The revulsion was not long in coming. Before Hutchinson had time to

restore the repentant legislature to the town house in Boston, the

hearts of the members became hardened against him. When it became known

that the decision of the king had been made for the support of the

Massachusetts town officials from the revenue of the Colony by warrants

drawn on the Commission of Custom, the wrath of the people became heavy,

and the voice of Samuel Adams led the discontented. The Governor was

paid L1500 sterling, instead of L1000, annually, which he was paid when

dependent on the people. Hutchinson now plainly announced that he should

now receive his salary from the King. The House protested in its usual

temper, the set of the opposition being so powerful that several of the

Loyalists withdrew disheartened. But in the midst of the fault-finding

"Sons of Liberty", he received a mark of confidence from the General

Court at which he was greatly pleased, as he had a right to be. We have

already seen him as the principal figure in settling the boundary lines

on the sides of New Hampshire, Rhode Island and Connecticut. The

boundary line on the side of New York, not settled in 1767, and still in

dispute, were equally in need of adjustment, and although his principles

were popularly denounced, and the scheme was already in progress which

was to drive him from his native land and deprive him of all his

possessions in it, yet none but he could be trusted to undertake the

delicate negotiations upon which the welfare of the Province

depended.[126]

[126] The details are in Mass. Archives marked Colonial. Vol. IV. pp.

335-344.

The journal of the proceedings in the handwriting of the Governor, is

still extant. With William Brattle, Joseph Hawley, and John Hancock,

Hutchinson journeyed to Hartford, where on May 18, 1773, they discussed

the matter with Governor Tyron, John Watts, William Smith, R. R.

Livingston, and William Nicoll, Commissioners from New York. The New

York men, although more compliant than the negotiators of seven years

ago, were still disposed to exact hard concessions, to which all the

commissioners but Hutchinson were about prepared to agree. Hutchinson,

however, while diplomatic, was unyielding, insisting upon what had been

substantially the demand of 1767. At last it was conceded, establishing

for all time as a part of the Bay State the beautiful county of

Berkshire. This alone should entitle him to a monument by the State of

Massachusetts. He alone, it is said, prevented the giving up by

Massachusetts of her claim to western lands; these were retained and

afterwards sold for a large sum.[127]

[127] N. E. His. and Gen Reg., Vol. I., p. 310.

It was a great victory for the Governor, the Massachusetts Commissioners

had been left free to do what seemed to them best, but they cordially

acknowledged that success belonged to him.

On the return to Boston, the legislature was in session and the assembly

authorized him to transmit the settlement to Lord Dartmouth, Secretary

of State, at once, without formally laying it before them. They trusted

him entirely. Hutchinson with some pride declared that "no previous

instance of a like confidence of our Assembly in a Governor can be found

in Massachusetts history."[128] This transient favor, and trust,

aggravated for him the force of the blow he was so soon to receive. How

bitter the home coming of Hutchinson was, the following extract from a

letter to Sir Francis Bernard, the late Governor will show:

[128] Hutchinson His. Vol. III., p. 391, 392.

June 29, 1773. "After every other attempt to distress me they have at

last engaged in a conspiracy which has been managed with infinite art,

and succeeded beyond their own expectation. They have buzzed about for

three or four months a story of something that would amaze everybody as

soon as the elections were over, it was said in the House something

would appear in eight and forty hours, which, if improved aright, the

Province might be as happy, as it was fourteen or fifteen years ago.

These things were spread through all the towns of the Province, and

everybody's expectations were raised. At length upon motion the gallery

was ordered to be cleared and the doors shut. Mr. Samuel Adams informed

the House that seventeen original letters had been put in his hands,

written to a gentleman in England by several persons from New England,

with an intention to subvert the constitution. They were delivered to

him on condition that they should be returned, not printed, and no

copies taken. If the House would receive them on these terms, he would

read them. They broke through the pretended agreement, printed the

resolves, and then the letters, which effrontery was never known before.

The letters are mere narratives which you well know to be true, as

respects remarks upon the Colonies, and such proposals as naturally

follow from the principles which I have openly avowed; but by every

malversation, which the talents of the party in each House, could

produce they have raised the prejudices of the people against me, and it

is generally supposed all the writers were concerned in one plan, though

I suppose no one of them ever saw or knew the contents of the letters of

any others unless by accident."

After three weeks spent, the House resolved to address the King, to

remove the Governor and Lieutenant Governor.[129] The name of the person

to whom the letters were written was erased from all of them, but they

appear to be all Mr. Thomas Whatley's six from the Governor, four from

the Lieutenant-Governor, one from Rogers, and one from Auchmuty and the

remainder from Rhode Island and Connecticut.

[129] M. A. His. Vol. XXVII., p. 502, etc.

The affair of the Hutchinson Letter created great excitement both in

America and England, an affair in which the best men of Massachusetts

Bay were concerned, including Franklin, then the agent of his native

Province, although a citizen then of Pennsylvania; a shade has rested

therefrom upon the character of Franklin, which cannot yet be said to

have been explained away. Is it creditable that those wary, able men,

Franklin, Samuel Adams, Bowdoin, John Adams, Samuel Cooper, and others,

really thought the very quiet statements contained "in the letters in

which there was no sentiment which the Governor had not openly expressed

in his addresses to the Legislature, was a danger and menace to the

welfare of the colony?"[130] The only explanation is that they had

persuaded themselves that Hutchinson was so dangerous that if conduct

thoroughly above board would not answer, he must be cast out by

questionable means. Mr. Winthrop justifies their conduct by believing

that it may be classed among what Burke calls "irregular things done in

the confusion of mighty troubles, not to be justified on

principle."[130] When the printed copies of the letter arrived in

England they excited great astonishment. Thomas Whatley was dead.

William Whatley, his brother, and executor was filled with a very

natural consternation, at a theft which was likely to have such

important consequences, and for which public opinion was inclined to

make him responsible. He in turn suspected a certain Mr. Temple, who had

been allowed to look through the papers of his deceased brother, for the

purpose of perusing one relating to the colonies, and a duel ensued in

which Whatley was severely wounded. Mr. Temple continued to be

suspected. A letter of Jan. 4, 1774, says: "Although when they first

came abroad his own brother said: Whoever sent them was a d----d

villian."[131]

[130] New Eng. Hist. and Gen. Reg. I., p. 307.

[131] Hosmer's Life of Hutchinson, p. 274

Franklin then for the first time, in a letter to a newspaper, disclosed

the part he had taken. He stated that "he, and he alone, had obtained

and transmitted to Boston the letters in question, that they had never

passed into the hands of William Whatley, and that, therefore, it was

impossible, either that Whatley could have communicated them, or that

Temple could have taken them, from his papers." There is some reason to

believe that the original owner had left them carelessly in a public

office, whence they had been stolen, but the mystery was never

decisively solved.

"In England Franklin's conduct was regarded with the utmost severity.

For the purpose of ruining honorable officials it was said, their most

confidential letters, written years before to a private member of

Parliament, who had at that time no connection with Government, had been

deliberately stolen; although the original thief was undiscovered, the

full weight of the guilt and dishonor rested upon Franklin. He was

perfectly aware that the letters had been written in the strictest

confidence, that they had been dishonestly obtained without the

knowledge of the person who received them, or the person who wrote them,

and that their exposure would be a deadly injury to the writers. Under

these circumstances he sent them to a small group of politicians whom he

knew to be the bitterest enemies of the Governor, and one result was a

duel in which the brother of the man whose private papers had been

stolen, was nearly killed. Any man of high and sensitive honor, it was

said, would sooner have put his hand into the fire than have been

concerned in such a transaction."[132]

[132] Lecky's Am. Rev., pp. 149, 150.

When the petition for the removal of Hutchinson and Oliver arrived the

Government referred it to the Committee of the Privy Council that the

allegations might be publicly examined with counsel on either side. The

case exerted an intense interest which had been rarely paralleled. No

less than thirty-five Privy Councillors attended; among the

distinguished strangers who crowded the Bar were Burke, Priestley and

Jeremy Bentham, Dunning and Lee, who spoke for the petitioners; they

appear to have made no impression; while on the other side Wedderburn,

the Solicitor-General, made one of his most brilliant but most virulent

speeches, which was received with boundless applause.

After a brief but eloquent eulogy of the character and services of

Hutchinson he passed to the manner in which the letters were procured,

and turning to Franklin, who stood before him he delivered an invective

which appeared to have electrified his audience. "How the letters 'came

into the possession of anyone but the right owner's,'" he said, "is still

a mystery for Dr. Franklin to explain, and they could not have come into

his hands by fair means. Nothing will acquit Dr. Franklin of the charge

of obtaining them by fraudulent or corrupt means, for the most malignant

of purposes, unless he stole them from the person who stole them. I

hope, my Lords, you will brand this man for the honor of this country,

of Europe, and of mankind.... Into what country will the fabrication of

this iniquity hereafter go with unembarrassed face? Men will watch him

with a jealous eye. They will hide their papers from him, and lock up

their escritoires. Having hitherto aspired after fame by his writings,

he will henceforth esteem it a libel to be called a man of

letters--_homo trium literarum_. But, he not only took away those papers

from our brother, he kept himself concealed, till he nearly occasioned

the murder of another. It is impossible to read his account, expressive

of the coolest, and most deliberate malice, without horror."

[Illustration: BENJAMIN FRANKLIN BEFORE THE PRIVY COUNCIL.

He stood there, conspicuous and erect, and without moving a muscle, was

compelled to hear himself denounced as a thief, or the accomplice of

thieves.]

The scene was a very strange one, and it is well suited to the brush or

an historical painter. Franklin was now an old man, sixty-seven, the

greatest writer, the greatest philosopher America had produced, a member

of some of the chief scientific societies in Europe, the accredited

representative of the most important of the colonies of America, and for

nearly an hour, and in the midst of the most distinguished of living

Englishmen, he was compelled to hear himself denounced as a thief or the

accomplice of thieves. He stood there conspicuous, and erect, and

without moving a muscle, amid the torrent of invective, but his apparent

composure was shared by few who were about him. Fox, in a speech which

he made as late as 1803, reminded the House how on that memorable

occasion, "all men tossed up their hats, and clapped their hands, in

boundless delight, at Mr. Wedderburn's speech." The committee at once

voted that the petition of the Massachusetts Assembly was "false,

groundless, and scandalous and calculated only for the seditious purpose

of keeping up a spirit of clamor and discontent in the province." The

king and Council confirmed the report and Franklin was ignominiously

dismissed from his office of Postmaster.[133] From this time Franklin

and his friends had a deep personal grudge against the British

Government.

As the autumn deepened Hutchinson interpreted as favorable to himself

the symptoms he perceived of the mood of the people. Oct. 16, 1773, he

writes, "I now see so great a change in the people wherever I travel

about the country, that I have reason to think I shall rather gain than

lose by the late detestable proceedings, and my friends express stronger

attachments to me than ever." This was only a brief Indian summer of

favor before the outbreak, not now distant, of a storm more cold and

pitiless than ever, for a crisis was now at hand more threatening than

any that had preceded it. As shown in a previous chapter,[133] after the

repeal of the Stamp Act in order to pacify the colonists, a duty was

placed on tea, and other imports, which the colonists had always

admitted to be a valid Act of the Parliament. No revenue probably had

ever been expected from it. It was felt that the principle that

Parliament might tax must be maintained; the cost of collection was

greater than the proceeds. Instead of paying 12d per pound export duty

from England, only 3d per pound was to be charged, when imported by the

East India Company to the Colonies, thereby making a saving to the

colonists of 9d per pound which would make tea cheaper than that

smuggled in from the Dutch colonies.[134]

[133] Lecky's Am. Rev. pp. 150, 151, 152.

[134] See p. 47, for further information concerning the Stamp Act and

the Tea Tax.

The project of sending the tea, was decided on in May, 1773, and

Massachusetts was the Colony where the crisis was to come. The

consignees were important persons. Two of them were Thomas and Elisha

Hutchinson, sons of the Governor, a third was the Governor's nephew

Richard Clarke, father-in-law of Copley, the painter, a fourth was

Benjamin Faneuil, a nephew of Peter Faneuil, deceased, a fifth Joshua

Winslow, also of a memorable family. These held bravely to the task that

had been set for them, putting their property and lives in jeopardy

until finally they were driven to seek refuge in the Castle. Of those

opposed to them Samuel Adams was the chief, followed by Hancock,

Bowdoin, Dr. Thomas Young, Dr. Joseph Warren, Dr. Benjamin Church,

Josiah Quincy, John Scollay, and others who lent their hands to action

and their heads to counsel. Historic truth also compels the statement

that the man put forward to do the disreputable work for them was

"Captain Mackintosh" leader of the South End toughs in street fights

with the North Enders, leader of the rioters in the destruction of the

Governor's home in August, 1765. For his part in that affair he had

never been punished, and now seems to have been rather a popular pet. He

was styled the "First Captain-General of Liberty-Tree," and managed the

illumination, hanging of effigies, etc. Long afterwards, in speaking of

the Tea Party he said, "It was my chickens that did the job."[135]

[135] Francis Drake. "Tea Leaves." Introd. p. CXXVII.

An attempt was made to cause the consignees to resign their commissions

under "Liberty Tree;" this they refused to do and in consequence they

were mobbed in their houses, windows and doors were smashed and amid a

tempest of missiles their lives and persons were in great danger.

Hutchinson set himself against the "Sons of Liberty," "his course not

showing one sign vacillation from first to last, but throughout bearing

the marks of clear, cold, passionless inflexibility."[136]

[136] Richard Frothingham.

Another American writer says, "To candid men, the letters he wrote in

those days of struggle ought to have interest, as well as the

declarations of those who have portrayed him as the disgraced minion of

a tyrant."[137] Another writer, referring to his action at this time,

says, "We can at this day well afford to mete out this tardy justice to

a man, whose motives and conduct have been so bitterly and

unscrupulously vilified and maligned as have been those of Thomas

Hutchinson."[138]

[137] Hosmer's Life of Hutchinson, p. 299.

[138] Francis S. Drake. Tea Leaves. Int. LXIII.

At last, in December, 1773, three ships laden with tea arrived at

Boston, and what followed has been told a thousand times, with all

possible elaborations by those who fully sympathize with the tea mob.

The cold facts are that "Captain Mackintosh" and "his chickens,"

disguised as Mohawk Indians, instigated by Samuel Adams, John

Hancock[139] and other leading "patriots" flung the whole cargo

consisting of 342 chests, into the harbor. In the course of the violent

proceedings this year the Council, the militia, and the company of

cadets, had been vainly asked to assist in maintaining the law and

order. The sheriff was grossly insulted, the magistrates could do

nothing, and as usual, the crowning outrage of the destruction of the

tea was accomplished with perfect impunity, and not a single person

engaged in it was in any way molested, but every soul in Boston knew the

penalty must fall, as certain as night follows day. "The news of these

events convinced most intelligent Englishmen, that war was imminent, and

that taxation of America could only be enforced by the sword. Popular

opinion in England, which had supported the repeal of the Stamp Act,

was now opposed to further concession, England, it was said, had

sufficiently humiliated herself. The claim and the language of the

colonial agitators excited profound and not unnatural indignation, and

every mail from America brought news that New England at least was in a

condition of virtual rebellion, that Acts of the British Parliament were

defied and disobeyed with the most perfect impunity, that the

representatives of the British Government were habitually exposed to the

grossest insults, and reduced to the most humiliating impotence."

