Chapter XVIII: Part II: Biographical Sketches (4)

To Francis Bigelow, April 3, 1783; Lib. 137 fol. 260; Land in
Boston on Milk St.; bounded by a passageway and by land of said
Bigelow, said Hutchinson and Mr. Bourne.

To Joseph Russell, July 12, 1783; Lib. 139. fol. 75; Land in Boston
near Fort Hill, Gridley's Lane S.; Cow Lane E.; land of Town of
Boston and of heirs of Andrew Oliver N.; Thomas Palmer W.

To Thomas Green, Feb. 18, 1784: Lib 141. fol. 136; Land in Boston.
Dock Square S.; Eliakim Hutchinson W.; Mr. Blanchard N.; Thomas
Green E.; N. and E.

To Thomas Walley, Aug. 28, 1784: Lib. 144. fol. 172; Land and
buildings in Boston, Cross St. S.; Thomas Walley W.; widow Holmes
N.; Samuel Ellinwood E.

To Samuel Emmons, Jr., Victor Blair. Dec. 24, 1792; Lib. 174. fol.
183; Land in Boston, Milk St. and Cow Lane, between a highway and
ropewalk of Farreter and Torrey.

To Jeffery Richardson, May 17, 1793; Lib. 176, fol. 8; Land in
Boston. Cow Lane S.E.; Samuel Emmons N.E.; Thomas Davis S.W.;
extending towards Milk St. N.W.

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

To Martin Brimmer, Apr. 13, 1796;, Lib. 183, fol. 37; Flats and
wharf in Boston, Minot's T N.; flats towards the town W.; wharf and
flats of William Davis S.; the channel E.

Born in Boston, 1707. Lieutenant Governor 1770-4. Died in Boston, March, 1774.]

ANDREW OLIVER.

LIEUTENANT GOVERNOR OF MASSACHUSETTS 1770-1774.

The Oliver family are among the most prominent of the early colonial families. Thomas Oliver came from Bristol in 1632. He was one of the founders, and Elder of the First Church in Boston.[149] His son Peter born in England in 1622 and died in Boston in 1670, was a prominent merchant, and commander of the Ancient and Honorable Artillery Company in 1669 and was one of the founders of the Old South Church. Peter's son Daniel married Elizabeth, the daughter of Andrew Belcher, who was the father of Governor Jonathan Belcher.

[149] He lived on Washington Street; his lot extended north from Spring
Lane, including the head of Water Street.

ANDREW OLIVER, son of Daniel Oliver, a member of the Council, and brother of Peter Oliver, the Chief Justice. He graduated at Harvard College in 1724. He was a representative from Boston, member of the council and Secretary of the Province. In 1765, soon after receiving the appointment of Stamp Collector, without his solicitation, he not approving of the Act, he became very unpopular. The rough population which abounded about the wharves and shipyards, whose movements were directed by persons of higher rank and larger views of mischief, grew riotous, and with the usual want of discrimination shown by mobs, were not slow to lift their hands against even their best friends. The houses of the Custom and Admiralty officials were attacked, which culminating in an extraordinary outrage against Andrew Oliver, which led John Adams to exclaim, "Has not the blind undistinguishing rage of the rabble done that gentleman irreparable injustice"?[150] He was hung in effigy, a drunken crowd carrying the effigy through the Town House, even while the Governor and Council were in session. The building he had fitted for the transaction of business was destroyed. Taking a portion of it for a fire, the mob proceeded to Fort Hill where Mr. Oliver lived and burned his effigy in a bonfire before his home; they then went to work on the barn, fence, garden, and dwelling house. After breaking all the windows they entered the house and damaged and destroyed his furniture, completely wrecking this beautiful mansion. The business being finished, the "Sons of Despotism" proceeded to the Province-house, gave three huzzas and dispersed. On the day following the riot, Mr. Oliver resigned his office. In writing to a friend he says, "I was persuaded to yield in order to prevent what was coming on the second night." This action of the mob caused intense suffering both to himself and family.[151]

