgments the petitioner's case, if examined by the Governor, or

see where the whites were unjust to them. Mr. Worth's opinion seems to be that the Indians were unable to see why selling their lands de- barred them from using them. Doubtless Mr. Folger could quiet them in such matters. One of their besetting sins was the use of liquor. Mr. Gardner at least was not scrupulous in restraining them in that direction at this time, but possibly Mr. Folger was.

HISTORY OF NANTUCKET

anyone whom he might appoint "except at the Vineyard," would "be found nought but standing for his Royal Highnes Interest and Government."

Taking the petition of Mr. Folger as a full presentation of the case of the Insurrectionists in the controversy then disturbing the peace and quietness of the people of Nantucket, there are certain facts that stand prominently out. As already stated, the original ground on which the Insurrection was based, that is the the alleged rights of the "Half-Shares" men to an equality in all things with the First Purchasers, has apparently been abandoned as untenable, in view of the attitude, whether active or passive, of the authorities at New York .* In the petition the contention has shifted to the right of a Chief Magistrate to continue in au- thority after his commission had expired if his successor had not been appointed and qualified, and the power of the majority to select such Assistants as it chose.

The Insurrectionists had seized upon a time when they found themselves in a majority to throw off the allegiance they owed, for without making any such insincere pleas as "freedom of con- science," or "the people against the aristocracy," they fretted over the fact that their rights were not and were not intended to be equal to those of the First Purchasers, and they determined to secure by force of numbers a position not theirs by right or by law.

The opportunity came when the government to which the Islanders owed allegiance was temporarily under control of the Dutcht and they suddenly found themselves in a majority. When the English government was restored and they were shorn of their little brief authority the bitterness of feeling between the usurped and the usurpers, engendered by the uprising, still re- mained, and it was perhaps no more than natural that the First Purchasers should feel inclined to punish more strenuously the unfriendly acts of the Insurrectionists than they would those of a similar nature and degree committed by strangers. On the other hand the insurgents were still inclined to harrass and rebel against the lawful authority.

Taking now Mr. Folger's petition as a basis on which to found an opinion it is clear that he and others, notably the so-called Gardner faction, were opposed to Mr. Macy's continuing in office beyond the time prescribed by his commission, which expired October 1, 1676, notwithstanding the definite instructions of Gov- ernor Lovelace, under date of April 18, 1673.

Stephen Hussey, who was of a somewhat litigious temperament,

* As appears by the decision of Governor Andros previously quoted. +Mr. Hough says (Introduction p xv) "Upon the Establishment of the English in the Government of New York, Governor Lovelace sent an Order to those holding under the Stirling Title to produce their Pa- pers, and take out new ones under the Duke of York. Mr. Mayhew ac- cordingly attended, was kindly received, appointed Governor of Mar- tha's Vineyard for Life, and the People of both Islands were confirmed in that Form of Government which they solicited."

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HISTORY OF NANTUCKET

anyone whom he might appoint "except at the Vineyard," would "be found nought but standing for his Royal Highnes Interest and Government."

The opportunity came when the government to which the Islanders owed allegiance was temporarily under control of the

Dutch; and they suddenly found themselves in a majority. When the English government was restored and they were shorn of their little brief authority the bitterness of feeling between the usurped and the usurpers, engendered by the uprising, still re- mained, and it was perhaps no more than natural that the First Purchasers should feel inclined to punish more strenuously the unfriendly acts of the Insurrectionists than they would those of a similar nature and degree committed by strangers. On the other hand the insurgents were still inclined to harrass and rebel against the lawful authority.

Stephen Hussey, who was of a somewhat litigious temperament,

* As appears by the decision of Governor Andros previously quoted. 7Mr. Hough says (Introduction p xv) "Upon the Establishment of the English in the Government of New York, Governor Lovelace sent an Order to those holding under the Stirling Title to produce their Pa- pers, and take out new ones under the Duke of York. Mr. Mayhew ac- cordingly attended, was kindly received, appointed Governor of Mar- tha's Vineyard for Life, and the People of both Islands were confirmed in that Form of Government which they solicited."

Sea

JOHN ROLFE

THOMAS MACY

REED POND

JOHN BISHOR

CAPAUM HARBOR

PETER COFFIN

WASHING POND

WEST CHESTER ST.