[139] Hancock's uncle made his large fortune by smuggling tea. See

Hutchinson His., Vol. III., p. 297.

The time for temporising, it was said, was over. It was necessary to

show that England possessed some real power of executing her laws and

the ministers were probably supported by a large majority of the English

people, when they resolved to throw away the scabbard, and to exert all

the power of Parliament to reduce Massachusetts to obedience.[140] The

measures that were taken were very stringent. By one Act, the harbor of

Boston was legally closed. "The Custom House officers were removed to

Salem. All landing, lading, and shipping of merchandise in Boston harbor

was forbidden, and English men-of-war were appointed to maintain the

blockade. The town which owed its whole prosperity to its commercial

activity was debarred from all commerce by sea and was to continue under

this ban, till it had made compensation to the East India Company for

the tea which had been destroyed, and had satisfied the crown that trade

would for the future be safely carried on in Boston, property protected,

laws obeyed, and duties regularly paid."[141] By another Act, Parliament

was to remodel the charter of Massachusetts, the Council or Upper

Chamber was now to be appointed as in most of the other colonies of

America by the crown. The judges and magistrates of all kinds, including

the sheriffs, were to be appointed by the royal governor. Jurymen were

to be summoned by the Sheriffs. That these Acts of the British

Parliament at this time was necessary is beyond question, for there was

a mob in revolutionary Boston at this time, scarcely less foul-mouthed,

pitiless, unscrupulous, than that which roared for the blood of the

Bourbons in revolutionary Paris, or that of the Commons of later times.

Mackintosh and his crew were unmistakably in evidence, certainly not

restrained, but connived at by the better men, so that those just as

conscientious and patriotic, who tried by lawful ways to oppose, found

destruction for their property imminent, and could feel that their lives

were secure only when they had fled down the harbor to the Castle.

[140] Lecky's Am. Rev., pp. 154, 164, 165, 166.

[141] 14 George III., c. 19, 45.

John Adams was one of the very few "patriots" who really disowned and

opposed mob violence; not only did he defend the soldiers for killing

some of the mob, but in a letter to his wife, he said: "mobs I do and

will detest."[142]

[142] Letters of John Adams, Vol. 1., p. 13.

[Illustration: (View from Governor Hutchinson's Field.)]

On May 10th, 1774, news reached Boston of the passing of the Boston Port

Bill, and the penalties the Tea-Party had brought upon the town. General

Gage, who was to command four regiments and a powerful fleet arrived

three days later. A military governor was now to succeed the civilian,

it being understood that Hutchinson, after the disturbances were

quelled, should return to power; in the meantime he was to go to

England, and help the King with personal counsel.[143] Hutchinson's work

in America was done. It may be asked, why did he remain in office in all

these years, up to this time, enforcing laws with which he had no

sympathy, the instrument of a policy he disliked, wrecking in the minds

of many of his countrymen the honorable name which for forty years he

had been establishing. It was certainly not for emolument. It was not

for fame, for instead of credit he had long received only abuse. He kept

hoping against hope, that the home government would become wiser, that

the supremacy of Parliament, having once been recognized, should be

allowed to sink out of sight, the Colonies being allowed to control

themselves as British Colonies do at the present time. He hoped that in

his own land the question of taxation would be less hotly contested by

the people. These things gained, the glorious empire of England might

remain undivided, mother and daughter remaining in peace together, an

affectionate headship dwelling in one, a filial and loving concession of

precedence in the other. To attain such a consummation seemed to the

Governor a thing worth suffering and striving for. To bring this about,

as is shown by all his acts, and all his words, he contended year after

year, sacrificing to his aim his reputation, his fortune, at last,

hardest of all, his citizenship, dying in exile of a broken heart.

[143] Hutchinson Hist. Vol. III., p. 458.

Before leaving Boston he received a most complimentary address signed by

the principal inhabitants of that and other towns endorsing this course

and conduct; they were known as "Addressers," and were afterwards

persecuted and subjected to many indignities from their fellow townsmen.

June the 1st, 1774, he turned away from his beautiful mansion and

extensive farm, and walked down Milton Hill, to the Lower Mills, nodding

and smiling to his neighbors on this side and that, it is said, whether

Whig or Tory, he was good friends with all. He was in a cheerful mood on

that day when he left his home forever, for had not the best people of

the Province approved of him, and had shown him strong marks of favor in

their addresses. It is very evident, as shown in all his writing, that

he was greatly attached to his beautiful country home and to his Milton

neighbors, with whom he was a favorite. He mingled with them in social

life, and worshipped with them in the same church. His residence on

Milton Hill is situated in one of the pleasantest places in the vicinity

of Boston. It is the same to-day as it was when the Governor resided

there, with the exception that the house has been remodeled, and the

surrounding estates, now the homes of millionaires, have been greatly

improved by art. It is situated on the crest of Milton Hill--a

drumlin--to the south of which, across a beautiful valley are the Blue

Hills, called by the Indians the "Massachusetts" or the place of the

great hills, and from which the state has derived its name. They appear

like mountains rising through the atmosphere charged with fragrant mist

from the intervening blossoming fields, which give them a blue

appearance, and soften all their ruggedness into beauty.

The mansion faces the north on the road leading to Plymouth; across the

road in front of the home is an extensive field sloping towards the

green waving marshes that line the banks of the beautiful Neponset

river, winding its course to the harbor, which bears upon its bosom many

picturesque islands and in the remote distance is seen the rocky

Brewsters, on which is situated the white lighthouse, marking the edge

of the ocean.[144]

[144] Several wealthy citizens of Milton have recently purchased this

field donated it to the State as a public reservation to be known as the

"Governor Hutchinson Field."

On that beautiful spring morning as the Governor walked down the hill he

had no thought of a lasting absence, though martial law for a time was

to be tried he was still Governor; meantime his salary was continued and

he was about to give an account of his stewardship to his royal master.

At the foot of the hill he crossed the river and there met his

carriage, next year to be confiscated, and appropriated to the use of

Washington. In it he rode to what is now South Boston Point; then

embarking in a boat, he was rowed to the Castle, on Castle Island, the

last bit of Massachusetts earth to feel his footfall. From here he

embarked on the warship Minerva, which was to convey him to England,

where he arrived July 1st, and was immediately received by the King, who

during the interview said, "I believe you generally live in the country,

Mr. Hutchinson, what distance are you from town?" Mr. Hutchinson

replied, "I have lived in the country. Sir, in the summer for 20 years,

but except the winter after my house was pulled down, I have never lived

in the country in the winter until the last. My house is 7 or 8 miles

from Town, a pleasant situation, and most gentlemen from abroad say it

has the finest prospect from it they ever saw, except where great

improvements have been made by art to help the natural view."[145]

[145] Hutchinson Diary, Vol. II., pp. 164, 165.

[Illustration: (Governor Hutchinson's House on Milton Hill.)]

He often afterwards was at Court, and was treated with the greatest

kindness by both King and Queen. A baronetcy was offered him, which he

declined because of insufficient means to support the title, his

property in America having been confiscated. He was however handsomely

pensioned. He does indeed write under date of September 1st, 1778, "The

changes in the last four or five years of my life make the whole scene,

when I look back upon it appear like a dream or other delusions. From

the possession of one of the best houses in Boston, the pleasantest

house and farm at Milton, of almost any in the world and one of the best

estates in the Colony of Rhode Island, with an affluent income, and a

prospect of being able to make a handsome provision for each of my

children at my death--I have not a foot of land at my command, and

personal estate of L7000 only, depending on the bounty of Government for

a pension, which, though it affords a present ample provision for

myself, and enables me to distribute L500 a year among my children, yet

is precarious, and I cannot avoid anxiety. But I am still distinguished

by a kind Providence from my suffering relations, friends, and

countrymen in America as well as from many of them in England, and have

great reason to be thankful that so much money is yet continued to

me."[146]

[146] Diary and Letters of H. Vol. II., p. 216.

[Illustration: (Inland View from Governor Hutchinson's House.)]

The Governor's diary in England is a profoundly pathetic record of a man

broken-hearted by his expatriation. His sons and daughters and their

families to the number of twenty-five were all dependent upon him. "He

is glad he has a home for them, when so many fellow-exiles are in

want." As Hutchinson was by far the ablest and most eminent of his

party, so his sufferings were especially sharp. His name was held to be

a stigma. Hutchinson Street in Boston became Pearl Street. The town of

Hutchinson in the heart of the Commonwealth, cast off its title as that

"of one who had acted the part of a traitor and parricide," substituting

for it that of Barre, the liberal champion in Parliament.

The honorable name he had made through forty years of self-denying

wisely directed public service, was blotted out, for generations it was

a mark for obloquy. His great possession and large estate were

confiscated, and to the shame of his countrymen be it said, they did not

spare even his family tomb. It was sold by the State and the bones of

his ancestors, some of the greatest men of the colony, and those of his

wife and children were thrown out. The old stone with the Hutchinson

crest on it still remains over the tomb in Copp's Hill burial ground

with the name of the new owner of the tomb rudely marked on it. Could

the governor have had a premonition of what was going to happen when he

wrote to his son, Feb. 22, 1775, that he wished to have a new tomb built

at Milton, and the remains of his wife, deceased twenty-one years, to be

tenderly removed from Copp's Hill and deposited therein, with space for

himself, and bade him "leave the wall or any ornament or inscription

till I return, and the sooner it is finished the better."

His son Thomas had left Milton and retired to Boston before he received

his father's letter. Hostilities immediately followed, and were

succeeded by the confiscation of the estates of the loyalists. Hence

this cherished design of the governor was never carried out. Again on

May 15th, 1779, he writes in his diary, "And though I know not how to

reason upon it, I feel a fondness to lay my bones in my native soil and

to carry those of my dear daughter with me." Again he writes, "The

prospect of returning to America and laying my bones in the land of my

forefathers for four preceding generations, and if I add the mother of

W. H. it will make five, is less than it has ever been." Then at last

this entry is found. "Sept. 16, 1779. Stopped at Croydon, went into the

church, looked upon the grave of my dear child, inquired whether there

was room for me, and was informed there was." He was indeed sinking

fast, and his end was rapidly approaching. A few months later, June 3,

1780, as he was walking down the steps of his house to his coach, going

for his morning drive, he fell into the arms of his servant, and with

one or two gasps he resigned his soul to God, who gave it. He was buried

at Croydon on the 9th of June. It would scarcely be possible for a human

life to close among circumstances of deeper gloom. Utter destruction had

overtaken his family. His daughters and his son dispirited, dropped

prematurely at the same time with him into the grave. His son "Billy"

died on Feb. 20. A child of Elisha's died on June 25th, and his daughter

Sarah died on the 28th. In daily contact with him was a company of

Loyalist exiles, once men of position and wealth, now discredited,

disheartened, and in danger of starvation. The country he loved and had

suffered so much for, had nothing for him but contumely. To a man like

Hutchinson public calamity would cause a deeper pang than private

sorrow. No more threatening hour for England has probably ever struck

than that in which the soul of this great and good man passed away. It

had become apparent that America was lost, a separation that might be

fatal to the empire, and which her hereditary enemies were hastening to

make the most of. To America herself the rending seemed to many certain

to be fatal.

While the members were thus being torn away, destruction seemed to

impend at the heart. At the moment of his death, London was at the mercy

of the mob, in the Gordon riots. The city was on fire in many places, a

drunken multitude murdered, right and left, laying hands even upon the

noblest of the land. Lord Mansfield, Chief Justice of England, because

he had recommended to the mercy of a jury, a priest arrested for

celebrating mass, saved his life with difficulty, his home with all his

possessions going up in flames. What a remarkable coincidence this was

with what happened to the governor when he was Chief Justice of

Massachusetts. The exile's funeral passed on its way through smoke, and

uproar, that might easily have been regarded as the final crash of the

social structure. No one foresaw then what was immediately to come; that

England was to make good her loss twice over, that America was to become

the most powerful of nations, that the London disorders were on the

surface merely, and only transient. In Hutchinson's latest

consciousness, every person, every spot, every institution dear to his

heart must have seemed to be overwhelmed in catastrophe. Such was the

end of a life thoroughly dutiful and honorable.[147]

[147] Hosmer's Life of Hutchinson, p. 349.

On the death of Cromwell, his body was buried in Henry VII chapel, and

after the restoration it was disinterred and gibbeted at Tyburn, and

then buried under the gallows, the head being placed on a pike over

Westminster Hall, where Cromwell had Charles I condemned to death. And

now nearly two and one-half centuries since this event occurred a

beautiful monument of Cromwell has been erected by Parliament on the

lawn a few feet from Westminster Hall where the above events took place.

Will the city of Boston ever do likewise and erect a statue to Governor

Hutchinson in some public place as a slight atonement for the obloquy

cast upon his name, the desecration of his family tomb, and as a

recognition of the great services he rendered his native state, for

certainly he was one of the worthiest sons that Massachusetts has ever

produced, and there should be some memorial in the place of his birth,

to record his private virtues, his historical labors, his high station,

his commanding influences, and his sorrows, which have an interest,

which none acquainted with his life can fail to feel.

The following list of estates belonging to Thomas Hutchinson situated

at, and near Boston, taken from him under the Conspiracy and

Confiscation Acts comprises nineteen parcels of land. The state

received for them L98,121, 4s or about $490,000. His mansion house on

the corner of Fleet and Hanover Streets brought L33,500. The Governor

owned other valuable real estate in Rhode Island and other parts of

Massachusetts, particularly in that part now the State of Maine. He was

probably the wealthiest person in the state of Massachusetts at the

commencement of the Revolutionary War. The author is indebted to the

late John T. Hassam, A. M., for the list of Confiscated Estates in

Suffolk County contained in this work, giving the name of the purchaser

at the sale, the Lib. and folio of the record and a brief description of

the confiscated estates. It was originally printed in the proceedings of

the Mass. His. Soc. for May, 1895.

LIST OF GOVERNOR HUTCHINSON'S CONFISCATED ESTATES IN SUFFOLK COUNTY AND

TO WHOM SOLD.

To Joseph Veasey, Dec. 27, 1779; Lib. 131, fol. 21; Land and

dwelling-house in Boston, Fish St. W., land purchased by Thomas

Stephenson N.; passageway E; heirs of William Graves S.

To Samuel Broome, July 24, 1780, Lib. 131, fol. 233; Land, 43 A. 2

qr. 34 r., in Milton, a back lane E., Mr. Ivers and Milton River

N., Stephen Badcock and a brook N.W.; lane to Stephen Badcock S.W.;

road to Milton meeting-house S.E.----Land, 33 A. 1 r., mansion

house and barn in Milton road to Braintree E., heirs of William

Badcock S.E. and S.W., road to Milton meeting-house N.W.----14 A. 3

qr. 3 r. in Milton, road to Braintree S.W., Robert Williams S.E.;

heirs of William Badcock N., Milton River N.E.----Woodland, 48 A. 1

qr. 9 r., in Milton, road by Moses Glover's N.W.; Braintree town

line S.E.; John Bois S.W.; John Sprague N.E.----Tillage land, 17 A.

