The Loyalists of Massachusetts Part 38

R. GAY.

The sale mentioned by Mrs. Gay took place under the Confiscation Act of 1777-1780. These estates were treated by the Probate Court as those of deceased persons. As Martin Gay's wife was not an absentee she was ent.i.tled to her third or dower right in her husband's estate. The Commissioners appointed by the Probate Court a.s.signed to Mrs. Gay as "her third" "the two middle tenements of the house on Union Street, Boston, with the cellars chambers and upper rooms. Also the shop fronting Union Street and the land under same with the liberty to go through the great entry into the said shop, with the use and improvements of the yard, Well, Pump, and Privy." This division was made at her request as a shrewd means of retaining for herself and eventually for her husband, the _whole_ of the property, for it would be difficult to sell or to lease the two ends of the house so divided, with the middle taken out. The result was that the remainder of the house was unsaleable and as stated in the letter was bought in by her brother Timothy Atkins. As Mrs. Gay by her right of dower had only a life estate on the property, it was necessary that she should require what is known as the "remainder" which was still vested in the Commonwealth. This was conveyed to her by Act of the Legislature, Feb. 7th, 1807, for the consideration $1,680. In 1809, the widow, Ruth Gay, and her son Ebenezer Gay, sold this property for fifteen thousand dollars.

The third letter is dated at London, 7 July, 1788. In it he says "I cannot pretend to say when my affairs will admit of my return to America. By a late act of parliament a final settlement will (it is sayed) be made with the Loyalists within a few months. I must wait with patience this important event, then prepare to leave this both wonderful and delightful kingdom, and return to my family and friends in my native country, though an Alien when in it."

He remained two years in England and returned to Boston in 1792, when he resumed his business as a coppersmith at his old stand in Union Street, and soon after entered into business relations with Mr. James Davis, a bra.s.s founder, then but twenty-two years of age, who had learned the trade from a Hessian, who like many of his countrymen were obliged to remain in the country when Congress violated the terms of the Saratoga Convention.[215] Mr. Gay subsequently sold the business to Mr. Davis, who incorporated it in 1828 under the name of the Revere Copper Company, Mr. Joseph Warren Revere being one of the incorporators.

[215] See page 85 for further account of the Saratoga Convention.

Martin Gay died in 1809, and he was buried in the Granary Burial Ground.

SAMUEL GAY was the eldest son of Martin Gay who graduated at Harvard in 1775. Owing to the disturbed state of the times, and the quarterings of the rebel troops in the College buildings, he did not take his degree at the College Commencement, which was not held this year. He became a permanent resident of New Brunswick, and was a member of the first House of a.s.sembly organized in the Colony, and represented the County of Westmoreland several years. He was also a magistrate of that County, and Chief Justice of the Court of Common Pleas. He died at Fort c.u.mberland (where his father had a grant of land from the Crown) January 21, 1847 in the ninety-third year of his age.

EBENEZER GAY was the youngest son of Martin Gay, and can hardly be cla.s.sed as a loyalist. He was a child when his father went to Halifax, and he remained in Boston with his mother during the war. He graduated at Harvard College in 1789, practiced law, and was a member of the State Senate, and resided at Hingham. Mr. Wickworth Allen Gay, the artist, is his son. Martin Gay the younger, was fifteen years of age when he accompanied his father to Halifax. Three years later he was accidentally shot by a friend while hunting near Windsor, Nova Scotia.

LIST OF CONFISCATED ESTATES BELONGING TO MARTIN GAY IN SUFFOLK COUNTY AND TO WHOM SOLD.

To John Davis. Jan. 7, 1783; Lib. 136, fol. 228; Land in Boston, Winter St. S.. Samuel Dashwood E. and N.; Dr. Sylvester Gardner, an absentee, W.

To Timothy Atkins. Dec. 13. 1787; Lib. 161, fol. 240; Land and buildings in Boston. Union St. E.; Philip Freeman S.; E.; E. and S.; heirs of Benjamin Andrews W; N. and W.; Dorothy Carnes N. and W.; Jeremiah b.u.mstead N.; reserving that part of the premises set off to Ruth Gay, wife of said Martin Gay.

DANIEL LEONARD.