N. WYEA

WYER'S POND

WILLIAM WORTH

WILLIAM BUNKER

JAMES COFFIN

PETER FOLGE

NATHANIEL STARBUCK

EDWARD

JOHN COLEMAN

MAIN STREET

STEPHEN GREANLAAF

STARBUCK

CHRIS HUSSEY

HUMMOCK POND

PARLIAMENT HOUSE

SWAMP

ENGLISH

THOMAS COLEMAN

INDIAN

BOUNDARY LINE

ROBERT PIKE

+ROAD

N. WYER

JOHN SWAIN

HOUSE-LOT SECTION 1665-1680

LOCATION APPROXIMATE - ONLY -

BROOK

SWAIM

RICHARD

LONG WOODS

COVE

HUMMOCK POND.

CRANBERRY MEADOW

WILLIAM PILE

TRISTAM COFFIN JR.

TRISTRAM COFFIN

PETER COFFIN

CROOKED LANE

NO BOTTOM CO POND GROVE LANE

E.COLEMAN HOUSE

SAULS PONDS

THOMAS MAYHEW

THOMAS BARNARD

ROBERT BARNARD

DUKE

STREET

TROT'S SWAMP

WODAEM

TH 190

HISTORY OF NANTUCKET

and evidently a politician of a very active type, did not seem to be overwhelmed with modesty in urging the candidacy of his friends,* but there is nothing to show that Peter Coffin and his associates were not properly qualified and duly and legally elected. Mr. Folger does not contend that they were not. One of the principal charges that he makes concerns the pernicious political activity of Mr. Hussey and another relates to the callow youth of the electees. Therefore by his own statement it may fairly be claimed that they were properly in authority and entitled to the respect and obedience of the people.

Mr. Folger attributes the change in magistrates to the "facing about" of Mi. Macy and "his Family," meaning presumably his son-in-law William Worth, but Mr. Folger had no fault to find with Mr. Macy and his family so long as they were opposed to Mr. Coffin and Mr. Mayhew.

The next act of Mr. Folger's relates to his attendance at the Court, which, as Clerk, was his duty, and his admitted hesitancy about keeping the records, and which was followed, very naturally, by a demand from the Chief Magistrate for the Court Book and Records, which Mr. Folger refused to honor. He offered to make such copies as might be desired, but refused to yield the books on the ground that he had received them from the General Courti and would surrender them to no lesser authority. Served with a peremptory summons, he naturally betook himself to the house of John Gardner, whence he was forcibly removed. Summonsed before the Court on an indictment charging him with contempt in refusing to appear according to a summons previously served, he refused to give any reason for his act "though the Court waited on him a while and urged him to speak." There would seem to have been no choice left to a Court which had any regard for its own dignity than to punish such an act, and the Court took that view of his contumacy and held him for trial at the Court of Assize at New York. The bond under which he was held was doubtless needlessly high, but there is no evidence of any attempt by Mr. Folger to cover it, and there seemed to be no recourse but to confine him in jail.#

It was not long before John Gardner became involved in trouble. His aggressive disposition and his undisguised friendship for and sympathy with Peter Folger were quite sure to bring him into conflict with the men in authority. Added to that was

* Mr. Hussey died in 1718. His will, which was offered for probate May 13, 1718, says that he had made many wills previously but had de-' stroyed them. His "law books" he left to his son Bachellor.

"That is the assembled Court of both Islands. The book never was recovered and its whereabouts never have been made known.

ĮIt is quite certain that Mr. Folger could have secured ample bail had he chosen to do so for his family and friends could have given all the needed assistance. It is quite worthy of note that no man could be confined in jail for debt in those days unless it was clear that he had property which he could use but would not. (See General Laws June 18, 1672 Deeds i, 78, Secretary's Office, New York).

HISTORY OF NANTUCKET

an evident disregard for a law that, some years before, had been deemed essential to the public good.