2 qr. 27 r., and salt marsh, 16 A. 14 r. adjoining, in Dorchester,

lower road from Milton bridge to Dorchester meeting-house W.;

Hopestill Leeds N.E.; John Capen and others E.; Amariah Blake and

the river N., Ebenezer Swift, Daniel Vose and a creek S.----Salt

marsh, 2 A. 3 qr. 9 r., near the Hummucks in Dorchester, Levi

Rounsavel N.; Robert Swan and Madam Belcher S., the river

W.----Salt marsh, 7 A., in Dorchester, Billings Creek S. and W.;

Robert Spurr N.; Henry Leadbetter S.E. and E.----One undivided

third of 8 A. salt marsh in Dorchester, held in common with Timothy

Tucker and Joseph Tucker. Billings Creek S.; Nathan Ford

W.----Woodland, 33 1-2 A. 9 r. in Braintree.

To John Hotty. Aug 8, 1780, Lib. 131, 161, fol. 247; Land and

dwelling-house in Boston, Fish St. W., land purchased by Parsons

and Sargeant N.; passageways E. and S.

To Ebenezer Parsons, Daniel Sargent, Feb. 25, 1783; Lib. 137, fol.

95; Land and dwelling-house in Boston, Fish St. W.; passageways N.

and E., land purchased by Thomas Stephenson S.----Land and

dwelling-house, Fish St. W.; land purchased by John Hancock N.;

Thomas Hutchinson E.; land purchased by John Hotty S.----Land,

store, block-maker's shop, and other work places near the above,

passageways S.; W. and E; Thomas Hutchinson N.----Flats, dock,

wharf and stores near the above passage W.: dock N.; sea E.; dock

S.----Flats, dock and wharf adjoining the above-described wharf,

John Brick S.; passageways W. and N.; dock N., the sea E.

To Ebenezer Parsons, Daniel Sargeant, Feb. 25, 1783; Lib. 137, fol.

99; Land and dwelling-houses in Boston, Fish St. W.; land purchased

by said Parsons and Sargeant S.; passage N.; passage E.; land

purchased by said Parsons and Sargeant S.; passage W.; then running

W. and S.

To Thomas Stephenson, Mar. 13, 1783; Lib. 137, fol. 161; Land and

dwelling-house in Boston, Fish St. W.; land purchased by Parsons

and Sargent N.; passage E.; land purchased by Joseph Veasey S.

To Enoch Brown, Oct. 14, 1784; Lib. 145, fol. 126; Land and brick

dwelling-house in Boston, Middle St. W.; Fleet St. N.; street from

Clark's Square to Fleet St. E.; Lady Franklin S.

THOMAS HUTCHINSON.

Eldest son of Governor Hutchinson. He was born in Boston in 1740. He

married Oct. 10, 1771, Sarah, daughter of Lieut. Governor Andrew Oliver.

He was Judge of the Probate Court for the County of Suffolk. He was

Mandamus Councillor, and an Andresser of General Gage. He and his family

were in Boston during the blockade, and bombardment. At the evacuation,

they went aboard ship with their two children, when the third child was

born, as they were leaving for England. Dr. Peter Oliver, the second son

of Chief Justice Oliver, refers to this matter in his Diary, as follows:

"We remained blocked up in Boston till the beginning of March, 1776,

when we were ordered to embark. Tommy Hutchinson's family and mine went

aboard the Hyde Pacquet for England, March 25th, 1776, we set sail for

England. The day before we set sail from Nantasket, Tommy's wife was

delivered of a boy which had not a drop of milk during the whole

passage, was much emaciated, and no one thought it would have lived. The

lady well. As to myself, I was sick 21 days without any support; reduced

almost to a skeleton. Seven children on board ship, and the eldest not 6

years old."

The child born aboard ship was baptised Andrew, after its mother's

father, Lieut. Gov. Andrew Oliver. It grew up, married, left children,

was an eminent surgeon, and after a long life, died Dec. 23, 1846, aged

70 years. He was the father of the late Peter Orlando Hutchinson, great

grandson of the Governor who edited the two volumes of the Diary of

Governor Hutchinson, published in 1883. He was a local antiquary, of

local repute, and a gentleman of great kindness of heart. He was a

bachelor, and died at Sidmouth, Devon, Oct. 1st, 1897, aged 87, and was

the last of his generation.

His last words at the end of the second volume, are as follows: "If in

these volumes, I have anywhere said anything of my American friends that

is untrue, or too harsh for the occasion, I regret it should have been

so, and I willingly withdraw it altogether. I need not apologise for any

unkind remarks that may have been made by the Governor, though most

concerned, for he made none; and when they have made reparation for all

the slander and misrepresentation which they have persistently heaped

upon him during the last 120 years, then--we shall be quits. It is time

to bury the hatchet. Farewell."

Thomas Hutchinson, the subject of this sketch, writing to his brother

under date of Nov. 15th, 1788, alluded to the trying position in which

the Loyalists were placed, he says, "We will give a little attention to

a large and suffering body of people whose only crime had been that of

fidelity to the Mother country. Driven out of the land of their

adoption, they fled back to the land of their ancestors, where most of

them were strangers. Some pressed their claims for relief from the

English Government; others applied to the American Courts for recovery

of the estates themselves, while others despairing of success, gave up

everything for lost, and sat down resigned to their fate. Sir Francis

Bernard lost the valuable Island of Mount Desert, and Sir William

Pepperell lost miles of coast line, stretching away from Kittery Point

to Saco, extending miles into the interior."

"These unfortunate people were very difficultly placed--if they had

joined the American party, they would have been Rebels to England, but

when the war was over and they applied for the restitution of their

estates they were told they were Rebels to America."

Writing again under date of 1789, he said: "We proceeded to Exeter, and

I have taken a house at a mile from the town, but in the neighborhood,

the house furnished, and has every convenience about it, with about six

acres of land--mowing, orchard, and garden stocked with fruit trees. I

could have had my house and garden without the land, at L45, and am to

pay L60 per ann. for the whole. The last year my orchard produced 20

hhds of cyder."

Thus the family became settled in a respectable looking old house built

in the Queen Anne style, known as East Wonford near Heavitree church,

where it still stands. The rent appears to be extraordinarily low. He

would not bind himself to a lease, for he still had hopes of returning

to America, but the return was never to be. The Hutchinsons had very

little chance of a favorable hearing in Massachusetts, and their large

fortune there was forever lost to them. The family seems to have been

content with their new home, for in another letter to his brother of May

19, 1791, Thomas says:--"After eighteen months residence, we continue to

think this a very agreeable part of England; and perhaps I could not

have made a better pitch than I have done."

Thomas Hutchinson, son of the Governor, died in 1811, and his wife in

1802. They were deposited in a vault in the middle of Heavitree church.

The church was pulled down in 1843 and a new one erected on the same

site.

Thomas, his eldest son, grandson of the Governor, was born in America in

1772, brought to England by his father in 1776, he was a

Barrister-at-Law, resided during the early years of his career at No. 14

New Boswell Court, Lincoln's Inn, London, and after that in Magdalen

Street, Exeter. He married twice, had three sons and one daughter. He is

buried in the N. W. corner of Heavitree churchyard. A stone with the

following inscription marks the spot: "Underneath this stone Lie the

mortal remains of Thomas Hutchinson, Barrister-at-Law, who departed this

life the 12th of November 1837, aged 65."

Mary Oliver Hutchinson, daughter of Thomas Hutchinson, and granddaughter

of the Governor, was born in America, Oct. 14, 1773, and was brought to

England by her father in 1776, married Captain W. S. Oliver, R. N.,

grandson of Lieut. Governor Andrew Oliver, at Heavitree, in Oct. 1811.

She died at East Tergnmouth, Devon, July 11th, 1833, leaving one son and

two daughters of whom more presently.

William Hutchinson, son of Thomas and grandson of the Governor, was born

in England, June 14, 1778. He entered the church and was pastor for some

time at Heavitree and Colebrook, Devon. He had two sons and three

daughters. Rev. William Hutchinson, died May 3rd, 1816.

ELISHA HUTCHINSON.

Son of Governor Hutchinson, was born Dec. 24, 1745, at Boston. He

graduated at Harvard College in 1762. His wife Mary was the eldest

daughter of Colonel George Watson of Plymouth, Mass. He was the

commercial partner of his brother Thomas. They were the consignees of

one-third of the tea. Their names were given to the East India Company

by a London correspondent, who solicits the consignment for them,

without mentioning their connection with the Governor, although the

historian Bancroft falsely asserts that he had a pecuniary interest in

the shipment, of which there is not the slightest evidence.[148] He

accompanied his father to England in 1774, leaving his wife in America,

with the intention of rejoining her in a few months, but it was three

years before she could join him in England. Having reached his 80th year

he died at Tutbury, June 24, 1824, having had issue three daughters and

two sons. His son John, born Sept. 21, 1793, was perpetual curate of

Blurton near Trentham, Co. Staff. Percentor and Canon of Lichfield,

Editor of Vol. 3 of Gov. Hutchinson Hist. of Mass., in 1828. He married

his cousin Martha Oliver Hutchinson, May 10th, 1836. He died April 27,

1865, at Blurton, having had issue two daughters and one son, John

Rogers, born March 6, 1848, who married Ruth Hombersley, Oct. 19, 1882,

at Kirk Ireton, Derbyshire.

[148] Tea Leaves, p. 324.

FOSTER HUTCHINSON.

Was brother of Governor Hutchinson, and one of the last judges of the

supreme court of Massachusetts. He graduated at Harvard University in

1743. He accepted the appointment of mandamus councillor in 1774 and

soon after was compelled to take refuge in Boston. He was proscribed and

banished and his estates were confiscated. He left Boston at the

evacuation in 1776, and with his family of twelve persons went to

Halifax. He died in Nova Scotia in 1799. His son, Foster, an Assistant

Judge of the Supreme Court of that Colony died in 1815, and his daughter

Abigail deceased at Halifax, July 1843, aged seventy-four years. Foster

and his brother Thomas had a dry goods store in 1765 below the "Swing

Bridge" near what is now the corner of Hanover and Salem streets.

CONFISCATED ESTATES BELONGING TO FOSTER HUTCHINSON ET AL IN SUFFOLK

COUNTY AND TO WHOM SOLD.

To Ebenezer Parsons, Daniel Sargent, Feb. 25, 1783; Lib. 137, fol.

95; Land and dwelling-house in Boston, Fish St. W.; passageways N.

and E.; land purchased by Thomas Stephenson S.----Land and

dwelling-house, Fish St. W.; land purchased by John Hancock N.;

Thomas Hutchinson E.; land purchased by John Hotty S.----Land,

store, block-maker's shop and other work places near the above,

passageways S.; W. and E.; Thomas Hutchinson N.----Flats, dock,

wharf and stores, near the above, passage W.; dock N.; sea E.; dock

S.----Flats, dock and wharf adjoining the above described wharf,

John Brick S.; passageways W. and N.; dock N.; the sea E.

To John Codman, Jr., Sept. 25, 1783; Lib 140, fol. 4; Land, wharf

and dock in Boston. Town Dock N.; heirs of William Clarke deceased

W.; heirs of Benjamin Andrews S.; passage from the Town Dock to

Green's wharf E.

ELIAKIM HUTCHINSON.

As previously stated, the ancestor of Governor Hutchinson who emigrated

to Boston was William Hutchinson, grandson of the Mayor of Lincoln; he

had a brother Richard in business in London whose son Eliakim also

settled at Boston. There is nothing to show that Richard ever came to

this country, and when William and his wife Anne was expelled from

Boston, the lot which had been granted to him in 1634, now known as the

"Old Corner Bookstore," which then extended to the City Hall lot, was

sold by his son Edward to Richard Hutchinson of London, linen-draper.

This was the father of Eliakim. The subject of this notice was the great

grandson of the emigrant. He was born in 1711 and married Elizabeth,

eldest daughter of Governor Shirley. He was a member of the Governor's

Council and Chief Justice of the Court of Common Pleas for Suffolk

County. In 1764 he purchased from his father-in-law "Shirley Hall," the

finest estate in Roxbury. In 1746 Governor Shirley bought thirty-three

acres of land and erected this palatial mansion on it. Its oaken frame

and other materials, even the bricks, it is said, were brought from

England, at a vast expense. It has been removed from its original

location, and is now occupied as a tenement house, yet, notwithstanding

the vicissitudes it has undergone, it is extremely well preserved. One

of the peculiarities of "Shirley Place," as the governor styled it, is

its double front. From the upper windows a fine view is obtained of the

city, harbor and islands. Each front was approached by a flight of stone

steps flanked by an iron railing of an antique and rustic pattern.

Entering the northern or proper front, you find yourself in a spacious

hall of grand proportions. To the right a broad staircase leads to a

balcony extending around to the left where two doors open into the guest

chambers in which Washington, Lafayette, Franklin, Daniel Webster and

many other celebrated men have from time to time been accommodated. From

the balcony the musicians entertained the company at the table in the

hall. The carved balusters around the staircase and gallery are of three

different patterns, and the rail surmounting them is inlaid at the top.

The base of the balustrade and staircase, is also adorned with a carved

running vine. To the right and left of the hall are doors leading into

the reception room, parlors, etc. Upon great occasions the two halls

were thrown into one by opening the folding doors between. Washington

paid a visit to Governor Shirley in March 1756, to relate to him the

circumstances of his son's death who was killed at the battle of the

Monongahela. In a letter to his friend and patron Lord Fairfax, he says,

"I have had the honor of being introduced to several governors,

especially Mr. Shirley, whose character and appearance, have perfectly

charmed me." The next time Washington visited "Shirley Place" it was not

as a guest, but as an enemy.

Governor Shirley was a man of great industry and ability, thoroughly

able, enterprising, and deservedly popular. He was a strong advocate of

prerogative and in 1756 advised the ministry to impose a stamp tax in

America. In February, 1755, he was made a major-general, with

superintendence of military operations in the Northern Colonies. It was

then, after the disastrous defeat and death of General Braddock, that

Major Washington came to report it to him, and he was superseded both in

his command and his government, and ordered to England. Triumphantly

vindicating himself from the charges against him, he was made a

lieutenant-general in 1759, and was governor of the Bahamas from 1758 to

June 1769 when he returned to Roxbury, residing with his son-in-law in

the mansion built by him until his death, March 24, 1771, and was

interred in the burying ground of King's Chapel, which edifice he caused

to be built while governor.

Judge Eliakim Hutchinson died in June, 1775. He had a high standing at

the bar, being well versed in his profession, and enjoyed a good

reputation as a general scholar, and as a man of high moral and

religious principles. He was early imbued with principles favorable to

the government, but was never a bitter, nor even a warm partisan.

His patrimonial inheritance, aided by industry enabled him to acquire a

handsome fortune, one of the largest in the province. He adhered to

government from the beginning of the controversy, but the moderation of

his conduct, his superior fitness for his office, and the confidence in

his integrity, secured him public favor through the stormy period, which

commenced soon after his appointment to the Governor's Council. But this

was an unpardonable offence in the eyes of the "Sons of Despotism." It

was however unsolicited, unexpected and accepted with great reluctance,

and although he died before actual hostilities had scarcely commenced,

yet his large and valuable estate was confiscated. That portion of it in

Suffolk County was inventoried at L21,400, Shirley Place with eighty

acres of land was valued at L12,000. During the siege of Boston the

mansion was used as a barracks by the Revolutionary troops and was

greatly injured thereby.

