Proceedings of the Nantucket Historical Association: Thirteenth Annual Meeting

j PROCEEDINGS OF THE

NANTUCKET HISTORICAL <0

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Thirteenth Annual Meeting JULY 24th, 1907

WALTHAM PUBLISHING CO., PRINTERS WALTHAM, MASS.

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PROCEEDINGS OF THE

NANTUCKET HISTORICAL (ASSOCIATION

Thirteenth Annual Meeting JULY 24th, 1907

WALTHAM PUBLISHING CO., PRINTERS WALTHAM, MASS1907

ANNUAL MEETING

| HE 13th Annual Meeting of the Nantucket Historical I Association was held Wednesday morning, July 24th, at 10 o'clock in the Old Friends Meeting-house, the aud­ ience room being well filled. President Starbuck called the meeting to order immediately after the arrival of the appoint­ ed hour. The Secretary read the record of the previous An­ nual Meeting, which was approved.

The reports of the Treasurer, Secretary and Curator were read, and ordered to be printed in the Proceedings. The Trea­ surer reported a prosperous financial year and that the affairs of the Association so far as his duties were concerned showed an excellent condition. The Secretary gave an interesting resume of the past year of the Association and the meetings of the Council, as well as some of its doings, which included a proper caring for the tomb-stone of Rev. Bezaleel Shaw, one of the min. isters of the Congregational church of the early part of the last century. The Curator, whose report is always stimulative, enumerated some of the principal gifts to the Association dur. ingthe past year, and told of some of the preservative work of her department. An interesting feature of her report was the authentication of the old legend of the young girl who

6

MINUTES OF MEETING

was caught by the flying vanes of one of the old windmills and whirled around, somewhat miraculously escaping being killed.

Its authenticity was vouched for by the lady who then was the girl and the heroine of the story.

The annual address of the President was congratulatory of the work and general prosperity. He spoke of the four conventions he had attended as delegate of the Association, and paid a tribute to the memory of deceased members, and pointed out some avenues for further effort. He closed by making an appeal for a largely increased membership.

Allen Coffin, Esq., reported for the Nominating Committee the following list of officers for the ensuing year: PRESIDENT,

ALEXANDER STARBUCK. VICE-PRESIDENTS,

HENRY S. WYER, DR. BENJAMIN SHARP, MRS. SARAH C. RAYMOND, MRS. JUDITH J. FISH, MOSES JOY, HENRY B. WORTH. SECRETARY,

MRS. ELIZABETH C. BENNETT. TREASURER,

HENRY S. WYER. CURATOR AND LIBRARIAN,

MISS SUSAN E. BROCK. COUNCILLORS FOR FOUR YEARS,

SYLVESTER SWAIN, MISS ANNIE W. BODFISH. AUDITORS,

IRVING

ELTING, EDWARD A. FAY, HARRIET A. ELKINS.

MISS

MINUTES OF MEETING

7

It was voted to proceed to ballot. The President appoint­ ed Allen Coffin, Esq., and M. F. Freeborn tellers. The result as reported was 52 ballots cast and all for the nominees of the committee.

The election of a Nominating Committee for the ensuing year was next in order, nominations being made from the floor. Several members of last year's committee being reluc­ tant about serving again, the election resulted in the choice of Mrs. Rebecca Watson Farnum, Dr. J. S. Grouard, Miss Harriet Easton, Miss Lydia H. Macy and Miss Susan A. Starbuck.

Mrs. Eleanor Morgan called attention to the efforts of the Abiah Folger Chapter, Daughters of the American Revolution, to suitably mark the graves of the 21 Nantucket men who served under John Paul Jones and the impossibility of locating them. The Chapter proposed to have a bronze tablet prepared, suitably inscribed, commemorating their pa­ triotism, and desired to have it placed on the outer walls of the Fire Proof building. The tablet would also be in commem­ oration of Lieut. Pinkham, of Nantucket birth, who saved the birthplace of Jones from the ruin of decay and had it restored at his own expense. On motion of Dr. Sharp this matter was referred to the Council for consideration and action.

The President then presented Allen Coffin, Esq., who read a very entertaining and valuable paper on "The Legal Fraternity of Nantucket, or the Law and Lawyers from an Early Period."

At the close of Mr. Coffin's paper he was given an unanimous vote of thanks and requested to furnish a copy for printing in the Proceedings.

Mr. Moses Joy, referring to an anecdote related by Mr. Coffin relative to the "farming-out" of the legal services of Daniel Webster by a thrifty Nantucketer, confirmed the

8

MINUTES OF MEETING

story on the testimony to him of Judge Healey, once Mr. Webster's law partner.

On motion of Treasurer Wyer the Association by unani­ mous vote made Life Members of President Starbuck, Mrs. Marianna Sprague-Barnard and Mrs. Helen Leeds-Mitchell The President urged a full attendance at the afternoon reception, assuring all who came a good time, and there being no further business the meeting was adjourned.

AFTERNOON EXERCISES There was a good attendance at the afternoon reception and anecdotal symposium. After a period of animated social converse, refreshments, consisting of ice cream, fancy cakes and lemonade, were served by a very efficient committee under the general direction of Miss Mary L. Myrick and many volunteer aids, Miss Jane Tobey, assisted by Misses Massey, Phillips and Elting officiating at the lemonade table. This was followed by an adjournment to the old Meeting House, where all were seated. By request of the committee Presi­ dent Starbuck acted as master of ceremonies and endeavored occasionally to stimulate the story telling An hour was delightfully passed in the relation of anecdotes, to which Dr. Anne M Blossom, Miss Phebe W. Bunker, Mr. Moses Joy, Miss Helen M. Gardner, Mrs. Elizabeth C. Bennett, Miss.

Phebe Coffin Edwards, Mrs. Mary E. Denham, Dr. Benjamin Sharp, Mrs. George C. Hollister, Rev. Edward Day and Allen Coffin, Esq., all contributed several more than once.

An attempt was made to get an expression of opinion as to what form future receptions or entertainments after the Annual Meeting should take, but the striking of the hour of six called so many away that no definite decision could be reached. So far as could be judged by the expressions of those who gave an opinion the majority seemed to favor the plan followed in 1906 and 1907. The meeting dissolved immediately after 6 o'clock.

MINUTES OF MEETING

9

At a meeting of the Council held Thursday morning July 25 th, the following committees were elected: Finance—Millard F. Freeborn, Miss Susan E. Brock, Henry P. Brown.

Publication—Miss Susan E. Sharp, Miss Elizabeth S. Riddell.

Brock,

Dr.

Benjamin

Building—Millard F. Freeborn, Henry S. Wyer, Miss Susan E. Brock.

Annual Meeting—Dr. Benjamin Sharp, Mrs. Elizabeth C. Bennett, Sylvester Swain, Miss Annie Bodfish, Alexander B. Lamberton.

New Work—Miss Mary L. Mvrick, Miss Mary E. Starbuck, Mrs. Eleanor Morgan, Miss Emily Weeks, Alexander Starbuck.