The Leonard family was established in this country in 1652, by three sons of Thomas Leonard, who remained in England. The three sons were James, Henry, and Philip, all of whom have left many descendants. The Leonards were interested in the first iron works established in this country at Lynn, Braintree, Rowley Village, and Taunton, and at a later date at Canton, so that the observation "where you can find iron works there you will find a Leonard" has been almost literally verified. They were probably interested in most, if not all the iron works established in this country within the first century after its settlement, and it is a remarkable fact that the iron manufacture has continued successively, and generally very successfully, in the hand of the Leonards or their descendants, down to the present day.

James was the progenitor of the Leonards of Taunton, Raynham and Norton.

He and his sons often traded with the Indians, and were on such terms of friendship with them, that when war broke out King Philip gave strict orders to his men never to hurt the Leonards. Philip resided in winter at Mount Hope, but his summer residence was at Raynham, about a mile from the forge. The family was noted throughout Plymouth County in Colonial times for its wealth, and the number of able men it produced in successive generations, who were entrusted by the public with offices of honor and importance. To this family belonged Daniel Leonard, the third Taunton lawyer, a man who was no unconspicuous actor in the affairs of his time. He was the only son of Ephraim Leonard, a judge of the Court of Common Pleas, a colonel in the militia, and the possessor of a large property, who resided on a homestead of five hundred acres connected with which were extensive iron works, situated in that part of the town of Norton now known as Mansfield. There, in a house on this estate the subject of this sketch was born May 29, 1740. His boyhood was pa.s.sed tranquilly amid comforts which usually wait on an only child of wealthy and influential parents. Entering Harvard College at an early age, he graduated in 1760 in the cla.s.s of John Lowell, the celebrated lawyer. He took up law as a profession, and had not been long at the bar before he was engaged in a fair practice, his generous disposition and affable manners having established his popularity, while his acquirements won for him reputation as an orator and a scholar. In 1770 he received from Yale College the degree of M. A.; in 1769 he was appointed as King's Attorney of Bristol County. Having become possessed of a fortune by a Boston heiress, he adopted what for that age and vicinity was considered great style, and display of dress, and mode of living. He set up a chariot, and pair of horses with which he travelled to Boston several times a week, something no lawyer in the Province had ever ventured to do before. In 1769 he began his political career by entering the Legislature where he represented Taunton during the year's of 1770-71-73 and 74. At first he made the most ardent speeches, which had been up to that time delivered in the House against Great Britain in favor of the colonists, but in the latter years of his service as a representative, he, like many more of his countrymen, became alarmed at the mob outrages, and the drifting of the country towards rebellion, he slowly changed his opinions and became a Loyalist and a supporter of the government that represented law, and authority. The revolutionists attributed this change to the influence of Governor Hutchinson and Attorney-General Sewall with whom he was on terms of intimacy, although this friendship formed some cause of distrust; the change in his views was not known publicly, or with certainty until the summer of 1774, as is evidenced by his being a member of the Committee of Nine on the state of the Province in the Legislature of that year, a committee made up of those only who were believed to be against the government. In June of that year he became an "addresser" to Governor Hutchinson. A few weeks later he was appointed Mandamus Councellor by the King. When it became known that he had taken the oath for qualifications for this office a mob of upward of two thousand men gathered on the "green" near his home, uttering oaths and angry threats and menacing him with personal indignities, which they would undoubtedly have proceeded to put into execution if they could have found him, but being informed by his father that he had gone to Boston and that he would use his influence to induce his son to resign his office, they were mollified for the time and refrained from pulling the house down, and gradually dispersed. They, however, a.s.sembled again the following evening, and seeing a light in the south chamber where Mrs. Leonard lay sick in bed, and thinking that Leonard was there, they fired through the window into the room; the bullets pa.s.sed through the upper sash and shutter, and lodged in the part.i.tion of the next chamber.[216] Friends had acquainted Mr. Leonard of the mob's intention to attack his home. He therefore went to Boston where his family soon joined him, and was protected from further violence by the presence of the troops. This outrage upon his home greatly embittered him against the revolutionists and their cause, and was undoubtedly the cause of his writing his celebrated letters, which so ably championed those principles of civil liberty, for which the loyalists so n.o.bly contended.

[216] Mrs. Leonard was confined to bed with childbirth. Charles, their only son, was born an idiot, due no doubt to this outrage. The mother of Curtis Guild, the present governor of Ma.s.sachusetts, was born in this room, she being a descendant of the Leonard family.