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

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

In 1770, Mr. Oliver was appointed Lieutenant Governor. In 1773, several letters which he had written to persons in England, and which were obtained surreptitiously by Franklin and sent to Boston, created much excitement and abuse of the writers.[152] In addition to the assaults at home, he was accused in England by Arthur Lee who signed himself Junius Americanus with the grave crime of perjury. "Scarce any man ever had a more scrupulous and sacred regard for truth, and yet, to such a degree did the malignant spirit of party prevail as to cause this man in the public papers in England, to bring against him a charge of perjury. The Council of Massachusetts Bay, from whose votes and resolves this writer attempted to support the charge, by vote which they caused to be printed, repaired the injury as well as they could, but a consciousness of his innocence and integrity, however, together with the reproaches most injuriously cast upon him by the resolves of the council and house, in which he was treated as the determined enemy of the liberties of his country, the interest whereof according to the best of his judgment (which was much superior to that of his most virulent persecutors) he always had at heart, affected his spirits and evidently accelerated his death."[153] Mr. Oliver was now advanced in life, and unable to endure the disquiet and misery caused by his position in affairs at so troubled a period, soon sunk under the burden. After a short illness he died at Boston in March 1774, aged 67. By the testimony of foes as well as friends, he was a most useful and estimable man, modest, indefatigable, well-cultured, soundly sensible. He had been the most beloved member of a family greatly beloved, and no charge could be brought against him except that in his political principles he sided with the Government. He was a liberal benefactor to his ALMA MATER in books, ancient manuscripts, and anatomical preparations. At his funeral the mob was again in evidence. The House of Representatives withdrew from the procession because a certain punctilio was neglected. The mob of Boston ran after the funeral train hooting and in an unseemly way hilarious, gave three cheers when the mourners came out of the graveyard, his brother the Chief Justice, intrepid as he was, did not dare to be present, because his life was threatened. Had he died before this violent spirit was raised, he would have been revered by all orders and degrees of men in the Province.

[152] See page 162, 163 concerning Hutchinson and other letters
abstracted by Franklin.

[153] Curwin's Journal, pp. 462, 463.

He was a man of large wealth for those days. The inventory of his real estate was as follows:

The Mansion House and Buildings situated near Fort Hill.

The Brick School House near Griffin's Wharf.

A Warehouse on Long Wharf.

A right in said Wharf.

The Buildings and Land etc., on Oliver's Dock.

A Brick House on Union Street with a small Wooden Shop adjoining and Land belonging thereto.

A Dwelling House and about three Acres of Land at Dorchester.

Lieutenant Governor of Massachusetts, 1770-74.]

The last named building is the only one now in existence, and the following description of it at the time of writing, may be interesting to the reader.

Lieut. Governor Oliver's country house in Dorchester is situated on the corner of Washington and Park streets. In the old deeds it is described as being "On the Road leading to Milton." The house appears the same as in the olden times. Not one whit has the estate changed outside of the interior of the great house. The broad acres that surround it still spread out before and behind it, the same drives are lined with great English Elms as in the old days; no finer old mansion house of the colonial period is to be found in New England, none is richer in memories of olden times. Here Lieut. Gov. Andrew Oliver entertained the finest of the land, where gentlemen in powdered wigs and ladies in fine old silks used to dance the minuet, and where the negro slaves used to be happy in their own way. It was sold by John J. Spooner, administrator of the estate of Andrew Oliver, to Col. Benjamin Hichborn, and was used by him as a summer residence. In 1817 it went into the hands of his brother, Samuel Hichborn, who entertained there Gen. Lafayette, and Presidents Jefferson, and Munroe. For many years it was owned and occupied by the famous chocolate manufacturer, Walter Baker. At the decease of Mrs. Baker, it was purchased by the Colonial Club who now occupy it as a club house.

THOMAS OLIVER.

LIEUTENANT-GOVERNOR OF MASSACHUSETTS, 1774-1775.

Thomas Oliver was born in Antigua and graduated at Harvard College in 1753, he was the son of Robert Oliver, a wealthy planter from Antigua who settled in Dorchester. His parentage is unknown, there were Olivers in Dorchester as early as 1637, and he may have descended from them.[154] He brought with him from Antigua his wife Anne and one son, Thomas, the subject of this notice. He purchased a number of pieces of land of which 30 acres had been the property of Comfort Foster, on this homestead lot he built in 1745 a fine mansion, on what is now known as Edward Everett square. Tradition records, that he brought many slaves with him, and when they were given wheelbarrows in which to carry the dirt, in ignorance of their proper use they carried them upon their heads, in just the same manner as the writer has seen negroes at the present time carry burdens on their heads on the "Pope's Head" estate in Antigua where these slaves came from. In Dorchester Robert Oliver had born to him sons, Isaac and Richard, and a daughter, Elizabeth, who became the wife of John Vassall, Jr. He died December 20, 1762. "The Post Boy" contained the following brief obituary: "Thursday morning last died at his seat in Dorchester, in the 63d year of his age, Col. Robert Oliver. A Gentleman of extensive Acquaintance, remarkable for his Hospitality to All, was kind to the Poor, and in his Military Character, beloved and esteem'd, his Family and Neighbours, have met with a great Loss in this Bereavement; His Remains are to be interr'd Tomorrow at 3 o'clock in the Family Tomb at Dorchester." About two years before this Thomas, his eldest son, had married Elizabeth, daughter of Col. John Vassall of Cambridge, making a double connection by marriage between these two families. Closely allied with them by marriage were the Royalls, all three families being probably originally of New England, then resident in Antigua and Jamaica, and returning here to enjoy their acquired wealth. All three families built houses which have lasted to our time: Royall in Medford, Vassall in Cambridge and Oliver in Dorchester.

