11 minute read
by E. A. Stackpole
15
BY EDOUARD A. STACKPOLE
With the prospect of the "islands trust" legislation in the offing, it will be of interest to review the background of the original processes of law in regard to Nantucket, and to point out just how and why the island happened to be transferred from New York State to Massachusetts.
As the corporation known as the "Proprietors of the Common and Undivided Lands" also enters into the discussion, a description of this body must of necessity be included, for the early settlers were the Proprietors of Nantucket. Many of their good intentions, so far as the rights of their descendants are concerned, have gone astray during the 313 years since the island was settled by them.
What has generally been lost sight of in the various arguments and discussions is that Nantucket as a town, county and island did not enter into the early political scene, as it does today.
As far as the English ownership of Nantucket is concerned, the first date of any importance is the year 1641. In this year, Lord Sterling, who had been granted by the Crown all the lands between Cape Cod and the Hudson River, (meaning offshore lands) through his agent, James Forrett, sold Nantucket, Tuckernuck and Muskeget to Thomas Mayhew, merchant, of Watertown, and his son, Thomas Mayhew, Jr.
Soon after Mayhew, Sr., purchased the title to Martha's Vineyard and the Elizabeth Islands. It seems, at this time, Sir Fernando Gorges, Lord Proprietor of Maine, also had claimed the islands, and Mr. Mayhew obtained of his agent a grant, also.
The next important date occurs in 1659, when the nine original proprietors of Nantucket purchased the island from Thomas Mayhew for the stipulated price of "Thirty pounds of Currant pay . . . and also two bever hats one for my self and one for my wife."
Mr. Mayhew became the tenth proprietor of the island as he reserved for himself the "neck of land called Nashatay," and also assumed a "twentyeth part of all lands and privileges," directing that the purchasers must pay what the Indian sachem wanted for Masquetuck.
In October of that same year, the island of Tuckernuck was purchased for five pounds by Tristram Coffin, Sr., Tristram Coffin, Jr., Peter Coffin and James Coffin.
WHEN NANTUCKET BECAME PART OF MASSACHUSETTS 17
February, 1659, marks the beginning of the actual settlement, for the ten owners then voted to each choose a partner. It also voted that no land on Nantucket was to be purchased from the Indians for private use but for the "general account of the twenty owners." It also was voted to admit ten other inhabitants — tradesmen and seamen.
These original Proprietors came almost wholly from Salisbury, in the Province of Massachusetts Bay. The next step accomplished was the purchase of lands from the Indians, this being done by deed of 1660.
The Sachem Wanackmamack, who was accounted the head of the island, granted lands under deed of February, 1661, by which the English settlers were able to claim practically all of the Indian ownership to Nantucket. In these deeds Sachem Nickanoose was a co-signer and later Sachem Wauwinet, son of Nickanoose.
Over the next decade, while the various petty chiefs were assigning their lands to the English, acknowledging the Wanackmamack deed, the house lots at the original settlement to the west of the present town, were being developed.
The year 1664 saw the beginning of the actual domination of the island by outside interests — namely, by the Province of New York. Charles II was on the throne of England and one of his acts affecting the colonies was the granting to his brother James, Duke of York, of a portion of lands which had been granted to the Earl of Sterling. Nantucket was included in this grant. Francis Lovelace became the Duke of York's appointee as the governor of New York, and in May, 1670, ordered "all about vou [Thomas Mayhew] who are concerned" to come to New York and show what "clayme to any of those islands," meaning Martha's Vineyard and the adjacent islands, as well as Nantucket.
In response to this order, the Proprietors of Nantucket sent Thomas Macy to New York and Tristram Coffin accompanied him in the interests of the owners of Tuckernuck and other Coffin lands.
Then came the famous "Lovelace Patent," under which Nantucket was acknowledged to be owned by the Proprietors or inhabitants, who had a right to "chuse their inferior officers," both civil and military; were told to treat the Indians in a certain manner; were allowed to have joint General Court with the Vineyard once in each year; and by which a chief magistrate and military officer was appointed.
Tristram Coffin was appointed the Chief Magistrate for Nantucket and Tuckernuck, the first to hold this office.
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HISTORIC NANTUCKET
The lawful governing of Nantucket by its freeholders was mapped out at a General Court, held at Edgartown in June, 1672. Judicial procedures, drunkenness, licenses for sale of such strong liquors as "beere, syder or the like," weights and measures (uniform with those of Winchester, England), traffic with the Indians, officers such as treasurer, secretary and constables — all these were taken care of under a code of laws set up.
It was during the next month, July, 1672, that this general court decreed that "two of the selectmen and any other freeholder with them have the power to appoint a town meeting."
The town was therefore recognized as a municipality for the first time, and not just as a settlement of the original proprietors of the island. In April, 1673, Gov. Lovelace ordered it be called the "town of Sherborne upon the Island of Nantuckett."
Important local political history had begun in real force by the appearance of rival groups among the settlers. The first Magistrate, Tristram Coffin, led one faction, while Richard Gardner directed the energies of another. While the Gardner party outnumbered the Coffin, the latter had the backing of Thomas Mayhew, who was a strong influence in colonial affairs.
The situation became further embittered when Governor Lovelace, siding apparently with the Gardner faction, in 1673 appointed Richard Gardner Chief Magistrate and Captain John Gardner, leader of the military.
The most important action handed down by the Lovelace regime, after his Patent had been drawn up, was the Governor's "Additional Instructions and Directions for the Government of the Island of Nantuckett," given on the 18th of April, 1673. One of the clauses stated:
"That all Ancient and Obsolete Deeds, Grants, Writings and Conveyances of Lands upon said Island, shall bee esteemed of noe force or Validity, but the records of Everyone's Clayme or interest shall bear Date from the first Divulging of the Patent granted to the Inhabitants by Authority of His Royall Highness, and soe forward, but not before the Date thereof."