SECRETARY'S REPORT MR.

PRESIDENT, MEMBERS OF THE NANTUCKET HISTORICAL ASSOCIATION AND FRIENDS:—

The reports of officers of the Nantucket Historical Asso­ ciation should necessarily be a pleasant task, since we are always assured a ready response of approval from the members at home and abroad. In fact this very approval made us optimistic in those first years of commencement and was a force in making this Association what it is today, a living one we must all be proud of together.

The active work of the Association for the year i9o6-'o7 shows to best advantage in a Curator's report. Naturally now that the Association is on an assured footing its develop­ ment is entirely in the direction of increase in collection and funds.

The routine business has been transacted in proper order.

There have been three meetings of the Council, always well attended. At the first Council meeting of the fiscal year the business as usual was the appointment of committees, Finance, Publication, Building, New Work, Annual Meeting.

The duties of the first three committees, Finance, Publication and Building are self-evident.

The organization of committee on New Work, first thought of in July 1905, was due to a desire to find new lines of work for the Association. The concrete idea at the time was to catalogue the inscriptions in the local cemetaries. It is by some courtesy that this should be called "new work, " in-as-much as Rev. Myron S. Dudley Dr., Benjamin Sharp and Miss Mary E. Starbuck with other devoted members have already completed the catalogue of the Old North and South Burying Grounds. Any one interested in this lugubrious matter canfind proofs of their activity in the card catalogue in the Rooms.

SECRETARY'S REPORT

II

It seemed important that this undertaking should find its consummation. Lacking a more suitable pigeon hole name for the committee which should have it in charge to continue this work, the Council saw no reason why it should not lay the duty upon the New Work committee. You can see how easily a committee so named can play any role. I believe I may safely say that up to date this committee has not looked further afield for novelties. They might answer on roll call, Mr. Alfred E. Smith, Mr. Alexander Starbuck, Miss Emily Weeks, Mr. Irving Elting.

The work of the Annual Meeting committee must interest all most vitally. We have one day in the whole year when the members of the Association may gather together, and how shall we spend the time apart from the business meeting?

It would lighten a considerable burden of perplexity if at the informal meeting this afternoon after the reception, the members of the Association frankly express their views as to how we can best entertain ourselves from year to year. Shall it be by evening reception, or banquet, or afternoon tea, or clambake?

What further business from the Council meetings is large enough to be of interest it is hard for your Secretary to say, for the Curator will find me intruding on her preserves if I do more than mention Mrs. Benjamin Albertson's loan of the vital records of the Nantucket Friends. Tomb-stones and vital records are indeed a happy hunting-ground for a Histori­ cal Association. We have also spent $3. for renovating the grave stone of Bezaleel Shaw.

And now you will wish to know how we stand in our Membership List.

259 Annual Life 59 Life Councillors 3 Total

321

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SECRETARY'S REPORT

We have lost by death during the past year six of our valued members: Mrs. William Bunker, Mrs. Andrew G. Hussey, Mr. George G. Fish, a charter member, Rev. Walter Russell Gardner, a charter member, Miss Charlotte M. Gardner, one of Nantucket's brightest women and Miss Helen Barnard Winslow Worth. At the time of her death Miss Worth was a member of the Council. She was always deeply interested in the Association and one of our energetic workers.

So this is the report of the thirteenth year of the Associa­ tion's life.

Thirteen years of good luck with the best luck yet to come.

Respectfully submitted, ELIZABETH C. BENNETT, Secretary.

CURATOR'S REPORT MR. PRESIDENT, MEMBERS AND FRIENDS OF THE NANTUCKET HISTORICAL ASSOCIATION;—

The record of our last summer's work reads much the same as that of the year before. The average number of visitors at the Rooms was almost identical. The attendance continued later in the season than heretofore, making it necessary to keep the Rooms open until the twenty-second day of September.

During the past year, the accessions to our collection have been numerous and of exceptional value.

In manuscripts we have received a large package of correspondence relating to the Nantucket cable; another containing much information about the Sanitary Fair; a chest full of old land titles and plats of land in many different parts of the Island, and some valuable old letters, bills, etc.

Large gifts of newspapers have been donated, three log­ books and five portraits, the most notable of which is a beau­ tiful copy of the portraits of Thomas and Anna Folger Coffin, the parents of Lucretia Mott, presented by her great grand­ daughter, Mrs. May Hallo well Loud.

A copy of the Coat-of-Arms of the Barnard family, one fine picture of a ship, and many small articles of historical value, have been added.

Of great interest is a bamboo cane with whistles in the top, sounding four tones of the musical scale; the history of this is as follows:-During the War of 1812, while the question of Nantucket's neutrality hung in the balance, a vessel was sighted coming to the Bar, evidently with warlike intentions.

Our people went off to the ship and brought the Commander and his officers to the wharf, where they were met by Aaron Mitchell, who invited them to his home and " wined and

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CURATOR'S REPORT

dined " them. After such good cheer, they promised him that Nantucket should be considered neutral ground. When they were leaving, the Commander passed this cane to Mr. Mitchell, requesting him to keep it in remembrance of him.

This was carefully preserved by Aaron Mitchell's own grandson, Henry Sidney Valentine, and came to us at the death of the latter.

We have been favored also to receive the largest and most beautiful specimen of " scrim-shont " work which has ever been given us;—a dressing case inlaid with one thousand and nine hundred small pieces of ivory and ebony. This was made at sea by Capt. James Archer on the Barque "Afton," in 1850, and was donated to us by his children, Mr. Clarence Archer and Mrs. Mary E. Powley.

Descending from the sublime to the ridiculous, we have a quaint and ludicrous specimen of ancient wall paper, from one of our old houses, and a piece of board painted with one of the curious " knots " with which so many Nantucket kitchens were formerly decorated. Although this fashion was almost universal in the early " fifties, " it seems to be a lost art now, and has practically disappeared from our houses, but nothing will so quickly carry many of us back to the days of our childhood, as a sight of this homely sample of old time art.

Our Scrap Book grows but slowly. We have had several contributions for it, one of which is of special historical value.

A familiar story is the legend of the girl who was once carried "around the circle" on one of the mill vanes, but it has often been doubted if this really happened. In Godfrey's history, amongst other traditions about the Old Mill, is told this story, with these words following:—" of course the reader will take these stories for what they are worth," thus implying that none of them were known to be authentic. Now we have a communication from Mrs. Caroline Dusenbury Comstock, stating that she was the heroine of the story,

CURATOR'S REPORT

15

which was perfectly true, and she gives a lucid account of how it happened, and thus settles once for all, the question of the accuracy of this legend.

The active work which we have accomplished during the winter has again been amongst the old Nantucket newspapers.

We have sorted and filed papers covering more than twenty years. The greater part of them were Nantucket Journals, with eight volumes ( four years ) of the Island Review.

Unfortunately there were found to be but few complete volumes, so we have not enough ready to bind this year, but if our members will continue to send us all packages of old newspapers they may come across, we hope in time to fill out the incomplete files.

We have increased our genealogical resources very much.