Daniel Leonard was the author of the famous letters signed Ma.s.sachusettensis, mis-attributed by the first President Adams to Jonathan Sewall. These letters that appeared in the Ma.s.sachusetts Gazette "reviewed with much ingenuity with the purpose of showing that the course of the government was founded in law and reason; that the colonies had no substantial grievance; that they were a part of the British Empire and properly subject to its authority." From the great skill in which they were written they were attributed to Jonathan Sewall, a man of much talent. It was more than a generation before the authorship was a.s.signed to Daniel Leonard. John Adams answered these papers as "Novanglus." "Ma.s.sachusettensis" bears dates between December, 1774, and April, 1775, and was published three times in a single year: first, in the "Ma.s.sachusetts Gazette and Post Boy," next in a pamphlet form; and last, by Rivington, in New York. Still another edition appeared in Boston in 1776. The replies were numerous. "Novanglus" bears dates between January and April, 1775. Both were printed in 1819, with a preface, by Mr. Adams, who remarks of "Ma.s.sachusettensis," that "these papers were well written, abounded with wit, discovered good information, and were conducted with a subtlety of art and address wonderfully calculated to keep up the spirits of their party, to depress ours," etc., etc.

The following are a few brief extracts from these letters.

"The press when opened to all parties and influenced by none, is a salutary engine in a free state, to preserve the freedom of that state, but when a party has gained the ascendancy, so far as to become the licensers of the press, either by act of government, or by playing off the resentment of the populace against printers, and authors, the press itself becomes an engine of oppression or licentiousness, and is as pernicious to society as otherwise it would be beneficial. It is too true that ever since the origin of our controversy with Great Britain, the press of this town have been indulged in publishing what they pleased, while little has been published on the part of the government.

The effect this must have had upon the minds of the people in general is obvious. In short, the changes have been so often rung upon oppression, tyranny, and slavery, that, whether sleeping or waking, they are continually vibrating in our ears, and it is now high time to ask ourselves whether we have not been deluded by sound only. Should you be told that acts of high treason are flagrant through the country, that a great part of the province is in actual rebellion, would you believe it true? Nay, you would spurn it with indignation. Be calm, my friends, it is necessary to know the worst of a disease, to enable us to provide an effectual remedy. Are not the bands of society cut asunder and the sanctions that hold man to man trampled upon? Can any of us recover a debt, or obtain compensation for an injury by law? Are not many persons, whom once we respected, and revered, driven from their homes, and families, and forced to fly to the army for protection, for no other reason but their having accepted commissions under our king? Is not civil government dissolved?

"Reader, apply to an honest lawyer (if such a one can be found) and inquire what kind of an offence it is for a number of armed men to a.s.semble, and forcibly to obstruct the courts of justice, to pa.s.s governmental acts, to take the militia out of the hands of the king's representatives to form a new militia, to raise men and appoint officers for public purposes, without order or permission of the king or his representatives, or for a number of men to take to their arms, and march with a professed design of opposing the king's troops. Ask, reader, of such a lawyer, what is the crime, and what the punishment, and if, perchance, thou art one that has been active in these things, and art not insensibility itself, his answer will harrow up thy soul.

"The shaft is already sped, and the utmost exertion is necessary to prevent the blow. We already feel the effects of anarchy, mutual confidence, affection, and tranquility, those sweeteners of human life are succeeded by distrust, hatred, and wild uproar; the useful arts of agriculture and commerce are neglected for caballing, mobbing this or the other man, because he acts, speaks or is suspected of thinking different from the prevailing sentiment of the times, in purchasing arms, and forming a militia. O height of madness! Can you indulge the thought one moment that Great Britain will consent to this? For what has she protected and defended the colonies against the maritime powers of Europe, from their first British settlement to this day? For what did she purchase New York of the Dutch? For what was she so lavish of her best blood and treasure in the conquest of Canada, and other territories in America? Was it to raise up a rival state, or to enlarge her own empire? I mention these things, my friends, that you may know how people reason upon this subject in England, and to convince you that you are deceived, if you imagine, that Great Britain will accede to the claims of the colonies. And now, in G.o.d's name, what is it that has brought us to this brink of destruction? Has not the government of Great Britain been as mild and equitable in the colonies, as in any part of her extensive domains? Has she not been a nursing mother to us from the days of our infancy to this time. Has she not been indulgent almost to a fault?