Then came the return of the Dutch to New York. From 1673 to October, 1674, they held New Amsterdam, and Nantucket governed itself as a town, province, and colonial possession of the English Crown, without the supervision of any royal governor.
During the Dutch occupation, however, the "half-shares men" on Nantucket, who had been admitted as the tradesmen, sailors, etc., resolved that the above clause in Lovelace's new laws gave them as much right in the affairs of the island as the orig-
WHEN NANTUCKET BECAME PART OF MASSACHUSETTS 19 inal twenty proprietors and partners. The "insurrectionists," as they were called, found an able leader in John Gardner, who had removed from Salem in 1672.
When Governor Edmund Andros assumed the Governorship of New York, following New Amsterdam's recapture by the English, he sent an order, (among several) to the island in which was the following clause: "That the Rights, Propertyes, and Privileges of the first Purchasers, or Proprietors and their Associates, bee preserved unto them; And that all Graunts, Concessions of Lands, Privileges or what else hath been since made by them to any others, bee likewise punctually observed and made good."
The "island revolt" had found its way to New York by means of the various memorials and letters sent to him by the parties involved. Governor Andros, with characteristic ignorance, ordered that Thomas Mayhew should preside at the General Courts to be held at Nantucket. He also declared the provisions of the Lovelace Patent were to be followed as originally given. This latter was no more than fair, as it provided for the protection of the lands and properties of the original settlers and purchasers.
While it would appear that the so-called "half-shares" men were justified in wishing an equal share in the voice of the governments as concerned themselves, they were undoubtedly in the wrong in attempting to overthrow the established rights of the purchasers and their partners.
Some time after Andros had chastened the "insurrectionists" the group joined with some Vineyarders in the launching of an effort to get the jurisdiction of the islands transferred to the Province of Massachusetts. This was not successful. It was bitterly opposed on the Vineyard by Thomas Mayhew, who believed his rights were better protected by the New York government.
In 1683, when the Province of New York was divided into counties, Nantucket, Martha's Vineyard and adjacent islands were constituted Dukes County.
The Duke of York succeeded to the throne of England in 1681. As James II he appointed Thomas Dongan to replace Andros as Governor of New York. The year 1687 is an important one for Nantucket, for it was in this year that the now famous Dongan Patent was issued — a code by which the land titles were fixed and the rights of the Proprietors established from that time to the present day.
This Patent granted a manor similar to that of East Greenwich, in the County of Kent, England. It created a body corporate and politic of freeholders, and gave them the power to elect
20 HISTORIC NANTUCKET
officers for the government of the town. The tribute to be paid to the State of New York for these privileges was set at three pounds annually.
The original Dongan Patent is now in the office of the Registry of Deeds in the Town and County Building on Broad Street.
James II was forced to abdicate and William and Mary became the rulers of Britain and her colonial possessions. The date October 7, 1691, now takes its place alongside other important ones in Nantucket history. In this year, the new rulers issued a new charter, under which Maine and Plymouth Provinces became consolidated with that of Massachusetts Bay.'The new area of this Massachusetts Bay Colony included from the Gulf of St. Lawrence to Martha's Vineyard and Nantucket. Just why it was decided that the two island possessions of New York shoul4 be handed over to Sir William Phipps, the new governor, is just one of the puzzling developments in the case. It may have been due to the variety of maps made of this coast by the geographers of that day.
The transfer of jurisdiction was strongly opposed by Thomas Mayhew, in Martha's Vineyard, but on Nantucket no recorded opposition was made by individuals or by the town.
Governor Fletcher, of New York, in 1692, called his Council into session. The Council wrote: "It is the opinion of this Board that a Letter be sent to S'r Will'm Phipps, to see by what authority he takes over" the jurisdiction of Dukes County (which included Nantucket).
In January, 1692, Phipps replied: "I lately Received yours of the 10th of nov'r past, In which you mention something about the Islands of Nantuckett and Martha's Vineyard. I presume you cannot be ignorant That it has been their Ma'ties pleasure to incorporate these Islands . . , into the real province of the Massachusetts Bay in New England."
The Council considered the letter from Phipps ("not attested") and reported that it did not believe the grant included Capoag Island (Martha's Vineyard) or Nantucket. The councillors said, further: "That they can have no pretences to the s'd L'res Patents to Martin's Vineyard or to any other Island to the westward of Nantuckett, which we humbly submit and desire yo'r Excellency will be pleased to recommend the same to the M'ties by their Sec'y of State for their Decision in that Affair."
The Province of Massachusetts Bay passed an act soon after for the confirmation of titles with the islands of Martha's Vine-
WHEN NANTUCKET BECAME PART OF MASSACHUSETTS 21
yard and Nantucket. This act guaranteed all the rights and privileges granted to the islanders under the government of New York. This was passed in June, 1693.
The opportunity for Nantucket to set up a government independent of Dukes County now presented itself. After considerable petitioning, this became a reality, for in June, 1693, the island of Nantucket became separated and allowed to "remain and continue under the same Forme of government as is already there settled."
This seems to have concluded the jurisdictional question of who owned Nantucket — New York or Massachusetts — for Nantucket County was incorporated as a part of Massachusetts in June, 1695.
In 1795, the town was incorporated as the town of Nantucket, the name being changed from Sherborn, as there was a1 town by that name in Massachusetts chartered earlier.
The Elihu Coleman House on Hawthorn Lane built in 1723