One of our members, Mrs. V. G. Sharp, has devoted much time and labor to collecting and mounting in a book all the genealogical" Notes and Queries" published in the Boston Evening Transcript during the greater part of the current year. These contain many interesting facts and valuable dates for reference. Through the kindness of another member, Mrs. M. A. Albertson, we are allowed to have a copy made of the Vital Records of the Nantucket Friends This work is now being done, and will be completed in a short time. It will of course cost considerable, but as the records were all removed from the Island when the Friends meetings were discontinued, it seems to be of great importance for us to possess a copy of them, and we think the expense justifiable as the opportunity might not come to us again.

We have prepared for publication the Proceedings of our first three Annual Meetings. We did not begin to publish our Proceedings until our fourth year, but from the Secretary s records and from the reports given at the time in the Inquirer and Mirror, we have compiled an accurate account of the organization of the Association and of the Proceedings at the first three meetings. These are published under one cover,

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CURATOR'S REPORT

uniform with the other Proceedings, and can all be bound together, making the record complete from the first inception of our idea, and are in readiness to be delivered to members today.

We are all agieed that our Society has been vouchsafed most unusual prosperity and success from its start to the present time, and the one and only " fly in the ointment " seems to be the indifference of our townspeople. In planning what we may accomplish during the coming year, it seems to me that one of the most influential avenues of work for the society might be through the teachers and pupils of the public schools. In the High School especially, great interest could be acquired in the history of our Island if the boys and girls could be made to see and feel that, as Macauley says "A people which takes no pride in the noble achievements of their remote ancestors, will never achieve anything worthy to be remembered by their remote descendants. " This is merely a suggestion for the consideration of our members who would like to do something to help the good work along.

Respectfully submitted, SUSAN E. BROCK, Curator

TREASURER'S REPORT The Nantucket Historical Association is again to be congratulated on its financial standing, which is practically the same as at the last Annual Meeting. All bills, including those for publication, have been paid from the year's receipts, leaving the invested fund, with accrued interest, intact.

There is reason to anticipate that similar conditions will prevail in the ensuing year.

CREDITS.

Balance on hand June 15th, 1906 Membership dues, 1907.

Membership dues, 1908 Back dues One Life Membership Amount transferred from "Sinking Fund" account Withdrawn from New Bedford 5 cts. Savings Bank for payment of notes Admission Fees. Historical Rooms Admission Fees. Old Mill Rent of land Sale of Bulletins Sale of Safe

$ 66.97 230.00 115.00 21.00 15.00 204.00 1030.20 350.60 65.90 8.00

1-85 30.00 $2138.52

DEBITS.

Annual Reception bills $ 17.66 2-25 W. B. Marden, plumbing bill Alfred Smith, plumbing bill 39-24 Fredrick Eeles & Co., binding newspapers 28.18 Mercury Publishing Co , printing bulletins 125.39 Inquirer & Mirror, printing & advertising 16.63 Emery & Co., printing 12.50 Waltham Publishing Co., Annual Reports 101.75 Note, James Kite, with interest 516.67

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TREASURER'S REPORT

Note, Henry S. Wyer, with interest A. M. Myrick, flag Pictures & framing Contribution to repairing tomb Insurance on Mill Insurance on Meeting House Bay State League Secretary's Supplies Coal Safe purchased Griffin & Manter, repairs Holmes & Pease, repairs H. G. Gardner, bill for shingling Articles for Collection Treasurer's Supplies N. E. Genealogical Society Essex Antiquarian Society Mirror plates ( M. F. Freeborn) A. J. Swain, iron work Salary of Curator Salary of Treasurer Salary of Secretary Salary of Attendants Salary of Janitor Extra Services of Janitor Balance to new account

516.67 5.00 23.20

1.00 12.50

I3-50 1.00 15.00 3-88 33-oo M-55 3-04 48.61

59-38 26.89 3.00 2.00 2.21 9.70 100.00 75.00 50.00 103.00 60.00

44-45 51.67

Total

$2138.52

SUMMARY ASSETS.

Fireproof BuildingMeeting House Old Mill Collection

$8500.00 1500.00 1000.00

(Insurance)

1000.00

TREASURER'S REPORT

19

Susan W. Folger Fund Deposit Middleboro Savings Bank Bristol Co. Savings Bank, Taunton People's Savings Bank, Worcester Nantucket Inst for Savings New Bedford Inst, for Savings

$1065.22 1070.45 1056.00 1082.42 1082.42 5356-51

Total Assets

$17356.51

Irving Elting I Auditors Lizzie S. Riddell \ AudltorsMEMBERSHIP. Annual Members, June 15, 1907.

Lost by Death, during year.

New Members.

Life Members. June 15th.

Life Members lost by death.

Life Members New Member.

Life Councillors.

259 5

1

12 59 1 3

HENRY S. WYER, Treasurer.

Nantucket, June 15th, 1907.

PRESIDENT'S ADDRESS. FELLOW MEMBERS OF THE NANTUCKET HISTORICAL ASSOCIATION:—

Again the revolving seasons have brought to us the time of the Annual Meeting of our Association, and again we clasp hands, not only in congratulations over the good work already accomplished but in recognition of our purpose to continue our labors, always having in view the higher levels of historical aspiration.

You have heard the reports of the Secretary, Treasurer and Curator read, and noted the gratifying progress which they record. Those who were students in school in the days of the Andrews & Stoddard's Latin Grammar can doubtless recall the story which Suetonius tells of the Emperor Titus, who, as the legend goes, at the close of a twenty-four hours that revealed to him no good accomplished, exclaimed " Diem perdidi "—" I have lost a day We hope in our experience to meet no lost days.

A year ago our Society mourned the loss of a Treasurer who for a decade had given faithful service to the Association.

We may well congratulate ourselves that we have secured in our present Treasurer so admirable a successor.

It has been my pleasure as well as my duty to attend, as your delegate, four interesting conventions.

November 24th, 1906, a meeting of the Bay State His­ torical League of which our Association is a member, was held in the rooms of the Medford Historical Society at Medford. Let me digress here long enough to say that when I see the invaluable collections of so many of our sister associations so inadequately and so dangerously housed I feel that we cannot be too grateful for the generosity that has given us so perfect a home.

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There were 64 delegates, our Association being represented

by Mr. William F. Macy and myself. The topic for consid­ eration was the " Elements of Success in local Historical Societies and was discussed quite at length and with vary­ ing opinions. The Billerica Society advocated publication, the Lynn Society the social feature, Old Bridgewater an occasional grove meeting, Sharon a social half hour, refresh­ ments, outings, issuing pamphlets, the scrap book, Hyde Park emphasized its collection and printing. The delegates from Medford, Weymouth and Swampscott had modifications of kindred ideas. The meeting lasted into the evening, but your delegates were unable to continue to its conclusion.