"I have as yet said nothing of the difference in sentiment among ourselves. Upon a superficial view we might imagine that this province was nearly unanimous; but the case is far different. A very considerable body of men of property in this province are at this day firmly attached to the cause of government, bodies of men compelling persons to disavow their sentiments, to resign commissions or to subscribe leagues, and covenants, has wrought no change in their sentiments. It has only attached them more closely to government and pray more devoutly for its restoration.

"A new, and until lately unheard of mode of opposition, has been devised, said to be the invention of the fertile brain of one of our party agents, called a committee of correspondence. This is the foulest, subtlest, and most venomous serpent that ever issued from the eggs of sedition. These committees when once established, think themselves amenable to none, they a.s.sume a dictatorial style, and have an opportunity under the apparent sanction of their several towns, of clandestinely wreaking private revenge on individuals by traducing their characters, and holding them up as enemies of their country, wherever they go, also of misrepresenting facts and propagating sedition through the country. Thus a man of principle and property in travelling through the country would be insulted by persons whose faces he had never seen before. He would feel the smart without suspecting the hand that administered the blow. These committees, as they are not known in law, and can derive no authority from thence. They frequently erect themselves into a tribunal where the same persons are at once legislators, accusers, witnesses, judges, and jurors and the mob the executioners. The accused has no day in court, and the execution of the sentence is the first notice he receives. It is chiefly owning to these committees, that so many respectable persons have been abused and forced to sign recantations and resignation though so many persons, to avoid such reiterated insults, as are more to be deprecated by a man of sentiment than death itself, have been obliged to quit their houses, families and business, and fly to the army for protection. That husband has been separated from wife, father from son, brother from brother, and the unfortunate refugee forced to abandon all the comforts of domestic life. Have not these people that are thus insulted, as good a right to think and act for themselves in matters of the last importance. Why then, do you suffer them to be cruelly treated for differing in sentiment from you? Perhaps by this time some of you may inquire who it is, that suffers his pen to run so freely. I will tell you; it is a native of this province that knew it before many that are now basking in the rays of political sunshine, had a being. He was favored not by whigs, or tories, but the people. He is now repaying your favors, if he knows his own heart, from the purest grat.i.tude. I saw the small seed of sedition when it was implanted; it was as a grain of mustard. I have watched the plant until it has become a great tree; the vilest reptiles that crawl upon the earth are concealed at the root, the foulest birds of the air rest upon its branches.

"At the conclusion of the late war Great Britain found that the national debt amounted to almost one hundred and fifty million, and heavy taxes and duties were laid. She knew that the colonies were as much benefited as any part of the empire, and indeed more so, she thought it reasonable that the colonies should bear a part of the national burden, as that they should share in the national benefit. For this purpose the stamp act was pa.s.sed. At first we did not dream of denying the authority of parliament to tax us, much less legislate for us. We had paid for establishing a post office, duties imposed for regulating trade, and even for raising a revenue to the crown without questioning the right.

Some resolves in Virginia denying the right of parliament made their appearance. We read them with wonder, they savoured of independence. It now became unpopular to suggest the contrary, his life would be in danger that a.s.serted it. The newspapers were open to but one side of the question and the inflammatory pieces that issued weekly from the press, worked up the populace to a fit temper to commit the outrages that ensued. It has been said that several thousands were expended in England, to ferment the disturbance there. However that may be, opposition to the ministry was then gaining ground, from circ.u.mstances foreign to this. The ministry was changed and the stamp act repealed.

When the statute was made imposing duties upon gla.s.s, paper, India teas, etc. imported into the colonies, it was said this was another instance of taxation. We obtained a partial repeal of this statute which took off the duties from all articles except teas. We could not complain of the three-penny duty on tea as burdensome, for a shilling which had been laid upon it for the purpose of regulating trade, and therefore was allowed to be const.i.tutional, was taken off; so that we were, in fact, gainers nine pence on the pound by the new regulation. The people were told weekly that the ministry had formed a plan to enslave them that the duty upon tea was only a prelude to a window tax, hearth tax, land tax and poll tax, etc. What was it natural to expect from a people bred under a free const.i.tution, jealous of their liberty, credulous, even to a proverb when told their privileges were in danger. I answer outrages, disgraceful to humanity itself. What mischief was not an artful man, who had obtained the confidence and guidance of such an enraged mult.i.tude, capable of doing? He had only to point out this or that man, as an enemy of his country, and no character or station, age or merit could protect the proscribed from their fury. Happy was it for him, if he could secrete his person, and subject his property only to their lawless rage.