[154] Sabine says Dorchester. Dorchester Record says Thomas Oliver, the
son of Robert Oliver, Esqr., and Ann, his wife, was born Jan. 5, 1733-4
at ye Island of Antigua.

Thomas Oliver remained for several years in Dorchester after his father's death. He inherited a large estate from his grandfather, James Brown, and from his great-uncle, Robert Oliver. He then began life under the most favorable auspices. His father-in-law was John Vassall of Cambridge, who married the daughter of Lieutenant-Governor Spencer Phips. Being a man of fortune he did not mingle in the stormy political contests of that period until a day fatal to his peace and quiet, when he accepted the office of Lieutenant-Governor. He has been represented as a mild, peaceable person, and gentlemanly in deportment. In 1766 he removed to Cambridge and built the fine mansion recently occupied by James Russell Lowell. He sold his Dorchester mansion to Richard Lechmere, who was the uncle by marriage of Oliver's wife, he having married May Phips, whose sister Elizabeth married Col. John Vassall, who died in 1741. In 1771 the mansion passed into the hands of John Vassall, a son of the Colonel, who was a Loyalist, and his property was confiscated. It was sold by the State to John Williams; it afterwards passed into the possession of Oliver Everett in 1792, and here his son Edward Everett was born in 1794. The house was torn down in 1900 and the square in front of it, previously known as the Five Corners, was named Edward Everett Square. On the opposite side of the square on a part of the same estate in a small park is situated a house built by one of the earliest settlers, about 1640, owned and occupied by the Dorchester Historical Society.

Thomas Oliver was the last Royal Lieutenant-Governor and President of the Council of Massachusetts. He received his appointment from the Crown in 1774, after the decease of Andrew Oliver, who was of a totally distinct family; it is understood that the King thought he was appointing Chief Justice Peter Oliver, a brother of Andrew, a much more active man in the politics of the times.

It stood on the north side of Edward Everett square. A bronze tablet marks its site. Edward Everett was born here April 11, 1794. (see p. 183.)]

His appointment as Councillor was by the King's writ of mandamus which was held, was contrary to the charter. This made him an object of popular resentment. He detailed the course pursued against him, in consequence of being sworn into office in the following narrative dated September 7, 1774, which as throwing light on the transaction of the times is inserted entire:

"Early in the morning" (of September 2d), said he, "a number of inhabitants of Charlestown called at my house to acquaint me that a large body of people from several towns in the county were on their way coming down to Cambridge; that they were afraid some bad consequences might ensue, and begged I would go out to meet them, and endeavor to prevail on them to return. In a very short time, before I could prepare myself to go, they appeared in sight. I went out to them, and asked the reasons of their appearance in that manner; they respectfully answered, they 'came peaceably to inquire into their grievances, not with design to hurt any man.' I perceived they were landholders of the neighboring towns, and was thoroughly persuaded they would do no harm. I was desired to speak to them; I accordingly did, in such a manner as I thought best calculated to quiet their minds. They thanked me for my advice, said they were no mob, but sober, orderly people, who would commit no disorders; and then proceeded on their way. I returned to my house. Soon after they had arrived on the Common at Cambridge, a report arose that the troops were on their march from Boston; I was desired to go and intercede with his Excellency to prevent their coming. From principles of humanity to the country, from a general love of mankind, and from persuasions that they were orderly people, I readily undertook it; and is there a man on earth, who, placed in my circumstances, could have refused it? I am informed I am censured for having advised the general to a measure which may reflect on the troops, as being too inactive upon such a general disturbance; but surely such a reflection on a military man can never arise but in the minds of such as are entirely ignorant of these circumstances. Wherever this affair is known, it must also be known it was my request the troops should not be sent, but to return; as I passed the people I told them, of my own accord, I would return and let them know the event of my application (not, as was related in the papers, to confer with them on my own circumstances as President of the Council). On my return I went to the Committee, I told them no troops had been ordered, and from the account I had given his Excellency, none would be ordered. I was then thanked for the trouble I had taken in the affair, and was just about to leave them to their own business, when one of the Committee observed, that as I was present it might be proper to mention a matter they had to propose to me. It was, that although they had a respect for me as Lieutenant-Governor of the Province, they could wish I would resign my seat. I told them I took it very unkind that they should mention anything on that subject; and among other reasons I urged, that, as Lieutenant-Governor, I stood in a particular relation to the Province in general, and therefore could not hear anything upon that matter from a particular county. I was then pushed to know if I would resign when it appeared to be the sense of the Province in general; I answered, that when all the other Councillors had resigned, if it appeared to be the sense of the Province I should resign, I would submit. They then called for a vote upon the subject, and, by a very great majority, voted my reasons satisfactory. I inquired whether they had full power to act for the people, and being answered in the affirmative, I desired they would take care to acquaint them of their votes, that I should have no further application made to me on that head. I was promised by the Chairman, and a general assent, it should be so. This left me entirely clear and free from any apprehensions of a farther application upon this matter, and perhaps will account for that confidence which I had in the people, and for which I may be censured. Indeed, it is true, the event proves I had too much; but reasoning from events yet to come, is a kind of reasoning I have not been used to. In the afternoon I observed large companies pouring in from different parts; I then began to apprehend they would become unmanageable, and that it was expedient to go out of their way. I was just going into my carriage when a great crowd advanced, and in a short time my house was surrounded by three or four thousand people, and one quarter part in arms. I went to the front door, where I was met by five persons, who acquainted me they were a Committee from the people to demand a resignation of my seat at the Board. I was shocked at their ingratitude and false dealings, and reproached them with it. They excused themselves by saying the people were dissatisfied with the vote of the Committee, and insisted on my signing a paper they had prepared for that purpose. I found that I had been ensnared, and endeavored to reason them out of such ungrateful behavior. They gave such answers, that I found it was in vain to reason longer with them; I told them my first considerations were for my honor, the next for my life; that they might put me to death or destroy my property, but I would not submit. They began then to reason in their turn, urging the power of the people, and the danger of opposing them. All this occasioned a delay, which enraged part of the multitude, who, pressing into my back yard, denounced vengeance to the foes of their liberties. The Committee endeavored to moderate them, and desired them to keep back, for they pressed up to my windows, which then were opened: I could from thence hear them at a distance calling out for a determination, and, with their arms in their hands, swearing they would have my blood if I refused. The Committee appeared to be anxious for me, still I refused to sign; part of the populace growing furious, and the distress of my family who heard their threats, and supposed them just about to be executed, called up feelings which I could not suppress; and nature, ready to find new excuses, suggested a thought of the calamities I should occasion if I did not comply: I found myself giving way, and began to cast about to contrive means to come off with honor. I proposed they should call in the people to take me out by force, but they said the people were enraged, and they would not answer for the consequences. I told them I would take the risk, but they refused to do it. Reduced to this extremity, I cast my eyes over the paper, with a hurry of mind and conflict of passion which rendered me unable to remark the contents, and wrote beneath the following words: 'My house at Cambridge being surrounded by four thousand people, in compliance with their commands, I sign my name, THOMAS OLIVER,' The five persons took it, carried it to the people, and, I believe, used their endeavors to get it accepted. I had several messages that the people would not accept it with those additions, upon which I walked into the court-yard, and declared I would do no more, though they should put me to death. I perceived that those persons who formed the first body which came down in the morning, consisting of the landholders of the neighboring towns, used their utmost endeavors to get the paper received with my additions; and I must, in justice to them, observe, that, during the whole transaction, they had never invaded my enclosures, but still were not able to protect me from other insults which I received from those who were in arms. From this consideration I am induced to quit the country, and seek protection in the town."

