USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 35
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 35
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Is this the Language of the brave, the just The Guardian Gods in whom the People trust? Detested TRAYTORS, fly the Sight of Men And never dare to mention RIGHT again.
Paul Revere designed a caricature entitled "A Warm Place - Hell" which pictured the monstrous open jaw of a dragon, with flames issuing forth; and the devil with a pitchfork driving the "17" Rescinders into the fire, exclaiming: "Now I've got you - a fine haul, by Jove." The leading man in the company of the "17" is shown reluctantly facing the belching flames and an imp flying overhead, about to prod him with a three-tined fork, cries out: "Push on Tim," referring to Timothy Ruggles of Hardwick. John Calef of Ipswich is shown with a calf's head, but no other figure has any identifying marks. Underneath the caricature is a descriptive verse:
On brave Rescinders to yon yawning cell Seventeen such miscreants sure will startle Hell There puny Villains damn'd for petty sin On such distinguished Scoundrels gaze & grin. The out-done Devil will resign his sway He never curst his millions in a day.
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Upon this situation York responded with no uncertain voice, in a few words, but patriotically to the point. At a town meeting held September 13, 1768 they voted: "this Town highly approve of the Proceedings of those of the late HonBLE House of Representatives who were not for rescinding
Voted, that this Town Sincerely thank the late HonBLE House of Representatives, who were for maintaining our Just Rights and Liberties" (T. R. ii, 160).
The town had made itself heard, but the voice was not the voice of Jonathan. He was no longer its Sir Oracle.
From this time forward began the political and social cleavage of opinion between the two opposing philosophies of government-conservative and liberal or independents. The formal records of town meetings do not give us a complete picture of the rival forces. We must find it in the private letter or the contemporary diary. From one of the latter sources we get a view of personalities and current events. John Adams in his diary (1770) has pre- served his impressions of the situation in this town, as told him by his landlord of the Woodbridge Tavern, concerning the controversy of 1768. Adams writes that he was told by "mine host" that
David Sewall is not of the liberty side; the Moultons, Lymans and Sewalls and Sayward are all of the prerogative side. They are afraid of their commissions; and rather than hazard them they would ruin the country. We had a fair trial of them when we met to return thanks to the ninety two anti-rescinders; none of them voted for it though none of them but Sayward and his book-keeper had courage enough to hold up his hand when the vote was put the contrary way.
The identity of this bookkeeper is not known. "The Moultons" were Daniel, Judge of the Inferior Court of Common Pleas (1766), and Jeremiah, Tertius, Sheriff (1761), and their families; "the Lymans," then of adult age, were Dr. Job and his nephew Theodore. The "Sew- alls" included David, Register of Probate (1766) and Justice of the Peace and Quorum (1767), and his brothers, but the chief of the "prerogative" faction was Jonathan Sayward, of whom an extended account is given in another chapter. It is easy to see that the recipients of favors from the Royal Governors had no appetite for political agitation, that looked like a challenge to established authority.
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ยท No action seems to have been taken in 1770 about the "Boston Massacre" on March 5 of that year. The succeeding scenes in this drama followed in regular order towards the climax. On December 28, 1772, the town passed the following resolution :
I. Resolved, That as the Inhabitants of this Town are faithful and loyal Subjects of his Most Gracious Majesty, King George the third they are well Intitled to his most Gracious favour; and to be protected and secured, not only in their natural and Constitutional Rights as Englishmen, Christians & Subjects; but in all and every, the Rights and Priviledges, contained in the Royal Charter of this Province.
2. Resolved, as the opinion of this Town, that divers of those Rights, Liberties and Priviledges, have been broken in upon, and much Infringed, to the great Grievance of this Town, and justly alarming to the Province.
3. Resolved, That in the opinion of this Town, It's highly nec- efsary some just and reasonable Measures be adopted for the Speedy Redrefs of such Grievances, so burthensome and Distrefsing to us: which, if made known to our most Gracious Sovereign - We cant but flatter ourselves (as our cause is so just) that would be pleasd to re- move them. I
4. Voted, that our Representative at the Gener Court, use his utmost Endeavours and Influence for the speedy Redrefs of our Grievances in such 3 wise, Moderate 2 and prudent I way and man- ner, as shall appear to him most fit & likely to take effect and as his Wisdom and Judgment shall dictate.