The General Court for the two Islands, at its first session at Edgarton, June 18, 1672, passed, among its general laws, one providing "if any Person shall bee accused by any, either Indian or any other Person whatsoever, to have sold or furnished any Indyan or Indyans with Wine, Liquor, or any Strong Drink, Beer only excepted, hee shall either purge himself by Oath, That hee hath neither sold, given, lent, nor anywayes directly or indirectly furnished any Indian or Indyans with any Quantity or Quantityes as he is Accused for: Or if hee shall not soe purge himselfe hee shall pay for such Offence after the Rate of five Shillings per Pinte, for every Quantity soe sold or disposed of .* It was further provided that no person should sell strong drink at retail without a license from the Quarter Court under penalty of £5 for such offense.

The disturbed conditions among the inhabitants of Nantucket and their effect upon the Indians, as narrated by Peter Folger, made it particularly dangerous to permit them the use of liquor, even if the laws had not forbidden it. It is quite clear that Captain Gardner paid little attention to this law, and there is no direct evidence that either he or Mr. Folger was particularly active in quicting the resentment they allege was shown by the Indians.

In a letter to Governor Andros, under date of May 9, 1676. Thomas Macy says: t May it please yo'r Hon'r, where yo'r Good. nesse have bin such as to send so after us to know how tis with us in these troublesome and dangerous Times, wherein o'r Neigh- bours have so greatly suffered and we as yet through the Good- nesse of God are free, these are to returne Thanks the same of yo'r Vigilancy we doubt not, hath conduced to o'r Peace these rude Lines are to give yo'r Hon'r an Accompt how Things are and haue bin with us; a considerable Company of Indians haue formerly owned themselves Philips Men, but since the Wars began they have seemingly we hope declared themselves against him. We haue carried o'rselues towards them manifesting no Distrust and Things haue bin orderly carried among them: onely we have heard now and then a Word from which we haue not liked but haue overlooked the same. And I doubt not but we may enjoy Peace (if o'r Sins hinder not) so long as we can keep strong Liquor from them. Yo'r Hon'r may understand that some that dwell elsewehre haue some Yeares past sent Goods to trade with the Indians vpon the accompt of Fishing and otherwise and great quantities of strong Liquor haue bin sent and notwith- standing all orders and care about it to p'hibit it hath bin one way or other disposed to the Indians which hath occasioned great Abuse and Disorder but since the Warrs began they haue not had much: the last Fall the Court tooke into their Possession all on the Island and disposed of it by small quantities as the Owners and the English Neighbours had need, and because of the late Scarcity little hath lately come:

* Hough pp. 46-47. These were the days of the Indian uprising known as King Philip's War, and it was not entirely certain how far his influence extended.

+Hough p. 9.9.

HISTORY OF NANTUCKET

The agent here that carried on the Trade for the Gentlemen hath bargained with the Indians to giue each Man a dram before they go out fishing in the Morning; but under that p'tence much Abuse have bin, but respecting the p'sent Voyage a small Quantity came, about 16 Gallons which was carried to ye Indians. It so came to passe that a Sloop came to my Hono'd Cousin Mr. Mayhew from the Hon'bl Councell, and Mr. Mayhew sent to me the Order that prohibited strong Drink being carried to any Indian Planta- tion,* which Order came to my Hand the 6th day of the Week, and I presently went to ye House of him that had carried the Liquor aforementioned to ye Indians: and carried the Order with me but finding him not at Home left a Warrant at the House requireing him in his Ma'ties to fetch away the Liquor carried to ye Indians: but slighted and not at all obeyed, but the Liquor spent there as I vnderstand. The Monday following I caused the Order to be read in the Town Meeting, which some greatly disliked, as I vnderstood.

My humble Request is, a Word or two from yo'r Hon: about it. Sir, concerning the Peace we hitherto enjoy, I cannot imagine it could haue bin if strong Liquor had bin among the Indians, as formerly: for my owne p't I haue bin to ye vtmost an opposed of the Trade these 38 yeares, and I verily belieue (respecting the Indians) tis the only Ground of the miserable p'sent Ruine to both Nations: for tis that hath kept them from Civility, they haue bin by the drunken Trade kept all the while like wild Beares and Wolves in the Wildernese; concerning my vnderstanding in the Matter I haue now sent to Gouerno'r Leveret, ye which I hope may