In December, 1906, from the 26th to the 29th inclusive, the American Historical Association held its 22nd Annual Meeting in Providence, R. I. It was not possible for me to be present during the entire period, and I selected Friday, December 28th, as the day which would give the most of interest to our local Association. Six different organizations, similar in character, were holding simultaneous meetings under the same general direction, in the several halls con­ nected with Brown University: the "American Historical Association", the "American Economic Association," the "American Political Science Association, the "American Sociological Society," the "Bibliographical Society , and the "New England History Teachers' Association.

The topics at the Friday morning session of the Histori­ cal Association, which was held in Manning Hall and at which some fifty or sixty persons were present, were.

I. "Problems relative to the Care and Preservation of Public Archives ", in which the work of the Commission on Public Archives was explained by the Chairman, Prof. Herman V. Ames of the University of Pennsylvania; in the absence of John P. Kennedy, State Librarian of Virginia, a substitute, Mr Clayton Torrence, read a paper telling of conditions in that state; Luther R. Kelker, Custodian of Public Records

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PRESIDENT'S ADERESS

of the State of Pennsylvania, and John C. Parish of the State University of Iowa, recited the progress made in their respective Commonwealths; and Mr. Worthington C. Ford, Chief of the Division of Manuscripts in the Library of Con­ gress, made some general remarks.

II. "The Marking of Historic Sites", in which Prof.

Henry E. Bourne, of the Western Reserve University spoke of "The Marking of Historic Sites in America," Miss Jane M. Welch, of Buffalo, spoke of " The Marking of Historic Sites on the Niagara Frontier ", and Miss Zoe Adams, of Kansas, told of the work already accomplished in " Marking the Santa Fe Trail ". It must be admitted that while the voices of the men were in some cases wofully low and indistinct those of the women were delightfully clear and incisive.

Prof. Ames said in substance that, historically speaking and in a general sense, there either was a dearth of material in the State archives or it was not accessible. Local archives are in even a worse condition. In New York they are scatter­ ed, in private hands, destroyed or housed in insecure build­ ings. In Onandaga County, New York, only three towns had town buildings. This was generally true throughout the country. The Pennsylvania Historical Society finds that much valuable material has been lost. The Society has in its possession many valuable municipal documents that have been accidentally preserved. Philadelphia does not possess any municipal records prior to the Revolutionary War—they are in the possession of the Pennsylvania Historical Society. In Maryland the Society of the Colonial Dames has rendered good service in helping to preserve valuable historical documents. Much of this criticism, he said, did not apply to Massachusetts. Only Massachusetts, Rhode Island and Connecticut have established local historical archives, Mass­ achusetts being the first to direct such local supervision. In closing he urged an increased interest in the preservation of local archives.

PRESIDENT'S ADDRESS

23

Mr. Torrence in his address stated that the county records of Virginia were, generally speaking, in poor condition. He spoke also of the arrangement of the State archives of Virginia and of the work being done towards putting them in order and making them accessible and available to the historical student.

Much of the address of Mr. Kelker was quite inaudible a short distance away. In substance he told how the work at the head of which he stands was started three years before by authority of the Pennsylvania Legislature and how since then quarters were obtained and the early records and papers of interest secured and bound into suitable volumes for consul­ tation by students. Many volumes have been put into shape and the work is going on, with funds provided by the State, and plenty of clerical assistance. There is much more work to be done, he said, and, although many criricisms have been made, the greater part of comment made is commendatory, and the department bids fair to become of much use to students of Pennsylvania history.

Mr. Parrish told of the method of classification of archives used in Iowa, the unprinted material being generally divided into the documents relating to the territorial, the first State constitution and the present State constitution periods, and each of these divisions subdivided and chronologically arranged.

Mr. Ford spoke most emphatically against exposing man­ uscripts to the sunlight and instanced the present conditition of the Declaration of Independence. He used an ingeniously contrived series of glass discs to measure, from time to time, the extent to which documents were fading. He would be glad to correspond on this very serious matter.

Professor Bourne spoke of the distinct educational gain to pupils to mark the sites of important historic events. He said that whatever stimulates public interest deserves a marker.

He described briefly the various agencies which have erected tablets or monuments on historic sites in different parts of the

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PRESIDENT'S ADDRESS

country.

He alluded to the fact that this work had been carried to greater completeness in the towns of eastern Mass­ achusetts than elsewhere, instancing particularly Concord.

He called attention especially to the success of the Rhode Island Historical Society in obtaining, from the Legislature, provision for the marking of historic sites in Rhode Island.

He expressed the hope that one of the Committees of the Association would undertake a comprehensive report upon the whole matter, so that each organization engaged in this work may profit by the experience of others.

Mrs. Jane Mead Welch, of Buffalo, spoke on the work of the Niagara Frontiers Landmarks Association. She said that the Association had erected eight tablets in Buffalo, marking the following sites: The ship yard where was built the "Grif­ fon," the first ship to sail on the Great Lakes; the site of the "St. Johns House," the only house remaining when the town was burned in the French and Indian attack of 1813; the "Battle of Black Rock;" the "Devil's Hole Massacre;" the site of the first school house in Buffalo on Swan street in that city; the site of the first battery at Lewiston, placed by Lieut.

Col. Winfield Scott; the site of Fort Tompkins at Black Rock, and the library building in Buffalo, which is on the site of the old court house. This work would go on, she said, as fast as funds could be secured.

A paper on "The Marking of the Santa Fe Trail" was to have been read by George W. Martin of the Kansas Histor­ ical Society, but as he was unable to be present the story of the marking of that historic trail was told by Miss Zoe Adams of Kansas. She told how the work of placing granite markers in each county through which the trail ran was being done as fast as the weather would allow for outdoor exercise.

Dr. J. Franklin Jameson, of the Department of Historical Research, of Washington, D. C., spoke of the earnest desire of his Department to be of assistance to local Historical

PRESIDENT'S ADDRESS

25

societies. He desired to bring about cooperation among them, and have his Department act as a historical clearing­ house. He expressed a desire to know what documents be­ longing to his Department are of most interest to local socie­ ties, and stated that a guide to the archives in Washington was in the press and would be published in the Spring.

On April 19th of the present year the Bay State Histori­ cal League, met in Hyde Park by invitation of the Hyde Park Historical Society. The meeting was held in the rooms of the Society which are located in the Public Library building and about 100 delegates were present. The special subject for consideration was "The Opportunities for, and the Scope of the Work of local Historical Societies," and, as bear­ ing on the subject, papers were read by Mrs. Elizabeth Osborne of Peabody, Mrs. W. E. Lummus of Lynn, George Francis Dow of Topsfield, and Mrs. Anna Coleman Moody of Newbury.

The delegates were welcomed by the President of the Hyde Park Society who used a gavel made from wood which came from the gunboat Kearsage in calling them to order.

President Eddy of the League then greeted those present.

Since the meeting in Medford applications for membership had been received from societies in Brookline, Canton, Old Newbury, Newburyport, Dorchester, Worcester, Foxboro, Bedford and Roxbury. These applications had all been ap­ proved by the Council, and the associations were elected to membership. Referring to the topic for discussion President Eddy said that in his own Society he had tried to broaden the work to take in those not particularly interested perhaps in genealogy and kindred subjects. One subject taken up was the history of the local churches.