It was purchased from the State by John Read, and then passed through

many hands, and in 1819 was purchased by Governor Eustis, who passed

the remainder of his days there, dying in 1825. Among the guests that

accepted his hospitality was John Quincy Adams, Henry Clay, Daniel

Webster, Aaron Burr, and John Calhoun.

Judge Hutchinson's wife left Boston at the evacuation, and went to

England. She died at London in 1790.

WILLIAM HUTCHINSON, son of Eliakim Hutchinson, graduated at Harvard

College in 1762. He went to the Bahamas when his grandfather Shirley

became Governor of same. In 1771 William Hutchinson was appointed Judge

of the Admiralty Court of the Bahama Islands. He died in England in

1790.

LIST OF CONFISCATED ESTATES BELONGING TO ELIAKIM HUTCHINSON IN SUFFOLK

COUNTY AND TO WHOM SOLD.

To William McNeill, Archibald McNeill. Feb. 21, 1782; Lib. 134,

fol. 27; Land in Boston, Cow Lane E., Howe's ropewalk S.; W. and

S.; Milk St. W.; Palmer's pasture N.

To Edward Compton Howe, June 17, 1782; Lib. 135, fol. 22; Land in

Boston, Milk St. N., Mr. McNeil E. and S.; McNeil's ropewalk E.;

Cow Lane S.; ropewalk of Ferister and Torrey W.

To John Read, Sept. 9, 1782; Lib. 135, fol. 196; Land 37A., in

Roxbury, bounded by the road from Roxbury to Dorchester, the brook

and salt water creek between Roxbury and Dorchester, the way to the

clay pit and by the lands of John Howes, John Humphrey, John

Williams, Aaron White, James White, Caleb Williams, Samuel Warren,

Joseph Clapp, Isaac Williams and Benjamin Williams.----Woodland 13

A., in Roxbury, Elijah Wales S.; widow Bourne and heirs E.; Noah

Davis W. and N.----Right of William Shirley Esq., to the clay pits

above mentioned called the Town of Roxbury clay pits.----23 1-2 A.

in Roxbury, John Williams N.; Aaron White, Samuel Cheney, John

Hawes, widow Warren and heirs of Joseph Warren W.; Nehemiah Munroe

S; town way from Dorchester brook to Braintree road E.----Pasture

land, 19 A., in Roxbury, Daniel Holbrook N.; Braintree road W.;

James White S.W.; said town way S. and E.----22 A., in Roxbury,

said town way N.W.; John Williams and ---- Swan S.; John Humphrey

E. John Williams N.E.----Salt marsh and upland, 20 A., in Roxbury,

heirs of Benjamin Williams S.W.; town creek between Roxbury and

Dorchester S.E.; Joseph Curtis N.

To John Lucas, Edward Tuckerman. Oct. 4. 1782; Lib. 136, fol. 22;

Land in Boston, on Dock Square and Cooper's Alley, bounded by lands

of Thomas Green, Joshua Blanchard, widow Apthorp, John Newell,

William Greenleaf, Jonathan Simpson and heirs of Thomas Young.

To Nathan Spear, March 1. 1783; Lib. 137, fol. 131; Land in Boston,

passageway from the Town Dock to Green's wharf W.; Jonathan

Williams, William Hyslop, Nathaniel Correy, Alexander Hill, heirs

of John Gould, of Anthony Stoddard, and of John Walker deceased N.;

the end of the wharf E.; the dock between said wharf and Green's

wharf S.

To Francis Bigelow, April 3, 1783; Lib. 137 fol. 260; Land in

Boston on Milk St.; bounded by a passageway and by land of said

Bigelow, said Hutchinson and Mr. Bourne.

To Joseph Russell, July 12, 1783; Lib. 139. fol. 75; Land in Boston

near Fort Hill, Gridley's Lane S.; Cow Lane E.; land of Town of

Boston and of heirs of Andrew Oliver N.; Thomas Palmer W.

To Thomas Green, Feb. 18, 1784: Lib 141. fol. 136; Land in Boston.

Dock Square S.; Eliakim Hutchinson W.; Mr. Blanchard N.; Thomas

Green E.; N. and E.

To Thomas Walley, Aug. 28, 1784: Lib. 144. fol. 172; Land and

buildings in Boston, Cross St. S.; Thomas Walley W.; widow Holmes

N.; Samuel Ellinwood E.

To Samuel Emmons, Jr., Victor Blair. Dec. 24, 1792; Lib. 174. fol.

183; Land in Boston, Milk St. and Cow Lane, between a highway and

ropewalk of Farreter and Torrey.

To Jeffery Richardson, May 17, 1793; Lib. 176, fol. 8; Land in

Boston. Cow Lane S.E.; Samuel Emmons N.E.; Thomas Davis S.W.;

extending towards Milk St. N.W.

To Jeffery Richardson, Dec. 15, 1795; Lib. 182, fol. 27;

Confirmation of above.

To Martin Brimmer, Apr. 13, 1796;, Lib. 183, fol. 37; Flats and

wharf in Boston, Minot's T N.; flats towards the town W.; wharf and

flats of William Davis S.; the channel E.

[Illustration: ANDREW OLIVER.

Born in Boston, 1707. Lieutenant Governor 1770-4. Died in Boston, March,

1774.]

ANDREW OLIVER.

LIEUTENANT GOVERNOR OF MASSACHUSETTS 1770-1774.

The Oliver family are among the most prominent of the early colonial

families. Thomas Oliver came from Bristol in 1632. He was one of the

founders, and Elder of the First Church in Boston.[149] His son Peter

born in England in 1622 and died in Boston in 1670, was a prominent

merchant, and commander of the Ancient and Honorable Artillery Company

in 1669 and was one of the founders of the Old South Church. Peter's son

Daniel married Elizabeth, the daughter of Andrew Belcher, who was the

father of Governor Jonathan Belcher.

[149] He lived on Washington Street; his lot extended north from Spring

Lane, including the head of Water Street.

ANDREW OLIVER, son of Daniel Oliver, a member of the Council, and

brother of Peter Oliver, the Chief Justice. He graduated at Harvard

College in 1724. He was a representative from Boston, member of the

council and Secretary of the Province. In 1765, soon after receiving the

appointment of Stamp Collector, without his solicitation, he not

approving of the Act, he became very unpopular. The rough population

which abounded about the wharves and shipyards, whose movements were

directed by persons of higher rank and larger views of mischief, grew

riotous, and with the usual want of discrimination shown by mobs, were

not slow to lift their hands against even their best friends. The houses

of the Custom and Admiralty officials were attacked, which culminating

in an extraordinary outrage against Andrew Oliver, which led John Adams

to exclaim, "Has not the blind undistinguishing rage of the rabble done

that gentleman irreparable injustice"?[150] He was hung in effigy, a

drunken crowd carrying the effigy through the Town House, even while the

Governor and Council were in session. The building he had fitted for the

transaction of business was destroyed. Taking a portion of it for a

fire, the mob proceeded to Fort Hill where Mr. Oliver lived and burned

his effigy in a bonfire before his home; they then went to work on the

barn, fence, garden, and dwelling house. After breaking all the windows

they entered the house and damaged and destroyed his furniture,

completely wrecking this beautiful mansion. The business being finished,

the "Sons of Despotism" proceeded to the Province-house, gave three

huzzas and dispersed. On the day following the riot, Mr. Oliver resigned

his office. In writing to a friend he says, "I was persuaded to yield in

order to prevent what was coming on the second night." This action of

the mob caused intense suffering both to himself and family.[151]

[150] John Adams' Diary, Aug. 15, 1765.

[151] See page 40 for account of the riot.

In 1770, Mr. Oliver was appointed Lieutenant Governor. In 1773, several

letters which he had written to persons in England, and which were

obtained surreptitiously by Franklin and sent to Boston, created much

excitement and abuse of the writers.[152] In addition to the assaults

at home, he was accused in England by Arthur Lee who signed himself

Junius Americanus with the grave crime of perjury. "Scarce any man ever

had a more scrupulous and sacred regard for truth, and yet, to such a

degree did the malignant spirit of party prevail as to cause this man in

the public papers in England, to bring against him a charge of perjury.

The Council of Massachusetts Bay, from whose votes and resolves this

writer attempted to support the charge, by vote which they caused to be

printed, repaired the injury as well as they could, but a consciousness

of his innocence and integrity, however, together with the reproaches

most injuriously cast upon him by the resolves of the council and house,

in which he was treated as the determined enemy of the liberties of his

country, the interest whereof according to the best of his judgment

(which was much superior to that of his most virulent persecutors) he

always had at heart, affected his spirits and evidently accelerated his

death."[153] Mr. Oliver was now advanced in life, and unable to endure

the disquiet and misery caused by his position in affairs at so troubled

a period, soon sunk under the burden. After a short illness he died at

Boston in March 1774, aged 67. By the testimony of foes as well as

friends, he was a most useful and estimable man, modest, indefatigable,

well-cultured, soundly sensible. He had been the most beloved member of

a family greatly beloved, and no charge could be brought against him

except that in his political principles he sided with the Government. He

was a liberal benefactor to his ALMA MATER in books, ancient

manuscripts, and anatomical preparations. At his funeral the mob was

again in evidence. The House of Representatives withdrew from the

procession because a certain punctilio was neglected. The mob of Boston

ran after the funeral train hooting and in an unseemly way hilarious,

gave three cheers when the mourners came out of the graveyard, his

brother the Chief Justice, intrepid as he was, did not dare to be

present, because his life was threatened. Had he died before this

violent spirit was raised, he would have been revered by all orders and

degrees of men in the Province.

[152] See page 162, 163 concerning Hutchinson and other letters

abstracted by Franklin.

[153] Curwin's Journal, pp. 462, 463.

He was a man of large wealth for those days. The inventory of his real

estate was as follows:

The Mansion House and Buildings situated near Fort Hill.

The Brick School House near Griffin's Wharf.

A Warehouse on Long Wharf.

A right in said Wharf.

The Buildings and Land etc., on Oliver's Dock.

A Brick House on Union Street with a small Wooden Shop adjoining and

Land belonging thereto.

A Dwelling House and about three Acres of Land at Dorchester.

[Illustration: ANDREW OLIVER MANSION, WASHINGTON STREET, DORCHESTER.

Lieutenant Governor of Massachusetts, 1770-74.]

The last named building is the only one now in existence, and the

following description of it at the time of writing, may be interesting

to the reader.

Lieut. Governor Oliver's country house in Dorchester is situated on the

corner of Washington and Park streets. In the old deeds it is described

as being "On the Road leading to Milton." The house appears the same as

in the olden times. Not one whit has the estate changed outside of the

interior of the great house. The broad acres that surround it still

spread out before and behind it, the same drives are lined with great

English Elms as in the old days; no finer old mansion house of the

colonial period is to be found in New England, none is richer in

memories of olden times. Here Lieut. Gov. Andrew Oliver entertained the

finest of the land, where gentlemen in powdered wigs and ladies in fine

old silks used to dance the minuet, and where the negro slaves used to

be happy in their own way. It was sold by John J. Spooner, administrator

of the estate of Andrew Oliver, to Col. Benjamin Hichborn, and was used

by him as a summer residence. In 1817 it went into the hands of his

brother, Samuel Hichborn, who entertained there Gen. Lafayette, and

Presidents Jefferson, and Munroe. For many years it was owned and

occupied by the famous chocolate manufacturer, Walter Baker. At the

decease of Mrs. Baker, it was purchased by the Colonial Club who now

occupy it as a club house.

THOMAS OLIVER.

LIEUTENANT-GOVERNOR OF MASSACHUSETTS, 1774-1775.

Thomas Oliver was born in Antigua and graduated at Harvard College in

1753, he was the son of Robert Oliver, a wealthy planter from Antigua

who settled in Dorchester. His parentage is unknown, there were Olivers

in Dorchester as early as 1637, and he may have descended from

them.[154] He brought with him from Antigua his wife Anne and one son,

Thomas, the subject of this notice. He purchased a number of pieces of

land of which 30 acres had been the property of Comfort Foster, on this

homestead lot he built in 1745 a fine mansion, on what is now known as

Edward Everett square. Tradition records, that he brought many slaves

with him, and when they were given wheelbarrows in which to carry the

dirt, in ignorance of their proper use they carried them upon their

heads, in just the same manner as the writer has seen negroes at the

present time carry burdens on their heads on the "Pope's Head" estate in

Antigua where these slaves came from. In Dorchester Robert Oliver had

born to him sons, Isaac and Richard, and a daughter, Elizabeth, who

became the wife of John Vassall, Jr. He died December 20, 1762. "The

Post Boy" contained the following brief obituary: "Thursday morning

last died at his seat in Dorchester, in the 63d year of his age, Col.

Robert Oliver. A Gentleman of extensive Acquaintance, remarkable for his

Hospitality to All, was kind to the Poor, and in his Military Character,

beloved and esteem'd, his Family and Neighbours, have met with a great

Loss in this Bereavement; His Remains are to be interr'd Tomorrow at 3

o'clock in the Family Tomb at Dorchester." About two years before this

Thomas, his eldest son, had married Elizabeth, daughter of Col. John

Vassall of Cambridge, making a double connection by marriage between

these two families. Closely allied with them by marriage were the

Royalls, all three families being probably originally of New England,

then resident in Antigua and Jamaica, and returning here to enjoy their

acquired wealth. All three families built houses which have lasted to

our time: Royall in Medford, Vassall in Cambridge and Oliver in

Dorchester.

[154] Sabine says Dorchester. Dorchester Record says Thomas Oliver, the

son of Robert Oliver, Esqr., and Ann, his wife, was born Jan. 5, 1733-4

at ye Island of Antigua.

Thomas Oliver remained for several years in Dorchester after his

father's death. He inherited a large estate from his grandfather, James

Brown, and from his great-uncle, Robert Oliver. He then began life under

the most favorable auspices. His father-in-law was John Vassall of

Cambridge, who married the daughter of Lieutenant-Governor Spencer

Phips. Being a man of fortune he did not mingle in the stormy political

contests of that period until a day fatal to his peace and quiet, when

he accepted the office of Lieutenant-Governor. He has been represented

as a mild, peaceable person, and gentlemanly in deportment. In 1766 he

removed to Cambridge and built the fine mansion recently occupied by

James Russell Lowell. He sold his Dorchester mansion to Richard

Lechmere, who was the uncle by marriage of Oliver's wife, he having

married May Phips, whose sister Elizabeth married Col. John Vassall, who

died in 1741. In 1771 the mansion passed into the hands of John Vassall,

a son of the Colonel, who was a Loyalist, and his property was

confiscated. It was sold by the State to John Williams; it afterwards

passed into the possession of Oliver Everett in 1792, and here his son

Edward Everett was born in 1794. The house was torn down in 1900 and the

square in front of it, previously known as the Five Corners, was named

Edward Everett Square. On the opposite side of the square on a part of

the same estate in a small park is situated a house built by one of the

earliest settlers, about 1640, owned and occupied by the Dorchester

Historical Society.

Thomas Oliver was the last Royal Lieutenant-Governor and President of

the Council of Massachusetts. He received his appointment from the Crown

in 1774, after the decease of Andrew Oliver, who was of a totally

distinct family; it is understood that the King thought he was

appointing Chief Justice Peter Oliver, a brother of Andrew, a much more

active man in the politics of the times.