By such means acts of public violence has been committed as will blacken many a page in the history of our country. They have engrossed all the power of the province into their own hands. A democracy or republic it has been called, but it does not deserve the name of either. It was, however, a despotism cruelly carried into execution by mobs, and riots, and more incompatible with the rights of mankind than the enormous monarchies of the East. The government under the British Const.i.tution consisting of kings, lords, and commons, is allowed both by Englishmen and foreigners to be the most perfect system that the wisdom of ages has produced. The distributions of power are so just, and the proportions so exact, as at once to support and control each other. An Englishman glories in being subject to and protected by such a government.

"Let us now suppose the colonies united and moulded into some form of government, in order to render government operative and salutary, subordination is necessary. This our patriots need not be told of, and when once they had mounted the steed and found themselves so well seated as to run no risk of being thrown from the saddle, the severity of their discipline to restore subordination would be in proportion to their former treachery in destroying it. We have already seen specimens of their tyranny, in the inhuman treatment of persons guilty of no crime except that of differing in sentiment. What then must we expect from such scourges of mankind when supported by imperial powers?

"I do not address myself to whigs or tories, but to the whole people. I know you well, you are loyal at heart, friends to good order, and do violence to yourselves in harboring one moment, disrespectful sentiments towards Great Britain, the land of our forefathers' nativity, and sacred repository of their bones, but you have been most insidiously induced to believe that Britain is rapacious, cruel and vindictive, and envies us the inheritance purchased by the sweat and blood of our ancestors. Could that thick mist be but once dispelled that you might see our Sovereign, the provident father of all his people, and Great Britain a nursing mother to the colonies, as they really are. Long live our gracious king, and happiness to Britain would resound from one end of the province to the other."[217]

[217] Extracts from Ma.s.sachusettensis. Letter addressed to the Inhabitants of the Province of Ma.s.sachusetts Bay, Dec. 12th, 1774.

In February, 1775, Daniel Leonard was appointed Solicitor General of the Commission of Customs with a salary of 200 sterling, a body exercising powers similar to those of a court of admiralty. Thirteen months after this time, March, 1776, he accompanied the British Army to Halifax with his family of eight persons and thence to London, where he practiced as a barrister in the Courts of Westminster.

In 1780, William Knox, Under Secretary of State for the American Department suggested the division of Maine, and a province of the territory between the Pen.o.bscot and St. Croix rivers, with Thomas Oliver for Governor, and Daniel Leonard for Chief Justice. The plan was approved by the King and Ministry, but was abandoned because Wederburne, the Attorney-General, gave the opinion that the whole of Maine was included in the charter of Ma.s.sachusetts.

Mr. Leonard was in Ma.s.sachusetts in 1799 and again in 1808. He was included in the Banishment Act of 1778 and the Conspiracy Act of 1779.

He received the appointment of Chief Justice to Bermuda. After filling this office for many years, he again in his last days took up his residence in London, where he died June 27, 1829, aged 89. His death was the result of an accident while withdrawing the charge from a pistol, he accidentally discharging it so as to cause almost instant death.

The generous temper and affable manners of Mr. Leonard seemed to have fascinated those who were in his household. The nurse who was entrusted with the care of the infant daughter of his first wife, would never leave him. She went with his family in all their wanderings, first to Boston, then to Halifax, London, and Bermuda, then to the United States, back again to the West Indies, then to London, and died in their service. His Deputy Sheriff, who had been a Captain in the Provincial service, a person of great address, wit, and accomplishments, followed his fortunes and was killed in the battle of Germantown, then a Major in the British Army. A young gentleman educated at Harvard College, and in his office, went with him to London where he died.

Daniel Leonard married twice. His first wife was Anna, daughter of Hon.

