The Loyalists of Massachusetts Part 21

[Ill.u.s.tration: REVOLUTIONISTS MARCHING TO CAMBRIDGE.

To oblige Lieutenant-Governor Thomas Oliver to resign from the Council Board.]

The doc.u.ment 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, ent.i.tled an 'Act for the better regulation of the Province of Ma.s.sachusetts 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 unconst.i.tutional 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 a.s.surances 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 a.s.sembled at Cambridge on this occasion; and to these a.s.surances it was owing, undoubtedly, that the day pa.s.sed 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 Ma.s.sachusetts, 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 circ.u.mstance arose, princ.i.p.ally, the proceedings related by Governor Oliver. Indignant because the "redcoats"

had been sent upon such an errand, thousands from the surrounding country a.s.sembled 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 pa.s.sage 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 Ma.s.sachusetts, 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 Ma.s.sACHUSETTS.

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 a.s.sembly 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 a.s.sembly 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 120 sterling per year, and it had been much less; the Chief Justice had 30 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 2000 sterling in it. He had offered not to accept of the grant (if His Majesty would permit him to do so), provided the a.s.sembly 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 a.s.sembly, that he himself would drag the Chief Justice from the Bench, if he should sit upon it.

The a.s.sembly voted that he had rendered himself obnoxious to the people, as an enemy, and immediately presented a pet.i.tion 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 Ma.s.sachusetts 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 Ma.s.sachusetts, 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 ma.n.u.script History of New England, which the son refused the loan of to the Ma.s.sachusetts 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 ma.n.u.script. In consequence, we have "Hubbard" mutilated at the beginning, and at the end. At this time, 1814, when the Ma.s.sachusetts 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 a.s.sembly 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.

[Ill.u.s.tration: SIR FRANCES BERNARD

Born in 1712 at Brightwell England. Governor of Ma.s.sachusetts 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 Ma.s.sACHUSETTS FROM 1760 TO 1769.

Sir Francis Bernard was descended from G.o.dfrey 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 Ma.s.sachusetts 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 Ma.s.sachusetts by the appointment of three officers of State by the Crown, the Const.i.tution 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 Ma.s.sachusetts 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 a.s.sistance 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 cla.s.sed 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 Ma.s.sachusetts, 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 a.s.sistance," 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 a.s.sumed formidable dimensions when the question of "writs of a.s.sistance" was brought forward. The rights of the Custom House officers to demand such help was tried before the Supreme Court of Ma.s.sachusetts. "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."