Mrs. Osborne, in her treatment of the topic for the day, said that in Peabody they had tried to win the confidence of all classes. They sought counsel of the business men.

They arranged subjects for children study such as the evolu-

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PRESIDENT'S ADDRESS

tion of the boundaries of their own municipalities, following with map in hand the various changes They had invited the children on the 19th of April to assemble and learn of the part the men of Peabody took on the 19th of April 1775• They had advocated photographing scenes along the road to Lexington and Concord. The town had been petitioned to publish the old records of Danvers of which Peabody was once a part. They also had sought to have copied the re­ cords in old family bibles. Those were some of the methods used to promote a general interest.

President Eddy spoke of making for the Jamestown Ex­ position a series of photographs of scenes along the line of Gen. Arnold's march, and suggested library exchanges on Paul Revere's ride photographs. This matter of photography he said, cannot be enlarged upon too much, localities change so greatly from time to time.

Mrs. Lummus's special topic was descriptive of the es­ tablishment of a Reading Room for the Blind in connection with the Public Library in Lynn. It was opened in June 1903 and now contains 185 volumes.

George Francis Dow, Secretary of the Topsfield Histori cal Society, described briefly the seven volumes of Historical Collections his Society had published. Since 1897 the So­ ciety has published a volume annually. Those who have re­ moved from the town will join the society but they need something to hold them. The Topsfield Society has a mem­ bership of 275, of whom 100 are residents. They sent circu­ lars soliciting members to those who wrote to the Town Clerk and on the backs of the circulars is a list of contents of their publications.

Mrs. Moody told of the origin in 1876 of the Old New­ bury Historical Society, incorporated in 1896.

Mr. Tuttle s related to the origin of the Dedham Histori­ cal Society in 1859; incorporated in 1862. In January 1890

PRESIDENT'S ADDRESS

27

the Society began the publication of a quarterly magazine.

This was continued for 14 years, and was then suspended be­ cause the editor was unable to give further service. The price was $1.00 per year, the year's volume containing 500 or more pages. They were trying to interest the graduating class of the High School in local history by offering prizes for the best and second best essays on locally historical sub­ jects.

I was unable to remain to supper or to join in the cele­ bration of the 20th anniversary of the Hyde Park Associa­ tion .

The third convention was the Annual Meeting and Field Day of the Bay State League held last Saturday afternoon in Marblehead. The meeting was held in the rooms of the Marblehead Historical Society located in a building once used as a kitchen and servants' quarters to the Jeremiah Lee mansion of Colonial days, and in which the)' have a valu­ able collection of antiquities. Twelve associations of the 37 now members of the League were represented. The excellent corps of officers of 1906 was re-elected. The recognition the League is receiving is shown by the fact that the Secretary has been asked to read a paper before the Convention of State Historical societies at Madison, Wis. at the coming meeting of the American Historical Society.

After the meeting the delegates visited Marblehead's his­ torical localities under the guidance of Mr. Frank Broughton, of the Y. M. C. A., of Marblehead.

At our Annual Meeting in 1906, the suggestion was made that the town be petitioned for an appropriation to have the Vital Records copied in proper form for publication. This was done, the Town responded nobly and the work is well under way.

The past year has not been unmarked by the passing away of valued members, and again we are called upon to pay our

28

PRESIDENT'S ADDRESS

final tribute to the memory of departed friends. The necrol­ ogy of the past year enumerates George Gardner bish, whose skill won him more than local fame as an artist; Mrs. Fanny Hussey, a native of the young and vigorous West, and loved for her quiet, domestic life; Rev. Walter Russell Gardner, whose life was spent in the Master's service; Miss Charlotte Mooers Gardner, whom so many of my own generation looked up to and esteemed as a teacher of youth; and Miss Helen Barnard Winslow Worth, one of our valued Councillors, one who from the outset was a devoted friend to and worker in this organization, who, as early as 1896 was elected a Coun­ cillor and who at that time served the constitutional period.

At the Annual Meeting of the Sons and Daughters of Nantucket in Boston last November, President Carey called attention to the fact that in 1909 comes the 250th anniversary of the settlement of our Island by the whites, and he suggested the commemoration of the event in some form. It will be an occasion of far more than passing importance in our history, and I would suggest that the Historical Association take some measures looking to a proper observance of the event. By starting in good season it would seem as though some plan could be evolved for commemorating this anniversary that will be entirely satisfactory without material expense.

There is one direction in which, it seems to me, we can profitably put more work.

I refer to collecting copies of all engravings, drawings, post cards, photographs and pictures of any description relating to our Island or Town or any part of either of them. It is remarkable how many changes in any locality a few years bring about. In 1879 a book was published giving a historical description of the city of which I am a resi­ dent. It was illustrated by 50 photographs of local places and things. Of these only 10 would be recognized by a visitor of to-day. In 28 years the objects either have been destroyed or their surroundings have made the localities unrecognizable to a sti anger. Think of the changes in Nantucket during the

PRESIDENT'S ADDRESS

29

last 50 years. A series of photographs showing our Town as it was prior to July 1846 would be invaluable. Who can fore­ cast the events of the coming 50 years, or put an estimate on the value the pictures of to-day may have then ?

In conclusion permit me again to refer to the matter of an increased membership. Iam especialy desirous to see a large but healthy gain. Let us set our goal at 1000. In 1895 our Secretary reported a membership of 289. Our member­ ship list to-day contains but 321 names, a gain of but 32 in over a decade. We can do better than that. Let's see it doubled in 1908. It can be.

ALEXANDER STARBUCK, President.

THE COURTS OF NANTUCKET—THE LAW AND THE LAWYERS FROM AN EARLY PERIOD (BY ALLEN COFFIN)

My recollections of the courts in Nantucket date back to an early period of my life, as I was born near the old court­ house which stood upon the site now occupied by the residence of Mrs. Sarah C. Whittemore, near the Soldiers' monu­ ment, now called Monument Square. A tall flagstaff known as the Liberty Pole and a wooden oil-lamppost stood upon the triangular space now enclosed by the monument fence. My grandfather, James Bunker, holding the office of Town Clerk and Constable, was the custodian of the Court-house edifice, which also served as a Town Hall, and the upper floor as a school-room where I attended school.

The largest bell upon the Island hung in the Court-house belfrey, but, in my time it was used only as a fire-alarm bell, its tone being louder and very unlike the church bells. On the Court-house front was nailed the sign of "Main Street," beneath which designation was faintly preserved the words "State Street," indicating that the name of the street had been changed at some period more remote. Long before the erection of this Court-house and the raising of the Liberty Pole this section of the town was known as the "Old White Bone" because the jaw bone of a whale stood at the corner of Main and Gardner streets. A portion of the old furniture and old court-house equipments are still in use at the present Court­ house on Orange street.

An older structure, erected for a Court-house and Town Hall, in my boyhood days was known as the old town-house, having been removed to a site on the Polpis road and known as the 1hompson farm house. It still stands, retaining its original exterior, although now utilized as a barn.