5. Voted, that the Clerk give out a Copy of the Proceedings of the Town at this Meeting to the Select Men, who are desired to Trans- mit the same to the Select Men of Boston: with the thanks of this Town to that Town for the early care they have taken of our Invalu- able Rights and Priviledges and the Zeal they have for preserving the same."
As the political controversy approached the crisis Judge Sewall aligned himself with the vast majority of his neighbors in the town and Province, feeling that their desire for independence was natural and just. He became a staunch supporter of the Whigs, as the patriots were called, doubtless feeling that alienation of the friend- ship of all his old associates on a debatable political issue, even if it became a lost cause, was not worth the enmity that would embitter his life ever after.
Again, on January 20, 1774, a committee consisting of John Bradbury, Esq., Thomas Bragdon, Esq., Capt. Joseph Holt, Capt. Daniel Bragdon, Capt. Edward Grow and Mr. John Kingsbury were chosen "to consider in
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what manner the Town's Sentiments may be best express'd on the present Independent Crisis and make report" on the following day. Their report is expressed in these resolutions which were adopted and a copy ordered sent to the Town Clerk of Boston:
At a meeting of the Freeholders and other Inhabitants of the Town of York, regularly afsembled at the Town House on Monday the 20th day of Jany. 1774.
The Honble John Bradbury Esq. chosen Moderator.
The Town immediately proceed to choose a Comtee, namely: The Honble. John Bradbury Esqr, Thomas Bragdon, Esqr. Capt. Joseph Holt, Capt. Danl. Bragdon, Capt. Edward Grow & Mr. John Kings- bury to consider in what manner the Town's Sentiments may be best exprefsd on the present Important Crifis, and make Report to this Meeting upon ye Adjournment tomorrow.
Voted, this Meeting to be Adjourned to tomorrow, two oClock afternoon.
Upon the adjournment viz: Tuesday Jan. 2Ist two oClock afternoon: The said Comtee Reported, which, with the Amendments, is as follows: "The Comtee appointed by the Town to Consider in what manner their Sentiments may be best exprefs'd on the present Crifis, beg leave to report:
I. That the People in the British American Colonies, by their Constitution of Government, have a Right to Freedom and an Exemption from every Degree of Opprefsion & Slavery.
2. That it is an Efsential Right of Freemen to have the Disposal of their own Property and not be Tax'd by any Power over which they can have no Control.
3. That the Parlamentary Duty Laid upon Teas Landed in America for the Exprefs purpose of raising a Revenue, is in effect a Tax upon the Americans, without their consent.
4. That the several Colonies and Provinces in America have ever recognized the Protestant Kings of Great Britain as their lawful Sovereign: and it doth not appear that any Parliament have been parties to any Contract made with the American Settlers in this howling Wildernefs.
5. That this Town approve the Constitution Exertions & Strug- gles made by the opulent Colonies, through the Continent, for preventing so fatal a Catastrophe as is Implied in Taxation without Representation: - and that we are, and always will be ready, in every Constitutional Way to give all afsistance in our Power to pre- vent so Dire a Calamity.
6. That a Dread of being Enslav'd ourselves and of Transmitting the Chains to our Posterity, is the Principal Inducement to these Measures.
7. Voted, that the Sincere Thanks of this Town are Justly due and hereby are given to all such Persons in this and the several Provinces & Colonies on the American Continent, especially to our Brethren of the Town of Boston, so far as they have Constitutionally
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exerted themselves in the support of their Just Liberties and Privi- ledges:
Which was Read Paragraff by Paragraff and accepted - And thereupon, Voted, that the Town Clerk Transmit a fair Copy to the Town Clerk of Boston: and then the Meeting was Disolv'd.