[Illustration: THOMAS OLIVER AND JOHN VASSALL MANSION, DORCHESTER.

It stood on the north side of Edward Everett square. A bronze tablet

marks its site. Edward Everett was born here April 11, 1794. (see p.

183.)]

His appointment as Councillor was by the King's writ of mandamus which

was held, was contrary to the charter. This made him an object of

popular resentment. He detailed the course pursued against him, in

consequence of being sworn into office in the following narrative dated

September 7, 1774, which as throwing light on the transaction of the

times is inserted entire:

"Early in the morning" (of September 2d), said he, "a number of

inhabitants of Charlestown called at my house to acquaint me that a

large body of people from several towns in the county were on their way

coming down to Cambridge; that they were afraid some bad consequences

might ensue, and begged I would go out to meet them, and endeavor to

prevail on them to return. In a very short time, before I could prepare

myself to go, they appeared in sight. I went out to them, and asked the

reasons of their appearance in that manner; they respectfully answered,

they 'came peaceably to inquire into their grievances, not with design

to hurt any man.' I perceived they were landholders of the neighboring

towns, and was thoroughly persuaded they would do no harm. I was desired

to speak to them; I accordingly did, in such a manner as I thought best

calculated to quiet their minds. They thanked me for my advice, said

they were no mob, but sober, orderly people, who would commit no

disorders; and then proceeded on their way. I returned to my house. Soon

after they had arrived on the Common at Cambridge, a report arose that

the troops were on their march from Boston; I was desired to go and

intercede with his Excellency to prevent their coming. From principles

of humanity to the country, from a general love of mankind, and from

persuasions that they were orderly people, I readily undertook it; and

is there a man on earth, who, placed in my circumstances, could have

refused it? I am informed I am censured for having advised the general

to a measure which may reflect on the troops, as being too inactive upon

such a general disturbance; but surely such a reflection on a military

man can never arise but in the minds of such as are entirely ignorant of

these circumstances. Wherever this affair is known, it must also be

known it was my request the troops should not be sent, but to return; as

I passed the people I told them, of my own accord, I would return and

let them know the event of my application (not, as was related in the

papers, to confer with them on my own circumstances as President of the

Council). On my return I went to the Committee, I told them no troops

had been ordered, and from the account I had given his Excellency, none

would be ordered. I was then thanked for the trouble I had taken in the

affair, and was just about to leave them to their own business, when one

of the Committee observed, that as I was present it might be proper to

mention a matter they had to propose to me. It was, that although they

had a respect for me as Lieutenant-Governor of the Province, they could

wish I would resign my seat. I told them I took it very unkind that they

should mention anything on that subject; and among other reasons I

urged, that, as Lieutenant-Governor, I stood in a particular relation to

the Province in general, and therefore could not hear anything upon that

matter from a particular county. I was then pushed to know if I would

resign when it appeared to be the sense of the Province in general; I

answered, that when all the other Councillors had resigned, if it

appeared to be the sense of the Province I should resign, I would

submit. They then called for a vote upon the subject, and, by a very

great majority, voted my reasons satisfactory. I inquired whether they

had full power to act for the people, and being answered in the

affirmative, I desired they would take care to acquaint them of their

votes, that I should have no further application made to me on that

head. I was promised by the Chairman, and a general assent, it should be

so. This left me entirely clear and free from any apprehensions of a

farther application upon this matter, and perhaps will account for that

confidence which I had in the people, and for which I may be censured.

Indeed, it is true, the event proves I had too much; but reasoning from

events yet to come, is a kind of reasoning I have not been used to. In

the afternoon I observed large companies pouring in from different

parts; I then began to apprehend they would become unmanageable, and

that it was expedient to go out of their way. I was just going into my

carriage when a great crowd advanced, and in a short time my house was

surrounded by three or four thousand people, and one quarter part in

arms. I went to the front door, where I was met by five persons, who

acquainted me they were a Committee from the people to demand a

resignation of my seat at the Board. I was shocked at their ingratitude

and false dealings, and reproached them with it. They excused themselves

by saying the people were dissatisfied with the vote of the Committee,

and insisted on my signing a paper they had prepared for that purpose. I

found that I had been ensnared, and endeavored to reason them out of

such ungrateful behavior. They gave such answers, that I found it was in

vain to reason longer with them; I told them my first considerations

were for my honor, the next for my life; that they might put me to death

or destroy my property, but I would not submit. They began then to

reason in their turn, urging the power of the people, and the danger of

opposing them. All this occasioned a delay, which enraged part of the

multitude, who, pressing into my back yard, denounced vengeance to the

foes of their liberties. The Committee endeavored to moderate them, and

desired them to keep back, for they pressed up to my windows, which then

were opened: I could from thence hear them at a distance calling out for

a determination, and, with their arms in their hands, swearing they

would have my blood if I refused. The Committee appeared to be anxious

for me, still I refused to sign; part of the populace growing furious,

and the distress of my family who heard their threats, and supposed them

just about to be executed, called up feelings which I could not

suppress; and nature, ready to find new excuses, suggested a thought of

the calamities I should occasion if I did not comply: I found myself

giving way, and began to cast about to contrive means to come off with

honor. I proposed they should call in the people to take me out by

force, but they said the people were enraged, and they would not answer

for the consequences. I told them I would take the risk, but they

refused to do it. Reduced to this extremity, I cast my eyes over the

paper, with a hurry of mind and conflict of passion which rendered me

unable to remark the contents, and wrote beneath the following words:

'My house at Cambridge being surrounded by four thousand people, in

compliance with their commands, I sign my name, THOMAS OLIVER,' The five

persons took it, carried it to the people, and, I believe, used their

endeavors to get it accepted. I had several messages that the people

would not accept it with those additions, upon which I walked into the

court-yard, and declared I would do no more, though they should put me

to death. I perceived that those persons who formed the first body which

came down in the morning, consisting of the landholders of the

neighboring towns, used their utmost endeavors to get the paper received

with my additions; and I must, in justice to them, observe, that, during

the whole transaction, they had never invaded my enclosures, but still

were not able to protect me from other insults which I received from

those who were in arms. From this consideration I am induced to quit the

country, and seek protection in the town."

[Illustration: REVOLUTIONISTS MARCHING TO CAMBRIDGE.

To oblige Lieutenant-Governor Thomas Oliver to resign from the Council

Board.]

The document presented to Mr. Oliver on the 2d of September, and which

he signed, was as follows: "I, Thomas Oliver, being appointed by his

Majesty to a seat at the Council Board, upon, and in conformity to the

late Act of Parliament, entitled an 'Act for the better regulation of

the Province of Massachusetts Bay,' which being a manifest infringement

of the Charter rights and privileges of this people, I do hereby, in

conformity to the commands of the body of this county now convened, most

solemnly renounce and resign my seat at said unconstitutional Board, and

hereby firmly promise and engage, as a man of honor and a Christian,

that I never will hereafter, upon any terms whatsoever, accept a seat at

said Board on the present novel and oppressive plan of Government." To

this, the original form, he added the words above recited. Judge

Danforth and Judge Lee, who were also Mandamus Councillors and Mr.

Phipps, the sheriff, and Mr. Mason, clerk of the county, were compelled

to submit to the same body, and make written resignations.

Governor Oliver, as stated by himself, went into Boston, and made

assurances both to General Gage and to the Admiral on the station, which

prevented a body of troops from being sent to disperse the large body of

people who assembled at Cambridge on this occasion; and to these

assurances it was owing, undoubtedly, that the day passed without

bloodshed. But for the peaceable demeanor of those whom he met in the

morning,--the landholders of the neighboring towns,--the first collision

between the King's troops and the inhabitants of Massachusetts, would

have occurred, very likely, at Cambridge, and not at Lexington. A

detachment was sent to the former town the day before, to bring off some

pieces of cannon, and from this circumstance arose, principally, the

proceedings related by Governor Oliver. Indignant because the "redcoats"

had been sent upon such an errand, thousands from the surrounding

country assembled in the course of the day, (September 2d.) armed with

guns, sticks, and other weapons; and when the Lieutenant-Governor's

promise on his return from Boston, rendered it certain that they would

not be opposed by the troops, they exacted from every official who

lived at Cambridge full compliance with their demands, as has been

stated.

From this period Governor Oliver lived in Boston, until March, 1776,

when at the evacuation he accompanied the Royal Army to Halifax, and

took passage thence to England.

His mansion near Mt. Auburn is the house in which he resided at the time

he was mobbed by four thousand Disunionists. When Benedict Arnold with

his Connecticut Company arrived at Cambridge just after the fight at

Lexington, they were quartered in this house. After Bunker Hill the

house became a hospital and the dead were buried in the opposite field.

The mansion was afterwards the residence of Governor Gerry, and at a

later period was owned and occupied by Prof. James Russell Lowell, which

made it still more famous under the name of "Elmwood."

He was proscribed and banished in 1778 and in the year following was

included in the Conspiracy Act, and his large estate confiscated. Though

he forfeited his estates in Massachusetts, he was better situated

financially than most of his fellow sufferers, for he was wealthy from

his professions in the West Indies, still owned by his descendants. He

was a studious man and lived in retirement in England. He died at

Bristol, Nov. 29, 1815, aged 82, and left six daughters.

PETER OLIVER.

CHIEF JUSTICE OF MASSACHUSETTS.

Peter Oliver, son of Daniel Oliver and brother of Andrew Oliver, the

Lieutenant Governor, born in 1713, married Mary, daughter of William

Clark. His son Peter, Jr., married Sarah, daughter of Governor

Hutchinson. Peter Oliver, Sr., graduated from Harvard College in 1730.

He received the degree of L.L. D. He was appointed to the supreme bench

of the province, September 15, 1756.

An affair happened at the close of the year 1773, which drove Adams and

all his factions into madness. It was a grant from the King of a salary

to the judges of the Supreme Court. The Assembly had endeavoured to keep

the judges in absolute dependence upon their humor and because they

found them rather too firm to coincide with their views in the

subversion of government, they made them the object of their resentment.

The judges of the Court had the shortest allowance from the General

Assembly of any publick officers, even their Doorkeeper had a large

stipend. The judges' travel on their circuits were from 1100 to 1500

miles in a year. Their circuit business engrossed seven months of the

year during the extremes of heat and cold in a severe climate. For all

their service, the highest grant made to them was L120 sterling per

year, and it had been much less; the Chief Justice had L30 sterling

more.

His Majesty taking the cases of the judges into consideration, and from

his known justice and benevolence, ordered their salaries to be paid out

of his revenues in America, such salaries as would keep them above want,

and below envy. The judges upon hearing of His Majesty's intention of

such a grant had agreed to accept it, but four of them who lived at and

near the focus of tarring and feathering, the town of Boston flinched in

the day of battle, they were so pelted with soothings one day, and with

curses and threatenings the next, that they prudentially gave the point

up. The Chief Justice was now left alone in the combat, his brethren had

but lately been seated on the Bench. He had been 17 years in the

service, and had sunk more than L2000 sterling in it. He had offered not

to accept of the grant (if His Majesty would permit him to do so),

provided the Assembly would reimburse him one-half of his loss in their

service, and for this he would resign his seat on the Bench. The Chief

Justice very luckily lived at Middleborough, about 30 miles from Boston,

or perhaps he would have followed suit of his brethren in giving up the

King's grant. A message was sent to him by the Lower House signed

"Samuel Adams, Clerk," requiring him to make explicit answer whether he

would accept of the King's grant, or of their grant. He replied that he

should accept the King's grant. Nothing less than destruction now

awaited him. Col. Gardner, who was afterwards killed at Bunker Hill,

declared in the General Assembly, that he himself would drag the Chief

Justice from the Bench, if he should sit upon it.

The Assembly voted that he had rendered himself obnoxious to the people,

as an enemy, and immediately presented a petition for his removal.

Articles of impeachment for high crimes and misdemeanors were exhibited,

which Gov. Hutchinson refused to countenance. The grand jury at

Worcester on April 19th following, presented to the court a written

refusal to serve under the Chief Justice, considering it illegal for him

to preside until brought to answer to the above mentioned charges. He

became a refugee in 1775, and died at Birmingham, England, in October

1791, aged 79.[155] Of the five judges of the Superior Court of

Massachusetts at the commencement of the Revolution, four remained

loyal, viz., Peter Oliver, Edmund Trowbridge, Foster Hutchinson, and

William Browne. The Revolutionary member of the Court was William

Cushing. Judges at this time wore swords, ermine robes, etc., while on

the Bench.

[155] Curwin's Journal, p. 516.

DR. PETER OLIVER. Second son of Chief Justice Oliver, of Massachusetts,

graduated at Harvard University in 1761. He dwelt at Middleborough,

Plymouth County. He had practised in Scituate in early life, was one of

the eighteen country gentlemen who were driven into Boston and who were

Addressers of General Gage in 1775. He was proscribed and banished in

1778, and became a refugee in England, where he died at Shrewsbury, in

Sept. 1822, aged eighty-one.

DANIEL OLIVER, son of Chief Justice Oliver, a learned and accomplished

lawyer of Worcester County, graduated at Harvard College in 1762. A

refugee loyalist of the Revolution, he died at Ashted, Warwickshire, May

6, 1826, aged 82. His father was an antiquarian, and copied with his own

hand Hubbard's manuscript History of New England, which the son refused

the loan of to the Massachusetts Historical Society for publication in

their Collection.[156]

[156] Curwin's Journal, p. 510.

Sabine says that it was Doctor Oliver who refused to lend his copy or at

least to permit a transcript of such parts of it as were missing in the

American manuscript. In consequence, we have "Hubbard" mutilated at the

beginning, and at the end. At this time, 1814, when the Massachusetts

Historical Society with the aid of the Legislature desired to publish

that work, there was a very bitter feeling towards the United States on

account of the war at that time existing between the two countries.

ANDREW OLIVER of Salem, son of Lieutenant Governor Oliver, graduated at

Harvard College in 1749. Studied law. Was often a representative to the

assembly and a judge of the Court of Common Pleas. He was one of the

founders of the American Academy of Arts and Sciences, and a member of

the American Philosophical Society at Philadelphia; he was considered

one of the best scholars of his day, and possessed fine talents. Judge

Oliver was never fond of public life, but ardently attached to his books

and friends. He was honored with a commission of mandamus councillor,

which he declined. He married Mary, daughter of Chief Justice Lynde, and

many of his descendants are now living here, for although Judge Oliver

was a loyalist, he was the only member of his family that was not driven

out of his country in consequence of the Revolution.

PETER OLIVER of Salem, the son of Lieutenant Governor Andrew Oliver, was

an Addresser of Gage in 1775 and was proscribed and banished in 1778. He

became a surgeon in the British Army, and died at London in April, 1795.

His widow afterwards married Admiral Sir John Knight, and died in 1839.

BRINLEY SYLVESTER OLIVER, another son of Andrew Oliver, graduated at

Harvard in 1774. Later became a surgeon in the British service; was also

purser on the Culloden at the battle of the Nile. He died in 1828.

[Illustration: SIR FRANCES BERNARD

Born in 1712 at Brightwell England. Governor of Massachusetts from 1760

to 1769. Died in England June 16, 1779. From Copley's painting in

Fiske's American Revolution.]