THE COURTS OF NANTUCKET

31

During the sittings of the courts the floor was covered with coarse mats which reduced to a minimum the foot-falls of attorneys, jurors and sheriffs and all others "having any­ thing to do with the Honorable the Supreme Court" and the Court of Common Pleas, for Nantucket then, with its vast maritime interests had been awarded a Supreme Court, and causes involving matters of admiralty and the complex busi­ ness relations incident to the whaling industry and the manu­ facture and sale of oil and candles and the varied other indus­ tries connected therewith constituted the principal business for our courts, and brought to our Island many of the most eminent proctors and attorneys of the Commonwealth—Daniel Webster in the resplendency of his legal fame once appearing and for the fee that induced him to come to the Island Court he agreed to argue the whole docket upon either side that his Quaker client chose to designate. He not only won the cause for which he was primarily secured, but all the other causes which he advocated, and the client who secured the services of the eminent proctor—whose name was Gardner—farmed out the services of his attorney to other litigants for enough to cover the expense of his own suit. I do not undertake to vouch for the truth of this story in detail, although I have been credibly informed that Webster often told the story of his coming to Nantucket and arguing the whole docket for one fee, while his Quaker client received the profits. But it might be as difficult to establish its negative as it would that of the famous first tea party, written by, no one knows whom, yet floated upon the sea of literature by Rev. Robert Collier under the title of a "Nantucket Idyl;" or to refute the story of the flight of the first Thomas Macy to the Island, so poetically described by Whittier in "The Exiles;" or that other story ex­ tensively circulated, that the first settlers were all illiterate except Peter Folger.

The earliest causes of litigation which I recall were known as the "sheep cases" which fomented discord and engendered

32

THE COURTS OF NANTUCKET

antagonisms between neighbors and friends and sundered families that had previously lived in harmony and peace, so that the common of pasture upon which basis our Island was first peopled has become only a memory and the delightful annual festivity of "sheep shearing" with its unique pastoral scenes mellowed by the plaintive lambkin bleats throughout the vast arena of the'shearing pens can never be recalled.

Some of the largest owners of the commons owned no sheep while others owned more sheep than commons, and, at the time of this memorable controversy, it was found that the man owning the largest flock of sheep on the Island owned not a single common. The system of stock-raising which had contributed to the earliest prosperity of the Island, had out­ lived its adaptability to the conditions of the people, and the wool market is no longer quoted at our afternoon teas.

On the 20th of June, 1795, the Nantucket Bank was robbed. It was the third bank chartered in Massachusetts, two others having previously been chartered at Boston. The case got into the courts as a number of Nantucket citizens were accused of the robbery and as being accessories before the fact. The capital stock was $40,000 to be paid in three different instalments. One instalment only had been paid in, but there had been large deposits made, and about $8,000 more than all the stock paid in was lost. The indictment recited the kind of money stolen as follows: 400 pieces of French coined gold $1,733 150 Spanish pistoles 530 300 English guineas .

I)4"00 50 English half guineas n6 20 pieces of coined gold called half Joannes 176 18 pieces of coined gold called quarter Joannes 72 In dollars 4430 French crowns

...

4 >047 12,007 4,873 $20,927

THE COURTS OF NANTUCKET

33

This legal controversy lasted many years and produced a most bitter hatred between parties interested. The papers in the case are not recorded here. They may have been taken to Boston and never returned for record. Randall Rice, one of the five persons indicted by the grand jury, was the only one found guilty and his sentence was delayed until the Gov­ ernor pardoned him. A pamphlet narrative of the robbery of the Nantucket bank, by William Coffin and Albert Gardner, published in 1816, states emphatically that no Nantucket man was concerned in the robbery, and that the real robbers of the bank were James Witherly, John Clark and Seth Johnson, which they presented evidence in support of. The case has been immortalized by Nantucket bards.

Of the resident lawyers who maintained offices at Nan­ tucket I recall Charles K. Whitman, who was a justice of the peace and of the quorum and held a justice's court. Josiah Hussey of like attainments. Charles Bunker, who was after­ wards United States consul at Lahaina, Hawaii; and James M. Bunker, who subsequently became the judge of probate for Nantucket county. My old school teacher, Edward M. Gard­ ner, and Alfred Macy were subsequently admitted to the bar.

The former was judge of probate at the time of his death and the latter filled a place in the Governor's council.

In the retirement of his ample house and lands on the Cliff road lived Esquire Benjamin Gardner, who had been the clerk of the courts at Nantucket for a number of years. A witness who was to testify in a case stated to the court that he had conscientious scruples about taking an oath and asked to be allowed to affirm under the pains and penalties of perjury, as all Quakers were permitted to do when testifying in court.

It was shown to the court, however, that the witness had never before exhibited any scruples about taking an oath, but, on the contrary, was frequently addicted to swearing when there was no occasion for it. The judge directed the clerk to ad­ minister the usual oath to the witness, and the clerk,having con-

34

THE COURTS OF

NANTUCKET

scientious scruples about compelling a man to swear against his will, said he would rather relinquish his office than do so. The judge removed the clerk and appointed George Cobb, who administered the oath, and the witness gave his testimony.

As a boy I was sent to the residence of Esquire Benja­ min Gardner of an errand. He was in his garden and the lady of the house suggested my meeting him. I found the old gentleman and made known to him my errand and he said he would have to go to the house to get the money. On our way to the house, being lame, he walked slowly and inquired my name and then the name of my father. On learning my fath­ er's name he seemed pleased and told me that he had known my father and mother many years before and had officiated as the magistrate at their marriage. He was a genial, courtly gentleman, and in addition to his legal labors was the popular magistrate of his time for officiating at marriage ceremonies, where gentlemen of the cloth were not desired, or one of the contracting parties was not within the Friends meeting fold which precluded the Quaker service.

Geo. Cobb when notified that he had been appointed clerk of the Court of Common Pleas was at work in a cooper's shop. He washed his hands, rolled down his shirt sleeves, put on his coat and went to the court-house, was sworn in, and commenced his career as clerk of the courts, a position which he held with honor and efficiency for many years almost to the close of his octogenarian career, besides filling other places of trust conferred upon him by his fellow citizens.

There have been many offices of legal and semi-judicial functions in Nantucket that have been filled by non-profess­ ional men who have been able to grasp their stations and per­ form their duties with painstaking accuracy and satisfaction.

Our present judge of probate, now, perhaps, the oldest in ser­ vice of any of the probate judges, commenced his career upon a whaleship and rose to the command of a ship before enter­ ing the domain of the probate jurisprudence. And the regis-

THE COURTS OF NANTUCKET

35

ter of probate now in service, as well as most of his pre­ decessors commenced their official service without having pre­ viously been "learned in the law;" as also the present clerk of the Superior Court, like many of his predecessors, commen­ ced duty without previous legal education. And, in looking back through the history of our local courts and justices and officials, I find many names of persons who had enjoyed no special training for the official duties which they performed with conscientious grace, dignity, and fidelity.