An inevitable psychological reaction against extreme measures prevailed throughout the country after this bombardment of paper resolutions, and conciliatory measures began to find favor through the counsels of the Conservative elements. But the duties on tea still re- mained, and a boycott against its use was inaugurated by housewives and husbands. When Parliament insisted on its importation the Boston Tea Party of December 16, 1773 resulted. This was a local outbreak, but was secretly approved by the "Sons of Liberty" and their supporters. The people of New York and Philadelphia sent the tea ships back to London (Holmes Annals ii, p. 303). Back came the angry growls of the British lion. Closure of the Port of Boston followed. Acts of Parliament altered the Massachusetts Charter which increased the powers of the Governor arbitrarily, changed the manner of drawing jurors and provided for certain kinds of capital crimes to be tried in England. The reaction to these acts was definite and hostile. Nevertheless, the prospect of civil war rested heavily on the minds of many, not only in York, but in the entire Province. This sentiment was naturally fostered by the conservative element in this town of which Judge Sayward was the principal advocate. John Adams describes this situation in a letter to his wife from York, dated June 29, 1774, in which the Judge is pictured as the cause of the doubts of many as to the righteousness of the American cause. He wrote:
The prophet of York has not prophesied in vain. There is, in this town and county, a Laodiceanism that I have not found in any other place. I find more persons here who call the destruction of the tea mischief and wickedness than anywhere else; more persons who say that the duty upon tea is not a tax nor an imposition, because we are at liberty to use it, than anywhere else. I am told the Deacon insinuates sentiments and principles into the people here in a very subtle manner; a manner so plausible that they scarcely know how they come by them.
THE YORK "TEA PARTY"
On September 15, 1774, the Sloop Cynthia, James Donnell, Master, rounded Stage Island and came to an-
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chor off Keating's wharf, with a cargo for his uncle, Deacon Jonathan Sayward. The latter records in his diary that she came from Newfoundland. Ordinarily this was not an important entry in the Deacon's inter- leaved almanacs as he was an owner of several vessels engaged in the coastwise trade and they were constantly departing and arriving. But this particular arrival was of more than passing interest on account of her cargo. The interest was political, rather than commercial. It took some time for the facts to become known, but it was finally learned that Captain Donnell had aboard about one hundred fifty pounds of the contraband article, tea! Immediately the story of the picturesque Tea Party staged on the waterfront of Boston on November 13 of the last year began to be rehearsed, and the "Sons of Liberty" regarded it as a challenge to their embargo on this symbol of tyranny. Sayward notes that when this became a matter of town talk "a number were uneasy," and it was a week of "confusion." An impromptu town meeting was called on September 23, and a committee was chosen to seize it and thus prevent its sale and distribution. This informal committee proceeded to carry out their instructions, and despite the protests of Donnell they came aboard and forcibly removed the forbidden tea and took it to the store of Capt. Edward Grow on the river front below Sewall's Bridge, for safe keeping "until further Discovery could be made," according to a con- temporary account. Meanwhile the "Sons of Liberty" were making their plans to show their compatriots else- where that York was not a healthy place for the importa- tion of tea. The narrator of these events thus describes the climax as one of the witnesses: "And the Evening following a Number of Pickwacket Indians came into Town and broke open said Store and carried it off: which has not been heard of since." Like its famous predecessor the identity of this party of "Pickwacket" braves has remained a secret to this day, and the story of it has not been told for a century and a half. Thus York had its "Tea Party," though it has not been so well advertised as the Boston affair.
Then came the Continental Congress which met at Philadelphia September 4, 1774, and unanimously passed a Declaration of Rights expressed in fourteen articles.
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In town meeting on January 9, 1775 it was voted that "this Meeting acquess in & approve of the 14 articles contained in the Continental Congress" and that a com- mittee consisting of Mr. Joseph Grant, David Sewall, Esq., Capt. Daniel Bragdon, Messrs. Ebenezer Blaisdell Junior, John Weare, Caleb Preble, Edward Grow, Johnson Moulton, Jeremiah Leavitt, Samuel Harris and Dr. John Swett were appointed to carry out the provisions of the eleventh article (the non-importation recommendation?). The constables were ordered not to pay out any money "raised for the use of the Province" until authorized at the next town meeting. Capt. Daniel Bragdon was chosen Representative and David Sewall, Esq., John Simpson, Esq. and Dr. John Swett were delegated to give him writ- ten instructions for his guidance at the next Provincial Congress to be held at Cambridge. The instructions speak with feebler voice than could be expected in the matter of breaking connection with the English crown, but words are used to conceal thought and Sayward in his diary gives a closer view of the mental attitude of the people in these exciting months. The instructions read as follows:
Capt. Danl. Bragdon chosen to represent this Town in the next Provincial Congrefs to be held at Cambridge. Voted and granted to Capt. Danl. Bragdon, Fifteen Pounds on acct. of his Service as a Representative of this Town, and as a Delegate to the Provincial Congrefs. David Sewall Esq., Joseph Simpson Esq. & Doctr. Swett chosen a Comtee to draw up Instructions to our Delagate who is to attend at the next Provincial Congrefs and Exhibit the same to this Meeting as soon as may be.