A third son, WILLIAM SANFORD OLIVER, in 1776 accompanied the Royal Army

to Halifax. He settled at St. John, New Brunswick, at the peace, and was

the first Sheriff of the county. His official papers are dated at Parr

or Parr-town, by which names St. John was then known. In 1792, he held

the office of Marshal of the Court of Vice-Admiralty of New Brunswick.

At the time of his death, he was Sheriff of the County of St. John, and

Treasurer of the Colony. He died at St. John in 1813, aged 62. His son,

William Sanford Oliver, was a grantee of St. John in 1783, but left New

Brunswick about 1806, and entered the Royal Navy. He rose to the

position of Captain and was married at Heavitree, in October, 1811, to

Mary Oliver Hutchinson, the daughter of Thomas Hutchinson, Jr., who

was brought to England in 1770 by her father and mother, when she was

but three years of age. He was put on the retired list in 1844, and died

in England the next year, aged 71.

SIR FRANCIS BERNARD.

GOVERNOR OF MASSACHUSETTS FROM 1760 TO 1769.

Sir Francis Bernard was descended from Godfrey Bernard of Wansford in

Yorkshire, who in the 13th century was a large landowner, whose clearly

defined armorial bearings were the first of the family entered in the

Heralds College.

Francis, the only child of the Rev. Francis Bernard was baptized July

12th, 1712, in the church of Brightwell in Berkshire. He was unfortunate

in losing his father three years later. He became a scholar of St.

Peter's College in 1725, and was admitted as a student to Christ Church,

Oxford, later. In 1733 he entered himself a member of the Middle Temple

and was called to the Bar in 1737, and soon after settled at Lincoln as

a provincial counsel. Four years later he married Amelia, daughter of

Stephen Offley, Esq., of Norton Hill, Derbyshire. In 1744 he was elected

Steward of the City of Lincoln and Deputy Recorder of Boston. In 1745 he

was appointed Receiver-General of the Dean and Chapter of Lincoln. In

1750 he was admitted Procter of the Consistory Court of the Diocese. The

years that Francis Bernard spent at Lincoln were probably some of the

happiest in his life. He was fortunate in his domestic relations, was

doing well in his profession, and his many accomplishments which were

always at the service of his friends, rendered him a general favorite in

society.

In 1758 Mr. Bernard decided to seek a larger field for the support of

his now large family. He was on intimate terms with the second Viscount

Barrington, and his brothers and sisters; they were his wife's first

cousins. It was thus through his influence that Francis Bernard received

the office of Governor of New Jersey. The new world afforded an opening

for his sons which meant much to the father. Mr. and Mrs. Bernard and

four of their children left England in April, 1758. On his arrival in

New Jersey, he entered into negotiations with the Indians. The war at

the time raged between England and France rendering the positions of the

Indians peculiarly important. By his address and tact he conciliated the

Indians, and kept them steadfast in their allegiance to England,

Governor Pownall of Massachusetts being appointed to South Carolina. Mr.

Bernard was appointed as his successor. His residence in New Jersey was

remembered as a time of happiness by the governor and his wife. His life

was gladdened by a sense of the good he was able to achieve, and he was

hopeful for the future, the page written by Thomas Bernard, his son, of

this period reads like a pleasant fairy tale, but it was soon ended.

Notwithstanding the supposed indignity offered to the colony of

Massachusetts by the appointment of three officers of State by the

Crown, the Constitution remained exceedingly democratic. Thomas Bernard

gives a sketch of its leading features in which he depicts the colony as

forming one of the freest communities in the world.

Governor Bernard reached Boston August 2nd, 1760. He was received with

great parade and ceremony. At Dedham he was met by Lieutenant-Governor

Hutchinson, several of the Council, and Brigadier-General Isaac Royal

and the troops escorted him to his residence at the Province House in

Boston. The Militia was drawn up in the main streets, and salutes were

fired from all the forts and ships in the harbor, and the Governor and

his family were entertained at a great dinner at Fanueil Hall, was then

escorted to the State House, and to the Kings Chapel where the Governors

were in the habit of attending.

Governor Bernard's nine years' administration in Massachusetts was

during one of the most interesting periods in American history. When he

arrived at Boston he found affairs on an apparently peaceful and

prosperous footing. He stayed till all was in turmoil, and left only

just before the storm broke. The first part of his administration was

very agreeable. Soon after his arrival Canada was surrendered. The

General Court in an address to the Governor declared that without the

assistance of England the colonies must have fallen a prey to the power

of France, and that without the money sent from England the burden of

the war would have been too great to bear. For this relief the colonists

gave warm thanks to the king and to parliament, and made the Governor a

present of the great island of Mount Desert, and voted a costly monument

in Westminster Abbey to Lord Howe, who had fallen in the campaign

against Canada.

Much harmony prevailed for two or three years, but this happy and

prosperous commencement did not continue. Governor Bernard was soon

classed with those who were desirous of strengthening the authority of

the government.

Shortly after Bernard's appointment, Chief Justice Sewall died on

September 11. He was a great loss to the Province and it was a

misfortune that his death occurred just at this time. Colonel Otis, as

he was generally called, desired to succeed to this office. It was

believed that he and his son were not friendly to the government.

Governor Bernard, who had no doubt studied the affairs in Massachusetts,

considered Colonel Otis to be wholly unsuited to the position of a Chief

Justice, and determined not to appoint him. Thomas Hutchinson, the

Lieutenant-Governor, an able and intelligent man, was appointed to the

important office of Chief Justice. Governor Bernard had at once realized

Hutchinson's qualities and said many years later, when they were both

living in England, that he had never repented appointing Hutchinson

Chief Justice.[157]

[157] Hutchinson's Diary & Letters. Vol. 1, p. 195.

Lynde, the senior judge, who did not care particularly to succeed

Sewall, appears to have been satisfied with the appointment of

Hutchinson, also Gridley, the leader of the Bar, and apparently all

possible rivals, save Colonel Otis. Hutchinson discharged the duties of

his new office in the most satisfactory manner. He proved himself to be

efficient, and always kind, as evinced by his special attention to the

claims of the helpless.

At this time, there were mutterings of a possible storm, and at this

critical moment, in October of 1760, George II died. Just previous to

his death Mr. Pitt, Secretary of State, sent a dispatch to the Governor

touching on the trade of England and her American colonies. The

organized system of smuggling that existed in the Colonies caused the

Custom House officers to apply for the "writs of assistance," that were

frequently employed in England.

So far the Governor's course had been hampered only by factious

opposition from the chief offenders, but this opposition assumed

formidable dimensions when the question of "writs of assistance" was

brought forward. The rights of the Custom House officers to demand such

help was tried before the Supreme Court of Massachusetts. "The verdict

was in their favor, but public opinion was strongly excited, and James

Otis, the lawyer who opposed the Custom House officers, gained great

popularity."[158] Notwithstanding Otis' eloquence, the case as already

said was decided against his clients on the point of law. Governor

Bernard was only performing his duty when he was active in promoting

seizures for illicit trade.

[158] Doyle's History of America, Ch. XVIII.

In speaking of his early life in Boston, Julia Bernard, Governor

Bernard's youngest daughter, mentions their home in Boston as "the

Government House." She says that they employed both black and white

servants, and speaks of the formalities that existed while the family

lived there. "In Boston, none of the family, grown up brothers excepted,

ever walked out in the town. We had a large garden, but it seemed rather

a confinement." She also speaks of her father's home at Jamaica Pond.

"This residence we usually moved to in May I think, and here we enjoyed

ourselves extremely. We ran pretty much at liberty; there was no form or

ceremony. My father was always on the wing on account of his situation.

He had his own carriage and servants, my mother hers; there was a town

coach, and a whiskey for the young men to drive about. I was used from a

child to ride on horseback, and from childhood none of us had any fear

of anything." Speaking of these days she says, they "all seemed great,

enlightened, and enjoyable."

In describing her parents Julia Bernard says: "My father, though not

tall, had something dignified and distinguished in his appearance and

manner; he dressed superbly on all public occasions. My mother was tall,

and a very fine woman. Her dresses were ornamented with gold and silver,

ermine, and fine American sable."

The Province House was visited about the middle of the nineteenth

century by Nathaniel Hawthorne, who has written interesting but

melancholy pages on the subject.[159]

[159] For description of House, see "The Bernards of Abington and Nether

Winchendon," by Mr. N. Higgins, Vol. I. p. 285.

The Province or Government House occupied by Sir Francis Bernard was

situated nearly opposite the head of Milk street. It was purchased by

the Colonial Legislature in 1716, of the widow of Peter Sargent, who

built it. It was a magnificent building, no pains had been spared to

make it not only elegant, but also spacious and convenient. It stood

back some distance in its ample lot, and had the most pleasant and

agreeable surroundings of any mansion in town. It was of brick, three

stories in height, with a high roof and lofty cupola. The house was

approached over a stone pavement and a high flight of massive stone

steps, and through a magnificent doorway. Two stately oaks of very large

size, reared their verdant tops on either side of the gate separating

the grounds from the highway, and cast a grateful shade over the

approach, through the beautiful grass lawn in front of the mansion.

After the evacuation of Boston the Province House and all other

Government property was confiscated and became the property of the

State. In 1811 the State gave the property to the Massachusetts General

Hospital who leased it for ninety-nine years. Stores were erected in

front of it. In 1864 it was destroyed by fire and only the walls are all

that remain of the Old Province House. The engraving shown here was made

from a sketch of it taken a short time before it was leased and altered.

The Royal Arms, and the Indian vane are on exhibition in the Old State

House.

Sir Francis Bernard's country mansion was situated on the southwest side

of Jamaica Pond, fronting on Pond street, now a part of the Boston Park

system. This was and still is a most lovely spot. The mansion house was

surrounded with an estate of sixty acres. Here, but for the gathering

clouds which darkened the political horizon, the remaining years of this

scholarly and able representative of the government might have been

passed in the enjoyment of all that seemed the most enjoyable in life--a

delightful home, set in a lovely landscape, and the esteem and regard of

the people he had governed. His extensive and beautiful grounds were

filled with choice fruit trees, plants and shrubs including one hundred

orange and lemon trees besides fig, cork, cinnamon and other rare

exotics.

[Illustration: OLD PROVINCE HOUSE.]

After Bernard went to England, it was occupied by the second Sir William

Pepperell, until he too was driven out by the disunionists. Then came

the siege and the occupation of loyalist dwellings by the

revolutionists, this being the quarters of Col. Miller of Rhode Island,

in the summer of 1775. Afterwards it was used as a hospital for the camp

at Roxbury. The soldiers who died were buried on elevated ground some

distance back from the buildings. The governor's hot house was taken by

Major Crane and converted into a magazine for the artillery. Confiscated

by the State in 1779, it was bought by Martin Brimmer, a Boston

merchant, who died here in 1804. Capt. John Prince purchased it in 1806,

in 1809 took down the old house, a part of which had stood one hundred

and forty-one years, and no doubt many a bumper of good wine had been

drunk to the health of the seven sovereigns of Great Britain, who had

reigned during that period.

Captain Prince made a road through the property from Pond to Perkins

street, now known as Prince street; the whole estate was divided up into

good sized building lots, on which many elegant residences have since

been erected. In front of one of them are some fine large English elms

probably planted by Gov. Bernard. One of them measures twenty-five feet

in circumference.[160]

[160] The Town of Roxbury. Francis S. Drake.

Governor Bernard soon after his arrival in Massachusetts became much

interested in Harvard College, and his interests extended far beyond the

formalities required of him in his official capacity. "Having regard to

the Governor's delight in Latin verse, it is not surprising that he

should have endeavored to refine and soften the somewhat rugged type of

student which Harvard then produced." He suggested that the college

should follow the custom established in the English universities, of

writing poetical tributes in commemoration of public events. Thirty-one

poems were written. Of these nine were by the Governor himself in Greek

and Latin, and the others owed their existence to the stimulus of prizes

offered by him. It was a difficult undertaking for him to start this

custom. A recent writer (Mr. Goddard) styles this volume, indeed, "the

most ambitious typographical and literary work attempted on the

continent previous to the Revolution, etc."

Governor Bernard's interest and exertion for the development of the

material resources of his province should have won him lasting

gratitude. He encouraged with all his power the manufacture of potash,

the cultivation of hemp and flax on waste lands, and the carriage of

lumber to British markets.

The Province prospered under Bernard during these years preceding the

Stamp Act, and peace came through his ability and guidance. Mr.

Hutchinson writes: "If at the expiration of that term he had quitted the

government, he would have been spoken of as one of the best of the New

England Governors." His son Thomas, also remarked upon his popularity

during these five out of the nine years he presided as Governor of

Massachusetts. The House of Representatives, conscious that Mr. Bernard

had expended a considerable sum of his own money in improving the

castle, and for other public benefits, passed a resolution that the

island of Mount Desert, lying on the northeastward of Penobscot Bay, be

granted to him and his heirs and assigns. The Council at once concurred

in the grant. The confirmation of the Assembly's grant of Mount Desert

was contained in a letter from the English Lords of Trade, dated May 21,

1763.

In July, 1763 [writes Thomas Bernard], orders were transmitted to the

American Governors for carrying into strict execution the laws of trade,

at the same time notifying the new authority which had been delegated to

commanders of the King's ships stationed in America, to seize all

vessels concerned in any prohibited commerce. These were followed by

further orders for improvement of the revenue, and for suppression of

all clandestine and illicit trade with foreign nations; with directions

for the Governors to transmit such information as they had to

communicate on the subject.[161]

[161] Life of Sir Francis Bernard.

Governor Bernard was compelled in the discharge of his official

functions to enforce these commands, but he lost no time in

remonstrating. His letter to the Earl of Egremont, Secretary of State,

contains a plea for the indulgence granted, or tacitly allowed up to

that time, with regard to wine and fruit, especially lemons, which he

considered necessary to health in the climate of Massachusetts. This

letter was followed by another addressed to the Lords Commissioners for

Trade and Plantations, in which he entreats that the duties imposed by

the Molasses Act may at least be reduced in the interest of England as

well as of America, since it had been, and would be evaded, and its end

to a large extent defeated. He continues: "this Act has been a perpetual

stumbling block to the Custom House officers, and it will be most

agreeable to them to have it in any way removed."[162]

[162] "The Bernards of Abington and Nether Winchendon," by Mr. Napier

Higgins.

It was not until Bernard left America that the colonists knew of his

protest to the government. A large number evidently were satisfied at

his good will and perhaps suspected that he interceded in their favour,

so their regard for him survived the trial of the new orders from

England.

In the midst of this agitation, the smallpox broke out in the capital,

and the Governor was compelled to move the General Assembly to

Cambridge. Here in January, 1764, another misfortune occurred. Harvard

Hall was burned to a heap of ruins, the only one of the ancient

buildings which still remained. Of five thousand volumes, only a hundred

were saved, and of John Harvard's books, but a single one.

The Governor at once appealed to the Assembly and obtained a vote for

reconstruction. He set the example of contributing towards a new library

by the gift of some of his own books; he also drew the architectural

design for the new building and superintended its execution.

Subscriptions were made both in England and America for the erection of

the new hall.