Samuel White of Taunton, his second Sarah Hammock of Boston, who died on the pa.s.sage from Bermuda to Providence, R. I., aged 78. He left a daughter Anna, who married a Mr. Smith of Antigua, Harriet who died in London in 1849, Sarah who married John Stewart, a captain in British army and afterwards Collector of the Port of Bermuda. Sarah had four children. The eldest Duncan Stewart, on the death of an uncle who died childless, succeeded to an ancient Lairdship in Scotland. His brother, Leonard Stewart, was an eminent physician in London. His sister Emily married a Captain in the service of the East India Company, the other sister, Sarah, married a Mr. Winslow, descended from the ancient governor of Plymouth, and a relative of Lord Lyndhurst, (Copley) whose private Secretary he was during his Chancellorship.[218] Mr. Leonard had an only son Charles, who was born when the mob attacked his house, and was feeble-minded. He entered Harvard College in 1791, but did not graduate. He was subsequently under the guardianship of Judge Wheaton, and was found dead in the road in Barrowsville, near Taunton in 1831.

Col. Ephraim Leonard, who lived till the close of the Revolution devised his large estate to his grandson Charles. It was understood, however, that the father and sisters of Charles were to partic.i.p.ate in the enjoyment of the property. Had Daniel Leonard returned from banishment and taken the oath of naturalization and allegiance to the new government, he would have inherited this large estate, but this he would not do, nothing could swerve him from his loyalty to the old flag.

[218] Genealogical Memoir of the Leonard Family, by William R. Deane.

JUDGE GEORGE LEONARD.

Major George Leonard was the third in descent from James, the immigrant.

He removed in 1690 to Norton, then a part of Taunton, where he became the proprietor of very large tracts of land, and was in fact the founder of that town. Here this family, as possessors of great wealth and of the largest landed estate probably of any in New England, have lived for over two hundred years. Major George was Judge of the Court of Common Pleas. His eldest son George, the subject of this sketch, was born March 4, 1698. He was in office from early manhood until old age. He served his town in nearly every capacity and was appointed a judge of the Court of Common Pleas, in 1725; a member of the Council in 1741; and Judge of Probate in 1747; while in the Militia he rose to rank of Colonel. In 1740 he was dismissed from the bench, in consequence of his connection with the famous Land Bank scheme, but was restored six years afterwards, and became Chief Justice. He was called a "neutral" by Clark the historian of Norton, and he remarks that though the most influential man in town he took no active part in public affairs during the war. A _neutral_ in the Revolution was a Loyalist, the Revolutionists did not allow such a thing as a "neutral" to exist. The fact was that he was an old man, whom all cla.s.ses respected, and on that account they did not molest him, and drive him out.

He died in 1778, in his eighty-first year. "Tradition," says Clark, "has universally given him a character above reproach, and of sterling worth." He married Rachel Clap, of Scituate, who bore him four children and who died in 1783, in her eighty-second year.

George Leonard, son of the former, was born in 1729, and graduated at Harvard University in 1748. He held several important offices under the Colonial government, and after the adoption of the Federal Const.i.tution, was a member of Congress. It is said "he was a genuine specimen of an American country gentleman," that "he was a kind and considerate landlord, who never raised his rents, and who regarded his old tenants as his friends," that "he was tenaciously attached to old customs, and wore the short breeches and long stockings to the day of his death."

COLONEL GEORGE LEONARD.

Was the son of Rev. Nathaniel Leonard the brother of Judge Leonard and fifth in descent from James the immigrant. He was driven forth from his native land and settled in New Brunswick in 1783, and was much employed in public affairs. The year after his arrival, he was appointed one of the agents of government to locate lands granted to Loyalists, and was soon after made a member of the Council, and commissioned as a Colonel in the militia. He died at Suss.e.x Vale in 1826, at an old age. His wife Sarah, died a year before aged eighty-one. He had several children. His daughter Caroline married R. M. Jarvis, Esq., in 1805, and his daughter Maria married Lieutenant Gustavus Rochfort of the Royal Navy in 1814.

His son, Colonel Richard Leonard of the 104th Regiment of the British army and Sheriff of the District of Niagara, died at Lundy's Lane in 1833.

GEORGE LEONARD, JR., son of George Leonard, accompanied his father to New Brunswick in 1783. He was a grantee of the city of St. John. He was bred to the law, and devoted himself to his profession. He died at Suss.e.x Vale in 1818.