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

The document presented to Mr. Oliver on the 2d of September, and which he signed, was as follows: "I, Thomas Oliver, being appointed by his Majesty to a seat at the Council Board, upon, and in conformity to the late Act of Parliament, entitled an 'Act for the better regulation of the Province of Massachusetts Bay,' which being a manifest infringement of the Charter rights and privileges of this people, I do hereby, in conformity to the commands of the body of this county now convened, most solemnly renounce and resign my seat at said unconstitutional Board, and hereby firmly promise and engage, as a man of honor and a Christian, that I never will hereafter, upon any terms whatsoever, accept a seat at said Board on the present novel and oppressive plan of Government." To this, the original form, he added the words above recited. Judge Danforth and Judge Lee, who were also Mandamus Councillors and Mr. Phipps, the sheriff, and Mr. Mason, clerk of the county, were compelled to submit to the same body, and make written resignations.

Governor Oliver, as stated by himself, went into Boston, and made assurances both to General Gage and to the Admiral on the station, which prevented a body of troops from being sent to disperse the large body of people who assembled at Cambridge on this occasion; and to these assurances it was owing, undoubtedly, that the day passed without bloodshed. But for the peaceable demeanor of those whom he met in the morning,--the landholders of the neighboring towns,--the first collision between the King's troops and the inhabitants of Massachusetts, would have occurred, very likely, at Cambridge, and not at Lexington. A detachment was sent to the former town the day before, to bring off some pieces of cannon, and from this circumstance arose, principally, the proceedings related by Governor Oliver. Indignant because the "redcoats" had been sent upon such an errand, thousands from the surrounding country assembled in the course of the day, (September 2d.) armed with guns, sticks, and other weapons; and when the Lieutenant-Governor's promise on his return from Boston, rendered it certain that they would not be opposed by the troops, they exacted from every official who lived at Cambridge full compliance with their demands, as has been stated.

From this period Governor Oliver lived in Boston, until March, 1776, when at the evacuation he accompanied the Royal Army to Halifax, and took passage thence to England.

His mansion near Mt. Auburn is the house in which he resided at the time he was mobbed by four thousand Disunionists. When Benedict Arnold with his Connecticut Company arrived at Cambridge just after the fight at Lexington, they were quartered in this house. After Bunker Hill the house became a hospital and the dead were buried in the opposite field. The mansion was afterwards the residence of Governor Gerry, and at a later period was owned and occupied by Prof. James Russell Lowell, which made it still more famous under the name of "Elmwood."

He was proscribed and banished in 1778 and in the year following was included in the Conspiracy Act, and his large estate confiscated. Though he forfeited his estates in Massachusetts, he was better situated financially than most of his fellow sufferers, for he was wealthy from his professions in the West Indies, still owned by his descendants. He was a studious man and lived in retirement in England. He died at Bristol, Nov. 29, 1815, aged 82, and left six daughters.

PETER OLIVER.

CHIEF JUSTICE OF MASSACHUSETTS.

Peter Oliver, son of Daniel Oliver and brother of Andrew Oliver, the Lieutenant Governor, born in 1713, married Mary, daughter of William Clark. His son Peter, Jr., married Sarah, daughter of Governor Hutchinson. Peter Oliver, Sr., graduated from Harvard College in 1730. He received the degree of L.L. D. He was appointed to the supreme bench of the province, September 15, 1756.

An affair happened at the close of the year 1773, which drove Adams and all his factions into madness. It was a grant from the King of a salary to the judges of the Supreme Court. The Assembly had endeavoured to keep the judges in absolute dependence upon their humor and because they found them rather too firm to coincide with their views in the subversion of government, they made them the object of their resentment. The judges of the Court had the shortest allowance from the General Assembly of any publick officers, even their Doorkeeper had a large stipend. The judges' travel on their circuits were from 1100 to 1500 miles in a year. Their circuit business engrossed seven months of the year during the extremes of heat and cold in a severe climate. For all their service, the highest grant made to them was L120 sterling per year, and it had been much less; the Chief Justice had L30 sterling more.

His Majesty taking the cases of the judges into consideration, and from his known justice and benevolence, ordered their salaries to be paid out of his revenues in America, such salaries as would keep them above want, and below envy. The judges upon hearing of His Majesty's intention of such a grant had agreed to accept it, but four of them who lived at and near the focus of tarring and feathering, the town of Boston flinched in the day of battle, they were so pelted with soothings one day, and with curses and threatenings the next, that they prudentially gave the point up. The Chief Justice was now left alone in the combat, his brethren had but lately been seated on the Bench. He had been 17 years in the service, and had sunk more than L2000 sterling in it. He had offered not to accept of the grant (if His Majesty would permit him to do so), provided the Assembly would reimburse him one-half of his loss in their service, and for this he would resign his seat on the Bench. The Chief Justice very luckily lived at Middleborough, about 30 miles from Boston, or perhaps he would have followed suit of his brethren in giving up the King's grant. A message was sent to him by the Lower House signed "Samuel Adams, Clerk," requiring him to make explicit answer whether he would accept of the King's grant, or of their grant. He replied that he should accept the King's grant. Nothing less than destruction now awaited him. Col. Gardner, who was afterwards killed at Bunker Hill, declared in the General Assembly, that he himself would drag the Chief Justice from the Bench, if he should sit upon it.