In June 1763, a confederation of several Indian tribes had suddenly and

unexpectedly swept over the whole western frontier of Pennsylvania and

Virginia, had murdered almost all the English settlers, and through

unusual skill captured every British fort between the Ohio and Lake

Erie, and had closely blockaded Fort Detroit and Pittsburg. After

desperate fighting, the troops under Amherst succeeded in repelling the

invaders and secured the three great fortresses of Niagara, Detroit and

Pittsburg. The severe fighting appears to have been done by the English

troops. Massachusetts seemed to be fatigued from the late war and could

give no help when aid was asked. Connecticut finally sent 250 men. Peace

was signed in September, 1764, the war having lasted fourteen months,

months of extreme horror. The credit of the war belonged to the English

soldiers, another great service rendered to the colonies by England.

England felt that the colonies should help share the great expense of

the late wars. George Grenville as First Lord of the Treasury, and

Chancellor of the Exchequer, signalized his period of administration by

the Stamp Act. On the 10th of March the House of Commons on the motion

of the Minister, passed a variety of resolutions respecting certain

duties on foreign goods imported into the British colonies of America.

Grenville remarked in his honest way to the colonial agents in London,

"I am not, however, set upon this tax. If the Americans dislike it, and

prefer any other method, I shall be content. Write therefore, to your

several colonies, and if they choose any other mode, I shall be

satisfied, provided the money be but raised."[163]

[163] Samuel Adams (Hosmer) Ch. VI.

The British Government gave the colonies a year to deliberate, and the

House of Representatives trusted Governor Bernard to plead for the

colonists. When the members met again on January 10, 1765, the Governor

honestly stated how much he had done. On January 14 began in the British

Parliament the vehement and eloquent debates, ending in a majority of

both Houses declaring in favour of the Stamp Act. The Ministry seems to

have paid no attention to Governor Bernard's suggestion. His "Principles

of Law and Polity" were ignored and also the Petition of the Assembly.

On March 22, 1765, the Stamp Act received the Royal Assent, and England

and her colonies were divided.

When the Colonists learned that the hated act had been passed, they

became defiant. Riots soon took place in Boston, and Secretary Oliver,

who was appointed by the British government as Stamp Distributor, was

hung in effigy. This was during the summer of 1765 when the first cargo

of stamps was daily expected. Then came the attack upon Mr. Oliver's

house, and the complete destruction of Mr. Hutchinson's home.[164]

[164] For further information concerning the Stamp Act, see pp. 40, 41,

42.

During the warm months the Governor and his family were in the habit of

residing at the castle. They were there when the stamps were expected

and during the riotous times in Boston. The night that Hutchinson's home

was destroyed seems to have made a deep impression on Julia Bernard,

then in her sixth year. She afterwards wrote:

"While the family was resident at Castle William, my father came one

night in his barge from Boston and brought Lieutenant-Governor

Hutchinson, his sister, and two daughters, whom he had thus rescued from

the fury of the mob. They had forced the house; the family fled for

their lives; my father's barge was in waiting for him and he took them

under his protection. The house was stripped of everything, and pulled

down that night. They had nothing but what they had on. I can remember

my mother getting them out clothes, and ordering beds to be prepared.

Terror and distress sat upon their countenances."

Governor Bernard assured the people he had their interest at heart, but

his road was a difficult one, and he was greatly worried over the

performance of his duty. Because he represented the government, he was

abused and insulted, and finally felt that he had no real authority, but

was totally in the hands of the people. His son quotes his father's

words: "Although I have never received any orders concerning the Stamp

Act until this day, nor even a copy of the Act, I have thought it my

duty to do all I could to get it carried into execution. And I must say

in so doing I have exerted all possible spirit and perseverance.... I

have made great sacrifices to his Majesty's service upon this occasion.

My administration, which before was easy, respectable, and popular, is

rendered troublesome, difficult, and dangerous, and yet there is no

pretext to charge me with any other offence than endeavoring to carry

the Stamp Act into execution; but that is here an high crime never to be

forgiven." The struggle was carried on without intermission, but towards

the end of April, Boston was delighted by the news of the repeal of the

Stamp Act. "Letters published in England," writes Hutchinson, "Allowed

that Governor Bernard's letters to the Ministry, and the petition from

the Council and House in 1764, which had been drawn by the

Lieutenant-Governor, forwarded the repeal. But they had no merit with

the prevailing party, because they solicited the repeal as a matter of

favour, and not as a claim of right."

Great rejoicings now took place in the city and for a while Governor

Bernard's life became a little easier.

In August 1768, the King offered the Governor a Baronet's title, which

he accepted. Rule and order was vanishing in Massachusetts. On September

28, 1768, two regiments from Halifax with artillery, arrived off Boston,

and the vessels which brought them, cast anchor in Nantasket Roads, a

few miles below Castle William. The troops were landed on Saturday,

October 1, and on Saturday, October 15, General Gage arrived with his

officers to look after the quartering of the troops himself, a difficult

problem to solve in this divided community. Thus was the Governor

placed, trying to fulfil his duty to England, and yet always with the

best interest of the people at heart. Commodore Hood wrote to Mr.

Stephens, Secretary to the Admiralty on November 25, 1768, stating that

"The General [Gage] and Governor Bernard have been lately burnt in

effigy, in a most public manner."

All through the next winter a fierce controversy raged in the newspapers

regarding England and her colonies. Samuel Adams was the most prolific

and forcible writer, and his contributions went also to newspapers at a

distance. In the spring of this year the Governor became "Sir Francis

Bernard of Nettleham, in the county of Lincoln, Baronet." The patent

bears the date April 5, 1769. The King had ordered the expense of the

patent to be paid out of his privy purse, and this according to the

Governor's son, was a compliment seldom offered.

The grant of the baronetcy was accompanied by an order summoning Sir

Francis Bernard to proceed to England and there report on the state of

his province. Ere long the Governor and the whole body of loyalists were

struck with consternation by the intelligence that General Gage had

ordered the removal of the troops from Boston. They considered this

extremely dangerous.

On the 4th of January, 1770, a town meeting was held by which every one

was declared an enemy who had in any way assisted in obtaining or

retaining troops. Sir Francis Bernard was making preparations for his

departure, and this of course, was intended as a parting shot. He

yielded to the advice of friends to attend the Harvard Commencement as

usual and Mr. Hutchinson says that, "When he had gone through it without

any insult worth notice from the rude people, who always raise more or

less tumult on that day, he thanked his friends for their advice." It is

satisfactory to think that his last public appearance in Massachusetts

was at Harvard, the institution he had always felt such a deep interest

in.

A few days before the Governor departed, he received a circular from the

Earl of Hillsborough announcing the intended repeal of the duties on

glass, paper and paint, and one of his last acts of administration

consisted in making this intention known, and the assurance of the good

will of the British Government for the American colonies. Governor

Bernard then bequeathed the administration to Lieutenant-Governor

Hutchinson and made his last farewells.

"He embarked on board the Rippon, a man-of-war ordered from Virginia to

convey him, and sailed for England. Instead of the marks of respect

commonly shown, in a greater or less degree, to governors upon their

leaving the province, there were many marks of public joy in the town of

Boston. The bells were rung, guns were fired from Mr. Hancock's wharf,

Liberty Tree was covered with flags, and in the evening a great bonfire

was made upon Fort Hill."[165] The Governor sailed on August 1, 1769, a

sad ending to nine years of laborious and anxious administration.

Perhaps there were some staunch friends with him to the last in whose

sympathy he found consolation for sights and sounds which must have

jarred upon his feelings, and were of set purpose arranged to aggravate

his sorrow in parting, for an indefinite time, from his nearest and

dearest. Hosmer, the biographer and eulogist of Samuel Adams, speaks of

Francis Bernard as "an honourable and well-meaning man, and by no means

wanting in ability."

[165] Hutchinson Hist. Mass., Vol. III., p. 253.

Thomas Bernard, who accompanied his father, states that he was

graciously received in England and by George III. A petition arrived

from the colonies asking for a new governor, it concludes:

"Wherefore we most humbly entreat your Majesty that his Excellency Sir

Francis Bernard, Baronet, may be forever removed from the government of

this province, and that your Majesty would be graciously pleased to

place one in his stead worthy to serve the greatest and best Monarch on

earth."

The Governor's resignation soon followed. His life was filled with much

anxiety for the financial welfare of his family as during his eleven

years of residence in America, his private fortune had not been

increased. He received a pension, but many troubles arose which greatly

taxed his physical and mental strength. Mrs. Bernard and the remaining

members of her family, moved from their country home at Jamaica Pond,

which was afterwards occupied by Sir William Pepperell, to a new

residence called the Cherry House, which the Governor caused to be built

on a lot of land containing about 30 acres on the "Road leading to

Castle William" at Dorchester Neck, now South Boston. The Governor

probably selected this location on which to build his house on account

of its nearness to Castle Island, to which he and his family could take

refuge in case of mob violence.[166] John Bernard's name continued for

some time to head the list of proscribed traders and his position,

entailing loss, insult, and even danger, must have been a constant

source of apprehension to his relatives. After learning that her husband

had definitely resigned, Lady Bernard prepared to join him in England.

Many of their household possessions were sold at the Province house on

September 11. Just before the vessel sailed, young Francis Bernard died

November 20, 1770, at the age of twenty-seven, and is probably buried

beside his brother Shute in the burial ground of the King's Chapel at

Boston. Mrs. Bernard was accompanied by four of her children, Amelia,

William, Scrope and Julia.

[166] One lot of 261/2 acres was purchased of John Baker et al. in

1762. Lib. 98, Fol. 113. Another lot adjoining same, of 3 acres of James

Baker in 1764. Lib. 102, Fol. 39. During a raid made by the "Ministerial

Troops" from the Castle on Feb. 13th, 1776, nearly all the houses on the

Neck were burnt; among them was "An House and Stable and Barn belonging

to Francis Bernard burnt; valued at L100.00," also damage done "by our

Soldiers," L40.00. (See New Eng. Gen. Reg. Jan. 1897.) This tract of

land extended from Fourth street (Way leading to Castle William) to

Dorchester Bay, M street running through the center of it. The writer's

father in 1858 purchased a portion of this land, and it was here he

spent his boyhood days. After the war another house was erected on the

site of the one burnt; its location was on Fourth street between M and N

streets. The writer remembers that a boyhood companion that lived there

picked up in the garden an English guinea.

Sir Francis took a house in the vicinity of Hampstead and for a while

the family was united, the children from America joining those in

England. The two youngest had never seen their eldest sisters, Jane and

Frances, who had remained in the mother country. A short time later, Sir

Francis suffered from a paralytic stroke and his recovery was partial

and imperfect. Realizing this, he applied for leave to resign his

appointment to Ireland, having been appointed to the Irish Board of

Commissioners. This was granted him in 1774, and his former pension

restored to him. The vigor of his mental faculties is evinced by the

fact that on July 2, 1772, he went to Oxford and received the degree of

D. C. L. and from Christ Church the honour of having his picture by

Copley among other illustrious students in the Hall of that society.

After a stay at Nether Winchendon, the family removed to the Prebendal

House at Aylesbury, and now for a short period enjoyed comparative

peace. The colonies were in open revolt. Soon after Governor

Hutchinson's arrival in England, he resumed his habits of friendly

intercourse with Sir Francis Bernard and his family. Thomas Bernard

studied for the Bar, and William and Scrope were sent to Harrow. Jane,

the eldest daughter, married Charles White, a barrister, in 1774. Fanny,

the third daughter, became greatly attached to her newly found sister

Julia, and proved herself very capable with her pen. Scrope later

entered Christ Church at Oxford and William embarked for Canada. John

left England for America probably in 1775. William, who was a Lieutenant

in the army, was drowned before reaching Canada. He was on board a

provision ship bound for Quebec which took fire, and he, with some

others, took to a boat which overset and they all were drowned. This

cast a gloom over the family, from which the father and mother never

fully recovered.

A London visit of Sir Francis and Lady Bernard in March, 1777, is

mentioned by Governor Hutchinson.

"8th.--Sir Francis and Lady came to town last evening, and dined with us

to-day, with Paxton, Dr. Caner, Chandler, and Boucher."

Later came Lady Bernard's death and Hutchinson in his "Dairy," 1778,

says:

"2nd.--Lady Bernard died last week, the 20th. [May], at Aylesbury.

Paxton was there on a visit. She had been in poor health several months,

but took an airing the day before the night in which she died, or rather

towards morning."

This remarkable woman was married to Sir Francis Bernard thirty-seven

years and had shared every vicissitude of his career. She had felt the

cares of his agitated public life in America and had seen him gradually

broken down by much trouble, not the least of which was the final blow

received in England at the hands of supposed friends.

Thomas, who was now eight and twenty, relieved his father from business

cares, and became a worthy head to the family. News reached England of

the act of banishment. John Bernard had reached America before the

Declaration of Independence and lived in a remote part of Maine, but his

name does not appear among the proscribed. News of the Confiscation Act

did not reach Sir Francis before his death, and Thomas says that his

last days were free from anxiety on that ground. He died believing in

the honesty of America.

The engagement of Julia Bernard about this time to the Rev. Joseph

Smith, brought a gleam of happiness into the family.

On June 21, Hutchinson writes:

"A gentleman, who knew me and asked how I had been since he last saw me,

informed me Saturday morning, as I was taking my morning walk, that he

went to Aylesbury a day or two before, and that Sir Francis Bernard died

Wednesday night, the 16, [1779], which has since been confirmed."

He suffered from several complaints, and an epileptic fit more violent

than any he had had before, hastened the end. He died surrounded by his

children, within a month of completing his sixty-seventh year, and was

buried by the side of Lady Bernard in a vault under Aylesbury church.

Sir Francis Bernard's memory was held in high honor by his children, and

by none more tenderly than Thomas, his father's companion and confidant.

After his father's death, Thomas wrote:

"May his children contemplate with pleasure and confidence, the talents

and probity of their father, and, soothed with the memory of his

virtues, forget the return which those virtues have received! And may

they, by retracing the events of his life, strengthen and fortify their

minds, that if ever they should be called to such a trial as he

underwent, they may imitate him in the conscientious and honourable

discharge of their duty, and in integrity of life."[167]

[167] Life of Sir Francis Bernard, by One of his Sons.

SIR JOHN BERNARD, on the death of his father, succeeded to the Baronetcy

in 1779. When, in 1769, Sir Francis was recalled from the government, he

possessed a large landed estate in Maine of which the large island of

Mount Desert, which was given him by the Colony, and afterwards

confirmed by the Crown, was a part. He also owned Moose Island, now

Eastport, and some territory on the mainland. John, at the time of his

departure, had an agency for the sale and settlement of these and other

lands, and until the war commenced, was in comfortable circumstances. In

order to hold his property and prevent its confiscation, he remained in

the country, and therefore it could not be claimed that he was an

absentee, or a refugee, and as he did not take any part in the

controversy, it could not be claimed that he was an enemy to the new

government. His place of residence during the war appears to have been

at Bath, Machias, and at Pleasant Point, a few miles from Eastport. An

unbroken wilderness was around him. The only inhabitants at the head of

the tidewater of the St. Croix were a few hunters and Indians. He lived

in a small hut built by himself, with no companions but a dog.

Robbinston and Perry were uninhabited, Eastport contained but a single

family, yet at the spot now occupied by the remnant of the Passamaquoddy

Indians, he attempted to make a farm. He had been bred in ease and

refinement, had hardly done a day's laborious work in his life, yet he

believed he could earn a competence by labor. He told those who saw him

that "other young men went into the woods, and made themselves farms,

and got a good living, and he saw no reason why he could not." But he

cut down a few trees, became discouraged, and after the confiscation of

the property of Sir Francis in 1778, he was in abject poverty, and the

misfortune of himself and family seemed to have unsettled his mind.