The Comtee withdrew a short space of Time and then returning made the following Report.
"To Mr. Daniel Bragdon: Whereas you are chosen by the Town of York to represent them in a Provencial Congrefs proposed to be held at Cambridge some time in Febr. next: The Town think proper to give you the following Instructions:
That you do nothing that shall Militate with the procedings of the late Continental Congress.
That you on no pretence whatever give your Voice or consent to Afsume any new form of Government.
That you do not consent or advise to any Infraction upon the Laws of the Province of the Mafsachusetts Bay made & enacted under the Royal Charter of William & Mary.
That you do not as a Congrefs afsume any Governmental Acts. That to your utmost, you endeavour to prevent every Measure that shall lead the Province into a Civil War.
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That should the Congrefs by a Major Voice Afsume the Govern- ment or Adopt any Plan for a New Government: You immediately enter your difsent in the Name of your Constituents." which being read by Paragraff was voted and accepted. Voted that the Clerk Record the Proceedings of this Meeting. 4
Nevertheless, the time for resolutions and arguments was past. The authority of the Crown was gradually weakening, and being transferred to local committees representing the "rebels." The midnight hour for royalty in these colonies had struck.
Henceforth everything was done in the name of the American People
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JONATHAN SAYWARD 1713-1797 Justice of the Provincial Court
CHAPTER XXXIV THE EVOLUTION OF A TORY
One of the distinctive historical characters of this town merits a special chapter to record the interesting story of his rise from a small beginning, the attainment of social and political leadership and his decline and fall in public estimation. This chapter is devoted to Jonathan Sayward. He was the eldest son and third child of Joseph and Mary (Webber) Sayward, born November 9, 1713. His father in his generation was one of the leading citizens in civil and religious activities of the town, a grandson of Henry Sayward, the miller. Of his father and great grand- father references will be found in their appropriate places and it will only be necessary to mention them as having a direct contrast with the subject of this chapter as to con- ditions of life in his boyhood. Joseph Sayward, one of the Elders of the church, was more enterprising than judicious, like his grandfather Henry, and by 1732 when Jonathan was but nine years of age he was so deeply entangled financially that the town unanimously passed a vote to take charge of his affairs "compounding with Sayward's creditors and paying his just debts." It is a fair conclusion that this object lesson of mismanagement and possible lack of thrift in his father (albeit with no taint of dis- honesty), left its impress on the boy and instilled into him the value of prudent management of his affairs as he grew to years of discretion. Certain it is that as compared to his father's and great grandfather's business careers, his own success stood out in glowing colors. His father died in 1741 when Jonathan was twenty-eight years of age. By this time he had begun his independent career and his gradual rise in his small business world can be read in the public records of the county.
In 1735 he describes himself as a "laborer"; in a deed of 1740 he was a "coaster"; in 1750 he had become a "trader." It is easy to visualize his development from an employee to an independent business man. Concur- rently he began to take an interest in public affairs. He was chosen town clerk in 1736; constable in 1741 and was
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commissioned in 1745 to command the sloop Sea Flower in His Majesty's service as a transport in the expedition against Louisburg. In this period he was accumulating and saving property. Like all active men living on the seacoast he naturally found opportunities for his genius in seafaring investments. In 1761 he had acquired inter- ests in six sloops engaged in coastwise trade. Between the business of dispatch and return of his vessels he was using his spare funds in buying negotiable notes, discounting soldiers' wages, investing in mortgages and buying "Com- mons" rights in the town. In 1762 he recorded in his diary that he had two thousand pounds at interest. One of his sloops The Three Friends was sold for four hundred pounds sterling and the diversity of his mercantile ven- tures is illustrated in another entry in his diary the same year: "I put on board for Boston 500 lbs. beaver small fur" and 25 lbs. "Casters." Thus in his fiftieth year he had acquired a competence and on the last day of the year 1762 he piously entered in his diary: "Go with me, Oh Lord, into another year. Keep me company and let the blessing of God remain with me." He had become in this period of time one of the outstanding men of York and its leading citizen, whose reputation had extended beyond the con- fines of the town. In his diary, under date of November 30, 1761, he enters this record: "I heard I was appointed a Justice of the Peace; Lord help me in doing my duty and improving for Thee" was his sincere expression of obliga- tion on receipt of this news of his commission at the hands of Governor Thomas Pownal.