At this point I may name a few of the Nantucket people who have acquired a legal education and have become more or less distinguished in their practice in the courts of the United States.

Walter Folger, who became a member of Congress from this district, and distinguished as an astronomer, a mechanist and a mathematician, became learned in the law and was made a Judge of the Massachusetts Court of Common Pleas, and resigned his judgeship because its duties were not consistent with his higher ideals of citizenship.

Jacob Barker, remarkable as a financier of national renown, who established the first steamboat line between Nantucket and the Continent, qualified himself as an attorney at law in New York for the purpose of pleading his own cause in the court, not having confidence in any of the lawyers then prac­ ticing at the New York bar, (his cause being an important one) and won his suit to the dismay of his opposing counsel, thus reversing the legal maxim "that the lawyer who manages his own suit has a fool for a client."

Charles J. Folger, Chief Justice of the Supreme Court of Appeals of New York, and Secretary of the U. S. Treasury, was another favored son of Nantucket, learned in the law.

Timothy G. Coffin, the nestor of the legal fraternity of the Bristol County bar for many years, is remembered as a proctor of magnificent attainments. Many stories are told

36

THE COURTS OF NANTUCKET

of this eminent attorney the recapitulation of which might afford an hour's entertainment. He bequeathed his library to the Coffin School and the Town of Nantucket.

Among the names of other Nantucketers who have prac­ ticed law and filled judicial offices at different times and at different places I recall Isaac Whitman, Charles K Whitman, Josiah Hussey, Charles Bunker, James Morse, George F. Worth, James M. Bunker, Stephen Hussey and his grandson Thomas Howes, Charles A. Glover, William PI. Swift, Henry P. Starbuck, John C. Fremont Gardner, Cromwell G. Macy, Henry B. Worth. Doubtless many other names could be sug­ gested by this assemblage which do not occur to me now.

In the primeval government at Nantucket gentlemen were doubtless called to perform legal and municipal functions with­ out a previous educational or legal preparation therefor. Tris­ tram Coffin was appointed the first Chief Magistrate of the Island by Gov.. Lovelace of New York, and Thomas Mayhew Chief Magistrate of Martha's Vineyard, in 1671, and the two Chief Magistrates constituted a General Court for the two islands, with appellate jurisdiction over both islands. The re­ cords of the General Court were kept at Edgartown and sev­ eral matters concerning Nantucket are found only with the archives at Edgartown. The several Chief Magistrates of Nantucket appear, from the records, to have exercised judicial functions and to have held courts and rendered decisions upon various matters where 20 pounds in value or less were in issue, and of criminal matters where life and limb or banishment was not involved, and might punish offenders so far as "whipping, stocks and pilloring or other public shame,"might suffice.

And pai ties not satisfied with the Magistrate's decision might appeal to the General Court next sitting, whether it be at Nantucket or Edgartown. But the matters beyond the juris­ diction of the island courts were heard and determined by the Court of Assize at New York. Tristram Coffin, Thomas Macy, John Gaidner and Richard Gardner, each in turn, exer-

THE COURTS OF

NANTUCKET

37

cised judicial as well as administrative functions over the island.

The General Court consisting of the Chief Magistrates of Nantucket and Martha's Vineyard, and the four Assistants —two being chosen from each island, not only possessed appellate jurisdiction over inferior court decisions of the two islands, but it was empowered with and exercised legislative rights to enact laws for the better government of the jurisdic­ tion, not repugnant to the laws of England. This Geneial Court at its first sitting enacted the first prohibitory liquor law anywhere recorded, and it may be found among the court archives at Edgartown. It prohibited the sale of intoxicating drinks to Indians, the evil of rum drinking having become a serious matter among them at this early period of the island's history. Our ancestors, for the love of gain, engaged in the traffic of intoxicating beverages before the enactment of this prohibitive liquor law; and, after its enactment, violated its provisions. Yet the law, then as now, was occasionally en­ forced, and the illicit article confiscated. Under date of March 15, 1676, John Gardner, whose original gravestone may be seen in the oldest house (now so sacredly conserved

by Mrs. Anna Starbuck Jenks,) complained to Gov. Lovelace of New York, that a half barrel of rum had been taken from him by Thomas Macy, then Chief Magistrate of Nantucket.

Mr. Gardner also represented that the Indians were not pleased with the enforcement of the laws which discriminated against them and that they would fight to maintain theii rights.

Thomas Macy, two months later, under date of May 9, 1676, wrote Gov. Lovelace concerning his apprehen­ sions of the Indians if strong drink was permitted to be sold them. He asks the Governor to make an order prohibit­ ing any vessel that shall come into the harbor from selling strong drink to Indians, stating that he believed an order from the Governor at New York would have more force than laws enacted by the local Magistrates. Mr. Macy concludes his representation of the situation to the Governor in this

38

THE COURTS OF

NANTUCKET

strong language: "Concerning the peace we have heretofore enjoyed I cannot imagine it could have been if strong liquor had been sold among the Indians as formerlly.

For my own part I have been to the utmost opposed to the trade these 38 years; and I verily believe it has been the only ground for the present ruin to both nations. It has kept the Indians from civility, and they have been drunken and kept all the while like wild bears and wolves in the wilderness."

Peter Folger was Clerk of the Court until removed by Thomas Macy, who appointed his own son-in-law, Wm. Worth to be Clerk. Folger was imprisoned for contempt of court.

The issues involved went to the Court of Assizes at New York. Macy's term as Chief Magistrate expired, and the little community was in turmoil, the people taking sides upon the legal problems of that period. Tristram Coffin was again called to the Chief Magistracy, and he took the oath of office before his son, Peter Coffin, who was acting as an Assistant Magistrate, during the term of Thomas Macy. Tristram Coffin affixed his signature to this oath of office upon the offi cial record book, and it is the only autograph of this first Chief Magistrate that I have observed in all the records of the island.

Peter Coffin, the oldest son of Tristram, born at Brixton, County of Devon, England, in 1631, must have acquired a knowledge of the law somewhere. He was reputed to be the richest of the first purchasers of the island. After his perma­ nent removal to New Hamshire and serving some time as an Associate Justice of that colony, he was made Chief Justice of the Supreme Court. He died at Exeter, March 21, 1715, although most of his judicial life was passed at Dover. The Reverend Joshua Moody, an independent preacher at Ports­ mouth, N. H., had been convicted under the Uniformity Act of 1684, and imprisioned thirteen weeks and then dismissed with the admonition to preach no more under penalty. Peter Coffin was one of the judges who imposed the sentence. For

THE COURTS

OF

NANTUCKET

39

a time afterward Moody preached in Boston, and then came back to Portsmouth. The Massachusetts Historical Soc­ iety s Collection vol. x, p. 44,(18o9)gives Pastor Moody's ver­ sion of this affair.