come to publicke View &c. But respecting the p'sent Times and State of Things, I humbly entreat if in yo'r Wisdom you shall see meet to make a strict Law or Order respecting o'r Island to p'hibit any Vessel whatsoever that shall come in ye Harbor to sell or giue any strong Drink more or less to any Indian vnder a pen- alty, and to Command or Order the Gouernor here to search all Vessels for strong Drink and either to cause the Master or Merchant to carry away or take into custody so much as the judge may be needful for the moderate vuse of the English here, or for Indians in case of distresse, &c., and according to ye discression of the Court to put it in the Hands of some Man or Men that may be judged faithfull by small quantities, dispose as be needed, for tho ye Traders it may be do not dispose of much to ye Indians, yet many of the Inhabitants do frequently purchase it p'tending for their own vse and sel it to ye Indians. An Order from yo'r Hon'r will be of greater Force than any we can make tho left too Liberty herein: and whereas in yo'r Letter to Mr. Mayhew you giue Liberty to dispose of Powder to trusty Indians for their necessary vse we judge it were better for us wholly to p'hibit, for tho some here we apprehend may be confided in, yet so to dis- tinguish will giue great Offence, yet by priuate Instructions yo'r Hon'r may referre something to the discression of the Gouernor, respecting contingent Accidents in reference to . and Peace,

not further Trouble at p'sent I commend you ye weighty Affaires committed to yo'r management to ye of the only wise God and remaine.

Yo'r Seruant at Command, THO. MACY,

It is quite noteworthy that Mr. Macy did not indulge in the personalities which Mr. Folger used neither is his letter quite

*General Laws of June 18, 1672. Hough 42.

HISTORY OF NANTUCKET

so gushing in its allusions to Governor Andros, though respectful and dignified. It is not possible to gather from his letter who is responsible for the disobedience of the laws of the General Court of the islands regarding the sales of liquor to the Indians. Ex- perience has clearly shown that the indulgence in strong drink by the aborigines was invariably productive of the trouble and it is not unreasonable to believe that much of the disturbance among the Indians may have resulted from the indulgence in liquor. One source from which they obtained their strong drink, apparently one referred to by Mr. Macy, would appear to be John Gardner, as would seem to be shown by a letter from him to Governor Andros, dated March 15, 1676-7 .*

Mr. Gardner, in assuming to acquaint the Governor with the state of affairs on Nantucket, said that "there hath bene an un- hapy diference Amongst us; beyond before my coming to this Island; and since not decresed, is to Evident." He then goes on to recite from his standpoint, the story of the original purchase of the Island from the Mayhews, the admission of partners; the accession of the Half-Shares Men; the brief reign of the Dutch, the return of the English, the transfer of governmental responsibilty from the Eari of Sterling to the Duke of York and the orders given to the First Purchasers to appear in New York and file their claims and get them recorded, but does not allude to the order of Governor Andros of November 7, 1674, in which he clearly explains that those previously in ownership were confirmed in their titles, but must have them recorded anew in order to avoid possible future trouble from litigation.

Mr. Gardner continues: "Now heare comes in the Ground of all our diferance, that seueral of the Inhabitance joyned with the Purchasers, afirming that this ther ould Titell as Good, and that they need not to take the Titell from his Ryall Highness as the Law directs, and that it was the one before, On the managing of this Dispute hath many Things fallen on us as sum of us judge derigatory to his Ryall Majesty's Athority, and his Ryall Highness Propriety and Gourment, which will beter Apear by , sesone. Thes Things hath wrought such Resistance in Agit'tion that we are now Gone just to Distracktion the Evidencs in

in that of the Gouernment that is amongst us.

Mr. Macy and his Relations though formerly aserted his Ryall Highnes Propriety and Interest now joyne with that Party as we judge opose it, and sum Persons now came out of the Bayt of those Purchasers as Sojourners for a Time by Reson of the Indian War, so they now haueing the biger Party hear, mould all Things after ther Plesuer, or at Lest Endeuer it, but which is worse than all this, Peter Coffin and James, Soyourners for a Time, haueing ther Mouths full of those vile Reports, thay windy of your Honors being reported to be the Indians Abeter in the War against the English, aleging it publeckly, as a Ground why we might not follow your Honors Order according to the Law, in helping the Indians as the Law dericts; and this thay prest with vyolence in words. I gave them this Answer after sum others, that I did believe that it would neuer apear that your

* Hough p. 103.