The social and political position of Jonathan Sayward was now insured in the town and Province. He could con- template his rise from the ranks of the common people through the social grades of laborer, coaster, mariner and trader to be addressed by his fellow citizens as the Hon. Jonathan Sayward. He was reappointed by Gov. Francis Bernard in 1768, a Justice of the Quorum, and in 1772 he was appointed a special Justice of the Court of Common Pleas and Judge of Probate for York County, and in 1774 his original commission was renewed by Governor Gage. It might well be asked what natural or acquired qualifica- tions Jonathan Sayward, once laborer, coaster and trader, possessed to administer the judicial duties which devolved on him. It is evident that he was not himself insensible to
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his lack of early training. The following letter to Governor Hutchinson shows his appreciation of this feature:
York, October 6th, 1770
Honord Sir:
I remember with gratitude the obligation you have laid me under in the late appointments of justices in our county. I am sure of their abilities and Disposition to do all the good they can.
Give me leave to hint an affair to your Honor for the good and use of all the Justices of the Province, which is this: there is no Direct and Particular Plan of Duty Pointed out that I know of for a Justice his rule to bring on and carry a Pross. unless he can pick it up out of our law or some authority which are calculated more for the Island of Great Britain than for us: however, we in the country cannot borrow those authoritys, nor are we at hand with Persons Cappable of giving advice, though to our honor I may say we have some in the country that are connissieurs in the Duty of their office: if your honor would advise that some would undertake to publish a small tract on that subject, it would add to the many obligations the province are under already to you. The late Mr. Gridley took in subscription for that purpose. Perhaps he partly executed his plan before his death; if so that might be got and the sooner finished I think it would not only be a public good but that the author might raise a Personal benefit. Our dependence on Mr. Gridley's perform- ance Prevented our Laying out for other helps. I submit the whole to your Honor's consideration, and now say one word on Polliticks, this hath been the cry with us, better the ministry take away our privileges than we give them away, my answer is they had better take them than we throw them away, which in my weak oppinion we are doing fast. I am with all submission your Honor's most obliged and obedient Servant,
Jonathan Sayward
To the Honorable Thomas Hutchinson, Esq.
The town had already honored him as well as itself in choosing him as its representative to the General Court in 1766-7-8. In the latter year, under date of May 9, he entered the following in his diary: "Jonathan Sayward elected. Largest number voters ever - 129/ I had 67, Capt. Grow 40, Capt. Bragdon 22." By this time he was a full-fledged aristocrat and a Tory. The session of the General Court in June 1768 following his last election was exciting and epoch-making in the political history of that generation, and its acts proved to be the embryo of full- fledged Revolutionary activities. It is worth while to quote his diary for June of that year to learn his reaction to the decisions of the members:
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All this month in Boston doing my duety at the Generall Court in which time an event took place which may be fatal in its Conse- quence to the Libertys of this government. the Case was this: in the Session of last winter it was proposed to send Circular Letters to the other governments inviting them into a Coalition in Remon- strating to our Mother Country agin Certain Dutise and Revenues which they were pleased to Lay on us and to Cominto Certain Reso- lutions Ryspecting them which we had done. I was then in the House of Representatives and was much against Resolutions being sent in a Publick manner by authority. I then said it would bring the weight (of) ministerial Vengeans on this province. I have lived to see my Prediction fulfilled. We had this last Session an order from the Kings Minstr of State to Rescind that Letter and if we denied the governor is orderd to Dissolve the General Court: in the reasoning of the above I was one of the 17 that was for Rescinding and 90 that was against it: which Govt. Disorder have Infused and the 17 are treated with all Contempt and the printers are full against us. Time only will Disclose whether the 17 are in the Right or the 90.
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