"The judge of the court was [captain of the fort] Walter Barefoot, the justices Mr. Fryer, Peter Coffin, Thomas Edgerly, Henry Green and Henry Robey. Overnight, four of the six dissented from his imprisonment: but, before next morning, Peter Coffin, hectored by Canfield, drew off Robey and Green. Only Mr. Fryer and Edgerly refused to consent, but by the major part he was committed. Not long after, Green repented and made his acknowledgment to the pastor, who frankly forgave him. Robey was excommunicated out of Hampton church for a common drunkard, and died excom municate, and was by his friends thrown into a hole, near his house, for fear of an arrest of his carcase. Barefoot fell into a languishing distemper, whereof he died. Coffin was taken by the Indians and his house and mills burnt, himself not slain but dismissed. The Lord give him repentance, though no sign of it has appeared. Psalm ix, 16."

James Coffin, the third son of Tristram, who was also born at Brixton, England, in 1640, two years before the family re­ moved to New England, was the first Judge of Probate for Sherburne in Nantucket. The following list of his successors and of the Registers of Probate since the year 1706, I am indebted to Henry Riddell, Esq., the present register, for: JUDGES OF THE PROBATE COURT OF NANTUCKET AND THEIR TERMS SINCE THE YEAR 1706.

1706.

1713.

1728.

1744.

1747.

1767.

James Coffin, 12 years.

Richard Gardner, 10 years.

George Bunker, 16 years.

George Gardner, 3 years.

Jeremiah Gardner, 20 years.

Grafton Gardner, 22 years,

4°

THE COURTS OF NANTUCKET

1789. Jethro Hussey, 19 years.

1808. Isaac Coffin, 34 years.

1842. Samuel Mitchell, 16 years.

1858. Edward M. Gardner, 14 years, (died Feb. 25th, 1872) 1872. James M. Bunker, 1 year, (died Nov. 19th, 1873) 1873. Thaddeus C. Defriez.

REGISTERS OF PROBATE SINCE 1706.

1706.

1707.

Peter Folger, 1 year.

Eleazer Folger, 47 years, the longest term of any offi­ cial.

1754. Frederick Folger, 36 years.

1790. Abner Coffin, 12 years.

1802. Josiah Barker, Jr., 2 years.

1804. Josiah Hussey, 21 years.

1812, 1813 and 1818 John Foster Coffin served as Register pro tern, at different times.

1825. Timothy Hussey, 11 years.

During the term of Timothy Hussey, Josiah Hussey and George Cobb served as Register pro tern, at different times.

1836. George Cobb, 16 years.

1852. William Bunker, 1 year.

1853. George Cobb, 6 years.

1859. William Barney, 9 years.

1868. Thaddeus C. Defriez, 1 year.

1869. Samuel Swain, 20 years.

1889. Benjamin F. Brown, 3 years, (died in 1892) 1892. Henry Riddell, present incumbent.

The earliest court records in the office of the Clerk of the Courts for Nantucket County bear the date of 1721. T is an interesting record of the causes of litigation at that period.

The first entry is of a bond filed; Benjamin Quithel, of Dighton, as principal, and Ebenezer Pitts, of the same town, as surety, in the sum of sixty pounds for the appearance of the said Quithel to answer to His Majesty's Court for charges against him. Ouithel did not appear, and after being called three times, was defaulted.

THE COURTS OF NANTUCKET

41

At the same session of the Court, "Will Sasapana, an Indian, complains against Eben Cain, an Indian, that he lost his coat and twenty-five shillings in money and two silk neck­ cloths, being taken from him when asleep, and his coat found on the said Eben Cain.

"Eben Cain, being examined, says he got the coat at Ezeky's house; and, after a full hearing, it appearing to the Court that Titus, the son of Ezeky, was with Cain, ordered that Titus be sent for and the Court then adjourned till tomor­ row at three o'clock in the afternoon, at which time both Titus and Eben Cain, being severally examined, they endeav­ ored to lay the taking of the coat upon each other; and in the end were both found equally guilty. Ordered that Titus and Eben Cain shall each of them pay to Will Sasapana four pounds ten shillings, being their part of trebble damages—the coat returned, valued at three pounds, to be a part—and shall pay each a fine of twenty shillings to the King, or be whipped not exceeding ten stripes; and Titus shall pay four shillings and sixpence costs of prosecution and stand committed till sentence be performed."

Tooth Harry and Jo. Bones, Indians, were complained of

by Thomas Bunker for stealing 8 gallons of rum and for breaking windows in Bunker's house. They were tried and convicted and this is the judgement of the Court, viz: "The sentence of the Court that Tooth Harry and Jo. Booes shall be branded in the forehead with the letter B, and shall pay to Thomas Bunker £y—js—6(\, and for other Court charges x 6s—6d: in the whole ^8—4s—6d. Ihey were both branded with the letter B, according to the sentence."

The earliest books of the Proprietors contain records of the court proceedings anterior to the entries found in the court record-books. Some of the court proceedings are inter­ esting but not elevating in their moral tone. The aborigines were frequently before the courts charged with petty crimes

42

THE COURTS OF

NANTUCKET

and misdemeanors as between themselves, and also between themselves and the whites. And again the white settlers dur­ ing the earlier occupation of the island were not always in harmony and accord. They were not exempt from legal fric­ tion, and many legal complications arose not especially con­ sistent with the better angels of their nature. Court records furnish a better index of the true character of a people than the Parish records. For it may be remembered that the white population in Nantucket increased to rising seven hundred souls before any religious society was gathered among them, a like parallel among English speaking colonists can nowhere else be found. But, compared with the difficulties which af­ flicted many New England communities-the oppressive spirit of puritanic laws, the intolerance of religious opinions, the prohibitions concerning female attire, and the Indian warfares, Nantucket was indeed blessed with "plenty's golden smile" and a "refuge of the free."

Publications of The Nantucket Historical Association

Quakerism on Nantucket since 1800, by Henry Barnard Worth,

Vol. 1, No. 1, 1896-

Timothy White Papers, by Rev. Myron Samuel Dudley.

Vol. 1, No. 2, 1901.

Nantucket Lands and Land Owners, by Henry Barnard Worth Vol. 2, No. 1.

The Settlers and their Homes.

Vol. 2, No. 2.

The Nantucket Indians,

Vol. 2, No. 3.

Sheep Commons and Proprietary,

Vol. 2, No. 4.

A Century of Free Masonry on Nantucket, by Alexander Starbuck, Vol. 3, No. i.

PRICE 25 CENTS EACH

Ancient Buildings of Nantucket,

Vol. 2, No. 5.

PRICE 35 CENTS

Proceedings of the First, Second and Third Annual Meetings 1895—6—7.

Proceedings of Annual Meetings;—Fourth, 1898. Sixth, 1900.

Seventh, 1901. Eighth, 1902. Ninth, 1903. Tenth, 1904.

Eleventh, 1905. Twelfth, 1906. Thirteenth, 1907.

PRICE 10 CENTS EACH Souvenir Postal Cards of interior and exterior views of the Association's Rooms, 3 cents each, 2 for 5 cents.

Above will be fowarded, postpaid, upon application to Miss Susan E. Brock Curator Nantucket, Mass.