¡The Massachusetts Bay Colony.

HISTORY OF NANTUCKET

vnspoted Honor had euer asisted the Indians, or ben the Abeter of his Majesties or the English Enemies. Peter Cofen answered, then hee was basly belyed, in a reprochfull Maner as could well be without positive Afirming of it :- further following this Dis- corse with vere high Words, Mr. Macy being by, and heard all thes Things, but could not find one Word in your Honors Vindica- tion or Stop to their Vyolence, though aserted himself to be a Chef Magistrate."

Mr Gardner continues his opposition to Peter Coffin who he says is "now in Comision the Bay, and Debity of ther Generall Court, as I am enformed," and then says-"and for my seluef I haue haluef a Barrell of Rom taken from me, and disposed of after ther Plesuer, and for what Reson I profes I know not, but because it was myne. (This was done cheafly by Mr. Macy and his Sone Worth.) I have desiered the Constabell to give me a Copy of the Warrant by which he took it from mee, but I cannot obtaine it, and from Mr. Macy cane have no Answer. But of Releuef in its seson; but for the Present haue expected dayly the Prison to be my Portion, I being Highly Guilty of that great Sine of Aserting his Royall Highness Justes . and Propriety according to Law, as sum count it, but I hope not all .*

Amongst the Indians, there has been Great Disturbence of late, by Reson of several Lawes, mad and Published amongst them by our new Magistrates, and it rose so highe, that one of the Indian Sachems tould me, they could not forbear but must fight, if these Laws wear prosicuted one them, and no passifuing of them but by assuring them of his Majesty's Reall Care in Proteckting them from Wrong, together by begeting in them a high Esteme of your Honour, that you haue always taken care that they shall haue equall . . . and that upon the just Complaints, find . . out Releuef, to which they say thay are fully Satesfied, and are allways willing to ly down by your Honor Plesuer, but cannot beleue that it is from your Honor, that Boston Men should be ther Juges,-that to speak ther one Words, say and beleue to Masters heard .

by Boys, as they call young Men in this Case .; But hear are som of them now gone to your Honor, desiring me to wright in their Behaluef, by home I spose your Honor will vnderstand at Large ther busnes that I am a Stranger to: but Assuers them of your Honors Redynes to hear and dow them Right without an Advocat; and of them is one Hardy, that sent your Honor a Girdell of Peaque the last Year by Capt. Philipson. He is a popelar Man amongst the Indians here, and is as good a Wite we judge as any is amongst them. I question not but your Honors Wisdom will so Carry it towards them as will abundantly Ratify our hitherto continued Peace, and if your Honor shall be Pleased to favor vs with your Word to the Master of aney Vesell to give them Pasage back, and land them on the Vynyard which will be in ther way; your Honor will aboundently Oblige your unworthy seruant heare."

*History is not particularly complimentary to Andros. He inclined to be domineering and the fees exacted for recording grants were quite a source of revenue. He was recalled to England in 1681 and put on trial for alleged misdemeanors, but was acquitted. He was denounced as a tyrant, but it must be admitted that the people of Martha's Vine- yard and Nantucket had little to complain of a's to him personally. It was claimed too that he made little effort to suppress the Indians. ¿It is not surprising that Macy desired to enforce the provisions of law against the sales of liquor, wisely passed by the General Court. The English men on Nantucket capable of bearing arms in 1675 were about 30 while the able-bodied Indian men numbered between 500 and 600.

#Papers Relating to Nantucket pp. 103-110. The sentence of the Court in the case of John Gardner was as follows (Ib. pp. 110-111)- "WHEREAS this Court taking into consideration how they might best (See next Page)

HISTORY OF NANTUCKET

Gardner was summonsed before the Court and refused to appear. Brought forcibly by the constable he. treated the Court with the utmost discourtesy. It was not possible for the Court not to take cognizance of his lawless behavior and he was accordingly fined and disfranchised. The punishment may have been severe and disproportionate to the crime, but it must be remembered that the evidence shows that the attitude of the Indians on the Island was becoming threatening and the conduct of Peter Folger and John Gardner was not of such a nature as to pacify them.

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The history of Nantucket County, island, and town : including genealogies of first settlers, Part 8

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