PETER OLIVER.

REVOLUTIONISTS MARCHING TO CAMBRIDGEREVOLUTIONISTS 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 opposedby 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, 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 £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 fromhis 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 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.

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 in1762. 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]

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 Oliverof 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 Oliverof 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.

SIR FRANCES BERNARDSIR FRANCES BERNARDBorn 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 ofThomas 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 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 itwas 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]

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.

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."x

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]

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.

OLD PROVINCE HOUSE.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 theState 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]

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]

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]

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 desperatefighting, 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]

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]

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 fledfor 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."

Thomas Bernard, who accompanied his father, states that he wasgraciously 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.

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 pensionrestored 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]

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, andthe 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 £600 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.

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.

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 theSouthern 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. LadyPepperell, 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, sinceit 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]

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.

The old mansion built by the first Colonel Pepperell, and enlarged by his son, is plain in its architecture, and contained a great many rooms before it was curtailed ten feet from each end. It was well adapted to the extensive domains and hospitalities of its former owners. The lawn in front extends to the sea, and the restless waves over which Sir William successively sought fortune and fame, still glitter in the sunbeams, and dash around the disconsolate abode. The fires of hospitality are extinguished. It is now occupied by the families of poor fishermen who do not like to be troubled with visitors or strangers. The hall is spacious and well finished; the ceiling is ornamented, and the richly carved bannisters bear traces of former elegance. The large hall was formerly lined with some fifty portraits of the Pepperell and Sparhawk families and of the companions in arms of Sir William, such as Admiral Sir Peter Warren Commodore Spry and others. We have now no sympathy with the joyous acclamations once bestowed on these successful victors returning from the field of glory to be crowned with laurels. The American people feel no desire to perpetuate the fame of their achievements, although characterized at the time by patriotism as pure, and disinterested as any exhibited since this government was formed. Patriotism in those days implied loyalty and fidelity to the king of England, but how changed the meaningof that word in New England after the Declaration of Independence? Words and deeds before deemed patriotic, were now traitorous, and so deeply was the idea of their moral turpitude impressed on the public mind, as to have tainted popular opinion concerning the heroic deeds of our ancestors performed in the king's service, in the French wars, but criticism of this is apt to produce what Coleridge declared the cold waters of reason thrown on the burning embers of democracy inevitably produced—namely a hiss. The Revolution absorbed and neutralized all the heroic fame of the illustrious men that preceded it. The extinction of their fame was not more remarkable than the wreck of their fortunes. The Penns, Fairfaxes, Johnsons, Phillips, Robinsons and Pepperells were stripped of their immense possession, by confiscation, who up to that time had been but little less than hereditary noblemen and viceroys of boundless domains.


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