The Assembly voted that he had rendered himself obnoxious to the people, as an enemy, and immediately presented a petition for his removal. Articles of impeachment for high crimes and misdemeanors were exhibited, which Gov. Hutchinson refused to countenance. The grand jury at Worcester on April 19th following, presented to the court a written refusal to serve under the Chief Justice, considering it illegal for him to preside until brought to answer to the above mentioned charges. He became a refugee in 1775, and died at Birmingham, England, in October 1791, aged 79.[155] Of the five judges of the Superior Court of Massachusetts at the commencement of the Revolution, four remained loyal, viz., Peter Oliver, Edmund Trowbridge, Foster Hutchinson, and William Browne. The Revolutionary member of the Court was William Cushing. Judges at this time wore swords, ermine robes, etc., while on the Bench.

[155] Curwin's Journal, p. 516.

DR. PETER OLIVER. Second son of Chief Justice Oliver, of Massachusetts, graduated at Harvard University in 1761. He dwelt at Middleborough, Plymouth County. He had practised in Scituate in early life, was one of the eighteen country gentlemen who were driven into Boston and who were Addressers of General Gage in 1775. He was proscribed and banished in 1778, and became a refugee in England, where he died at Shrewsbury, in Sept. 1822, aged eighty-one.

DANIEL OLIVER, son of Chief Justice Oliver, a learned and accomplished lawyer of Worcester County, graduated at Harvard College in 1762. A refugee loyalist of the Revolution, he died at Ashted, Warwickshire, May 6, 1826, aged 82. His father was an antiquarian, and copied with his own hand Hubbard's manuscript History of New England, which the son refused the loan of to the Massachusetts Historical Society for publication in their Collection.[156]

[156] Curwin's Journal, p. 510.

Sabine says that it was Doctor Oliver who refused to lend his copy or at least to permit a transcript of such parts of it as were missing in the American manuscript. In consequence, we have "Hubbard" mutilated at the beginning, and at the end. At this time, 1814, when the Massachusetts Historical Society with the aid of the Legislature desired to publish that work, there was a very bitter feeling towards the United States on account of the war at that time existing between the two countries.

ANDREW OLIVER of Salem, son of Lieutenant Governor Oliver, graduated at Harvard College in 1749. Studied law. Was often a representative to the assembly and a judge of the Court of Common Pleas. He was one of the founders of the American Academy of Arts and Sciences, and a member of the American Philosophical Society at Philadelphia; he was considered one of the best scholars of his day, and possessed fine talents. Judge Oliver was never fond of public life, but ardently attached to his books and friends. He was honored with a commission of mandamus councillor, which he declined. He married Mary, daughter of Chief Justice Lynde, and many of his descendants are now living here, for although Judge Oliver was a loyalist, he was the only member of his family that was not driven out of his country in consequence of the Revolution.

PETER OLIVER of Salem, the son of Lieutenant Governor Andrew Oliver, was an Addresser of Gage in 1775 and was proscribed and banished in 1778. He became a surgeon in the British Army, and died at London in April, 1795. His widow afterwards married Admiral Sir John Knight, and died in 1839.

BRINLEY SYLVESTER OLIVER, another son of Andrew Oliver, graduated at Harvard in 1774. Later became a surgeon in the British service; was also purser on the Culloden at the battle of the Nile. He died in 1828.

Born in 1712 at Brightwell England. Governor of Massachusetts from 1760 to 1769. Died in England June 16, 1779. From Copley's painting in Fiske's American Revolution.]

A third son, WILLIAM SANFORD OLIVER, in 1776 accompanied the Royal Army to Halifax. He settled at St. John, New Brunswick, at the peace, and was the first Sheriff of the county. His official papers are dated at Parr or Parr-town, by which names St. John was then known. In 1792, he held the office of Marshal of the Court of Vice-Admiralty of New Brunswick. At the time of his death, he was Sheriff of the County of St. John, and Treasurer of the Colony. He died at St. John in 1813, aged 62. His son, William Sanford Oliver, was a grantee of St. John in 1783, but left New Brunswick about 1806, and entered the Royal Navy. He rose to the position of Captain and was married at Heavitree, in October, 1811, to Mary Oliver Hutchinson, the daughter of Thomas Hutchinson, Jr., who was brought to England in 1770 by her father and mother, when she was but three years of age. He was put on the retired list in 1844, and died in England the next year, aged 71.