After the peace, he lived at Pleasant Point, and occasionally went to

Boston. His abject condition in mind and estate rendered him an object

of deep commiseration, and his conduct during hostilities having

entitled him to consideration, the Legislature of Massachusetts restored

to him one half of his father's estate, which included one half of the

island of Mount Desert, and an estate in Boston consisting of wharves,

land, and flats, which he sold for L600 to Wm. Allen. Of his subsequent

history while he continued in the United States, but little is known.

Later in life he held offices under the British Crown at Barbadoes and

St. Vincent. He died in the West Indies in 1809 in his sixty-fifth year,

without issue, and was succeeded by his brother Thomas.

SIR THOMAS BERNARD, the third surviving son of Sir Francis, succeeded

his brother John to the Baronetcy. He took his degree from Harvard

College in 1767. After he took up his residence in England, much of his

time was devoted to institutions of benevolence in London, and he wrote

several essays with a design to mitigate the sorrows, and improve the

condition of the humbler classes of English society. The University of

Edinburgh conferred on him the degree of Doctor of Laws. He married a

lady of fortune who died in 1813 while preparing to go to church.

Sir Thomas' account of his father's life makes him stand out perhaps the

most prominent of Sir Francis' children. His death occurred in England

in 1818. The Baronetcy of Sir Francis Bernard now stands in the name of

Morland.

The following is a list of Sir Francis Bernard's confiscated property in

Suffolk County situated in what is now South Boston, and Jamaica Plain,

together with the name of the purchasers. He had also much property in

Maine, including one half of Mount Desert island, that was confiscated.

CONFISCATED PROPERTY OF SIR FRANCIS BERNARD SITUATED IN SUFFOLK COUNTY.

To Martin Brimmer, Aug. 18, 1779; Lib. 130 fol. 178; Farm, 50 A.,

mansion house and barn in Roxbury, highway to Benj. Child S.E.;

Jamaica Pond N.E.; Joseph Winchester N.W.;, Samuel Griffin and

school lands S.W.; the hill N.; Samuel Griffin W.; S W; W. and

S.W.--Wood lot in Roxbury, 12 A. 3 qr. 36 r., Sharp and Williams S;

land of heirs of William Douglas deceased W.; land of heirs of

Edward Bromfield deceased N. land of heirs of Elizabeth Brewer

deceased E.----Wood lot in Roxbury, 2A. 1 qr 17 r, highway W.:

Capt. Baker S.; John Harris E.; Mr. Walter N.----Salt marsh in

Roxbury, 3 A. 1 qr., John Williams S., creek N.W.; Robert Pierpoint

N; creek to Dorchester E.

To William Allen, Jan. 2, 1781; Lib. 132 fol. 76; Land in

Dorchester, 25 A. 3 r., road to Point of Dorchester Neck N.; land

of town of Dorchester and Richard Withington deceased E; said

Withington, James Baker, Samuel Blake deceased and James Blake S.;

Jonathan [Clap] W.----Salt marsh in Dorchester. 2 A. 3 qr., Sir

Francis Bernard N.; salt marsh of Richard Withington deceased E.;

James Blake W; the sea S.

SIR WILLIAM PEPPERELL.

BARONET OF KITTERY, MAINE.

William Pepperell was a native of Tavistock near Plymouth in Devon, who

at the age of twenty-two, about the year 1676, emigrated to the Isle of

Shoals, and became a fisherman. He acquired property and removed to

Kittery on the mainland, where he died in 1734, leaving an only son of

his own name, who continued the business of fishing, amassed great

wealth, and arrived at great honors. It is interesting and instructive

to trace the rising steps of the Pepperell family, from a destitute

young fisherman to the princely affluence and exalted station, civil,

political, and military, to which his son arrived. It throws light upon

the early history of the infant colonies, the character of the early

settlers, the nature of their occupations, their commerce, the

condition, and relative importance of places of trade, and the influence

of the times, and events, in forming the character and shaping the

fortunes of the illustrious subject of this memoir. The name once so

celebrated, has in America long since become extinct, and but for its

record in the page of history, would ere this have passed into oblivion.

To account for this curious fact, it will be necessary to give a more

extended notice of the history of the family than would otherwise seem

necessary.

While a fisherman at the Isle of Shoals, Pepperell had frequent occasion

to sail to Kittery Point for the purpose of traffic, and for the

purchase and repair of boats. A shipwright there named John Bray

welcomed him to his home, and supplied his wants. He had a daughter

Margery, who had arrived at the age of seventeen when she first saw Mr.

Pepperell, who was smitten with her youthful charms. At the time of this

marriage Mr. Pepperell removed from the Shoals to Kittery Point, where

Mr. Bray gave him the site of the present Pepperell mansion. The south

part of this structure was built by him and the north part by his son

Sir William, who was born here in 1696, and here dwelt the two families

till the decease of the father in 1734, which left the son's family sole

occupants till 1759. The home has since been curtailed in its dimensions

by the removal of ten feet from each end of the building. It was during

this period of little more than half a century that the largest fortune,

then known in New England, was gradually accumulated. The principal

business of the Pepperells was done in the fisheries. They sometimes had

more than one hundred small vessels at a time on the Grand Banks.

Ship-building was also a very extensive branch of industry on the

Pascataqua, and its tributary streams. The Pepperells built many vessels

and sent them to the West India islands, laden with lumber, fish, oil,

and live stock, to exchange for cargoes of rum, sugar, and molasses, for

home consumption; others to European markets to exchange for dry goods,

wine, and salt, and to sell both vessel and cargo. To the Southern

colonies fish was sent in exchange for corn, tobacco, and naval stores.

Mills were erected by them on the small rivers, and lumber and

ship-timber, were floated down to Kittery Point, and Newcastle, to be

shipped to European and American ports.

Sir William was his only son. About 1727 he was elected a member of the

Council of Massachusetts, and held a seat in that body by annual

election for thirty-two years, until his death. He was also selected to

command a regiment of militia, and being fond of society, rich, and

prosperous, was highly popular, and possessed much influence. With a

vigorous frame, firm mind, and great coolness, when in danger, he was

well fitted for his residence in a country exposed to ferocious enemies.

The Treaty of Utrecht which secured Nova Scotia to the British Crown,

gave France undisputed right to Cape Breton. Here they built the city of

Louisburg at enormous cost, and protected it with fortresses of great

strength. The walls of the defences were formed with bricks brought from

France, and they mounted two hundred and six pieces of cannon. The city

had nunneries, and Palaces, gardens, and squares, and places of

amusement, and was designed to become a great capital, and to perpetuate

French dominion, and the Catholic faith in America. Twenty-five years of

time and six million dollars in money were spent in building, arming,

and adorning this city, "The Dunkirk of the New World." That such a plan

existed, at so early a period of our history, is a marvel, and the

lovers of the wonderful may read the works of Parkman which contain

accounts of its rise, and ruin, and be satisfied that "truth is

sometimes stranger than fiction."

The possession of this stronghold by the French was a source of

continual annoyance to the New England fishermen, and at last became

intolerable. Situated as it was directly off the fishing grounds, it

meant destruction to the fishing interest every time there was a war

with France. At last its capture was seriously conceived and undertaken.

Governor Shirley, in 1744, listening to the propositions made to him on

the subject, submitted them to the Legislature of Massachusetts, and

that body in secret session, the first ever held in America, authorized

a force to be raised, equipped, and sent against it, and the command was

conferred upon Colonel William Pepperell. His troops consisted of a

motley assemblage of fishermen, and farmers, sawyers, and loggers, many

of whom were taken from his own vessels, mills, and forests. Before such

men, and others hardly better skilled in war, in the year 1745,

Louisburg fell. The achievement is the most memorable in the Colonial

annals. For this great service Colonel Pepperell was created a Baronet

in 1746. After the fall of Louisburg, he went to England and was

presented at Court. In 1759 he was appointed Lieutenant-General. He died

the same year at his seat at Kittery, aged sixty-three years, and was

buried in the large and beautiful tomb erected in 1734 which was placed

near the mansion home. His children were two, Andrew, a son who

graduated at Harvard University in 1743, and died March 1, 1751, aged

twenty-five, and a daughter, Elizabeth, who married Colonel Nathaniel

Sparhawk. Lady Pepperell, who was Mary Hirst, daughter of Grove Hirst of

Boston, and granddaughter of Judge Sewall of Massachusetts, survived

until 1789. Mrs. Sparhawk bore her husband five children, namely

Nathaniel, William Pepperell, Samuel Hirst, Andrew Pepperell, and Mary

Pepperell. Sir William, her father, soon after the decease of her

brother, executed a will, by which after providing for Lady Pepperell,

he bequeathed the bulk of his remaining property to herself, and her

children. Her second son was made the residuary legatee, and inherited a

large estate. By the terms of his grandfather's will he was required to

procure an Act of the Legislature to drop the name of Sparhawk, and

assume that of Pepperell. This he did on coming of age, and was allowed

by a subsequent Act, to take the title of Sir William Pepperell,

Baronet. He received the honors of Harvard University in 1766,

subsequently he visited England, and became a member of the Council of

Massachusetts. In 1774 when that body was recognized under the Act of

Parliament, he was continued, under the mandamus of the King, and

thereby incurred the wrath of the disunionists, who at a county

congress, held at Wells, York County, Maine, on the 16th of Nov. 1774,

declared a boycott against him, and denounced him in the following

manner: "The said William Pepperell, Esq., hath, with purpose to carry

into force, Acts of the British Parliament, made with apparent design to

enslave the free and loyal people of this country, accepted, and now

holds, a seat in the pretended Board of Councillors in this Province, as

well as in direct repeal of the charter thereof, as against the solemn

compact of kings, and the inherent right of the people. It is therefore

Resolved, that said William Pepperell, Esq. hath thereby justly

forfeited the confidence, and friendship of all true friends to American

liberty, and with other pretended councillors, now holding their seats

in like manner, ought to be detested by all good men, and it is hereby

recommended to the good people of this country, that as soon as the

present leases made to any of them by said Pepperell, are expired, they

immediately withdraw all connection, commerce, and dealings, from him,

and they take no further lease, or conveyance of his, farms, mills, or

appurtenances thereunto belonging (where the said Pepperell is the sole

receiver and appropriator of the rents and profits), until he shall

resign his seat, pretendedly occupied by mandamus. And if any persons

shall remain, or become his tenants, after the expiration of their

present leases, we recommend to the good people of this country, not

only to withdraw all connections, and commercial intercourse with them,

but to treat them in the manner provided by the third resolve of this

Congress."

The Baronet not long after this denouncement retired to Boston. His

winter residence was on Summer street, near Trinity church, and his

country residence was an estate on the southerly side of Jamaica Pond

containing sixty acres, which he leased from Sir Francis Bernard. In

1775 he arrived in England under circumstances of deep affliction. Lady

Pepperell, who was Elizabeth, daughter of Hon. Isaac Royall, of Medford,

having died on the passage. In 1778 he was proscribed and banished, and

the year following was included in the Conspiracy Act. In May, 1779, the

Committee on confiscated estates offered for sale "his large and elegant

house, gardens, and other accommodations, &c., pleasantly situated on

Summer street, Boston, a little below Trinity church." His vast domain

in Maine, the largest owned by any individual in New England, though

entailed upon his heirs, was confiscated. This estate extended from

Kittery to Saco, with a coast line of upwards of thirty miles, and

extending back many miles into the interior, and, for the purposes of

farming and lumbering, was of great value, and the water power and mill

privileges, rendered it even at the time of the sequestration, a

princely fortune. His possessions were large in Scarboro, Elliot,

Berwick, Newington, Portsmouth, Hampton and Hubbardston. In Saco alone

he owned 5,500 acres, including the site of that populous town and its

factories. A large portion of this property was purchased by Thomas

Cutts who had served as a clerk in Sir William's counting room. He was

active during the revolution, was a noted merchant, president of a bank,

colonel of a regiment, senator in the Massachusetts Legislature, and one

of the founders of the Massachusetts General Hospital. He died in 1821.

All of Sir William's brothers were loyalists and were forced to leave

the country, and their vast domains passed into other hands. A life

interest or dower right in the Saco lands was enjoyed by Lady Mary

Pepperell, the widow of the first Sir William and her daughter, Mrs.

Sparhawk, which was devised to them by the Baronet's will. In exchange

for the right thus arising, the State afterwards assigned two-ninths in

absolute property to Lady Pepperell and her daughter, by a deed executed

in 1788. This small portion of this great estate was saved through these

ladies residing in the country during the war, the "sons of despotism"

could hardly tar and feather two defenceless women, or drive them forth

as they did their sons and brothers, and make absentees or refugees of

them.

Thus the princely fortune of Pepperell, that required a century to

construct, from the foundation laid by John Bray the shipwright to the

massive structure raised by the fisherman William Pepperell and

completed by his son Sir William, fastened and secured though it was, by

every instrument that his own skill and the best legal counsel could

devise to give stability and perpetuity, was in a brief hour overthrown,

and demolished by the confiscation act of 1778. So complete was the

wreck that two of his daughter's grandsons, were saved from the

almshouse by the bounty of some persons on whom they had no claim for

favor.

Never before in the history of this country has there been a more

conspicuous fall of a family from a high estate. There has always been a

doubt as to the legality of the Confiscation Act, as far as the

remainder or reversionary interest, of the first Sir William was

concerned, since it is apparently clear that the life-interest of the

second Sir William could only be, or by the statute actually was,

diverted and passed to the State.[168]

[168] This question was decided in the case of Roger Morris of New York

who married Mary, daughter of Frederick Phillips, who it is said had

previously refused George Washington, the estate which belongs in right

to his wife was confiscated, and that the whole interest should pass

under the Act Mrs. Morris was included in the attainder. Humanity is

shocked that a woman was attainted of treason, for no crime but that of

clinging to the fortunes of the husband whom she had vowed on the altar

never to desert. However, in the year 1809, their son, Captain Henry

Gage Morris of the Royal Navy, in behalf of himself and his two sisters,

sold their reversionary interest to John Jacob Astor of New York for the

sum of L20,000 sterling. In 1828 Mr. Astor made a compromise with the

State of New York by which he received for the rights thus purchased by

him, the large sum of five hundred thousand dollars, having obtained a

judgment of the Supreme Court of the United States affirming the

validity and perfectibility of his title.

After the death of the first Sir William, his widow, Lady Pepperell,

caused a neat house to be erected near that of her daughter, and the

village church which still remain. Here she died in 1789 after being a

widow thirty years.

This house came into the possession of Captain Joseph Cutts. He was a

large ship owner and a successful merchant. Ruined by Mr. Jefferson's

embargo, and the war of 1812, he lost his reason, and his two sons also

went insane. One fell by his own hand in Lady Pepperell's bedchamber,

the other was so violent at times that it was necessary to chain him.

Under these misfortunes the daughter Sally's reason gave way. The town

allowed a small sum for the board of her father, and her brother. Her

home even was sold to satisfy a Government claim for duties owed by her

father. It would seem that the doom of the Pepperells was transmitted to

all who should inhabit this house. Surely a blight seemed to have fallen

upon it which consumed the lives and fortunes of a family until its evil

destiny was fully accomplished.