SIR FRANCIS BERNARD.

GOVERNOR OF MASSACHUSETTS FROM 1760 TO 1769.

Sir Francis Bernard was descended from Godfrey Bernard of Wansford in Yorkshire, who in the 13th century was a large landowner, whose clearly defined armorial bearings were the first of the family entered in the Heralds College.

Francis, the only child of the Rev. Francis Bernard was baptized July 12th, 1712, in the church of Brightwell in Berkshire. He was unfortunate in losing his father three years later. He became a scholar of St. Peter's College in 1725, and was admitted as a student to Christ Church, Oxford, later. In 1733 he entered himself a member of the Middle Temple and was called to the Bar in 1737, and soon after settled at Lincoln as a provincial counsel. Four years later he married Amelia, daughter of Stephen Offley, Esq., of Norton Hill, Derbyshire. In 1744 he was elected Steward of the City of Lincoln and Deputy Recorder of Boston. In 1745 he was appointed Receiver-General of the Dean and Chapter of Lincoln. In 1750 he was admitted Procter of the Consistory Court of the Diocese. The years that Francis Bernard spent at Lincoln were probably some of the happiest in his life. He was fortunate in his domestic relations, was doing well in his profession, and his many accomplishments which were always at the service of his friends, rendered him a general favorite in society.

In 1758 Mr. Bernard decided to seek a larger field for the support of his now large family. He was on intimate terms with the second Viscount Barrington, and his brothers and sisters; they were his wife's first cousins. It was thus through his influence that Francis Bernard received the office of Governor of New Jersey. The new world afforded an opening for his sons which meant much to the father. Mr. and Mrs. Bernard and four of their children left England in April, 1758. On his arrival in New Jersey, he entered into negotiations with the Indians. The war at the time raged between England and France rendering the positions of the Indians peculiarly important. By his address and tact he conciliated the Indians, and kept them steadfast in their allegiance to England, Governor Pownall of Massachusetts being appointed to South Carolina. Mr. Bernard was appointed as his successor. His residence in New Jersey was remembered as a time of happiness by the governor and his wife. His life was gladdened by a sense of the good he was able to achieve, and he was hopeful for the future, the page written by Thomas Bernard, his son, of this period reads like a pleasant fairy tale, but it was soon ended. Notwithstanding the supposed indignity offered to the colony of Massachusetts by the appointment of three officers of State by the Crown, the Constitution remained exceedingly democratic. Thomas Bernard gives a sketch of its leading features in which he depicts the colony as forming one of the freest communities in the world.

Governor Bernard reached Boston August 2nd, 1760. He was received with great parade and ceremony. At Dedham he was met by Lieutenant-Governor Hutchinson, several of the Council, and Brigadier-General Isaac Royal and the troops escorted him to his residence at the Province House in Boston. The Militia was drawn up in the main streets, and salutes were fired from all the forts and ships in the harbor, and the Governor and his family were entertained at a great dinner at Fanueil Hall, was then escorted to the State House, and to the Kings Chapel where the Governors were in the habit of attending.

Governor Bernard's nine years' administration in Massachusetts was during one of the most interesting periods in American history. When he arrived at Boston he found affairs on an apparently peaceful and prosperous footing. He stayed till all was in turmoil, and left only just before the storm broke. The first part of his administration was very agreeable. Soon after his arrival Canada was surrendered. The General Court in an address to the Governor declared that without the assistance of England the colonies must have fallen a prey to the power of France, and that without the money sent from England the burden of the war would have been too great to bear. For this relief the colonists gave warm thanks to the king and to parliament, and made the Governor a present of the great island of Mount Desert, and voted a costly monument in Westminster Abbey to Lord Howe, who had fallen in the campaign against Canada.

Much harmony prevailed for two or three years, but this happy and prosperous commencement did not continue. Governor Bernard was soon classed with those who were desirous of strengthening the authority of the government.

Shortly after Bernard's appointment, Chief Justice Sewall died on September 11. He was a great loss to the Province and it was a misfortune that his death occurred just at this time. Colonel Otis, as he was generally called, desired to succeed to this office. It was believed that he and his son were not friendly to the government. Governor Bernard, who had no doubt studied the affairs in Massachusetts, considered Colonel Otis to be wholly unsuited to the position of a Chief Justice, and determined not to appoint him. Thomas Hutchinson, the Lieutenant-Governor, an able and intelligent man, was appointed to the important office of Chief Justice. Governor Bernard had at once realized Hutchinson's qualities and said many years later, when they were both living in England, that he had never repented appointing Hutchinson Chief Justice.[157]

[157] Hutchinson's Diary & Letters. Vol. 1, p. 195.

Lynde, the senior judge, who did not care particularly to succeed Sewall, appears to have been satisfied with the appointment of Hutchinson, also Gridley, the leader of the Bar, and apparently all possible rivals, save Colonel Otis. Hutchinson discharged the duties of his new office in the most satisfactory manner. He proved himself to be efficient, and always kind, as evinced by his special attention to the claims of the helpless.

At this time, there were mutterings of a possible storm, and at this critical moment, in October of 1760, George II died. Just previous to his death Mr. Pitt, Secretary of State, sent a dispatch to the Governor touching on the trade of England and her American colonies. The organized system of smuggling that existed in the Colonies caused the Custom House officers to apply for the "writs of assistance," that were frequently employed in England.

So far the Governor's course had been hampered only by factious opposition from the chief offenders, but this opposition assumed formidable dimensions when the question of "writs of assistance" was brought forward. The rights of the Custom House officers to demand such help was tried before the Supreme Court of Massachusetts. "The verdict was in their favor, but public opinion was strongly excited, and James Otis, the lawyer who opposed the Custom House officers, gained great popularity."[158] Notwithstanding Otis' eloquence, the case as already said was decided against his clients on the point of law. Governor Bernard was only performing his duty when he was active in promoting seizures for illicit trade.

[158] Doyle's History of America, Ch. XVIII.

In speaking of his early life in Boston, Julia Bernard, Governor Bernard's youngest daughter, mentions their home in Boston as "the Government House." She says that they employed both black and white servants, and speaks of the formalities that existed while the family lived there. "In Boston, none of the family, grown up brothers excepted, ever walked out in the town. We had a large garden, but it seemed rather a confinement." She also speaks of her father's home at Jamaica Pond. "This residence we usually moved to in May I think, and here we enjoyed ourselves extremely. We ran pretty much at liberty; there was no form or ceremony. My father was always on the wing on account of his situation. He had his own carriage and servants, my mother hers; there was a town coach, and a whiskey for the young men to drive about. I was used from a child to ride on horseback, and from childhood none of us had any fear of anything." Speaking of these days she says, they "all seemed great, enlightened, and enjoyable."

In describing her parents Julia Bernard says: "My father, though not tall, had something dignified and distinguished in his appearance and manner; he dressed superbly on all public occasions. My mother was tall, and a very fine woman. Her dresses were ornamented with gold and silver, ermine, and fine American sable."

The Province House was visited about the middle of the nineteenth century by Nathaniel Hawthorne, who has written interesting but melancholy pages on the subject.[159]

[159] For description of House, see "The Bernards of Abington and Nether
Winchendon," by Mr. N. Higgins, Vol. I. p. 285.

The Province or Government House occupied by Sir Francis Bernard was situated nearly opposite the head of Milk street. It was purchased by the Colonial Legislature in 1716, of the widow of Peter Sargent, who built it. It was a magnificent building, no pains had been spared to make it not only elegant, but also spacious and convenient. It stood back some distance in its ample lot, and had the most pleasant and agreeable surroundings of any mansion in town. It was of brick, three stories in height, with a high roof and lofty cupola. The house was approached over a stone pavement and a high flight of massive stone steps, and through a magnificent doorway. Two stately oaks of very large size, reared their verdant tops on either side of the gate separating the grounds from the highway, and cast a grateful shade over the approach, through the beautiful grass lawn in front of the mansion.

After the evacuation of Boston the Province House and all other Government property was confiscated and became the property of the State. In 1811 the State gave the property to the Massachusetts General Hospital who leased it for ninety-nine years. Stores were erected in front of it. In 1864 it was destroyed by fire and only the walls are all that remain of the Old Province House. The engraving shown here was made from a sketch of it taken a short time before it was leased and altered. The Royal Arms, and the Indian vane are on exhibition in the Old State House.

Sir Francis Bernard's country mansion was situated on the southwest side of Jamaica Pond, fronting on Pond street, now a part of the Boston Park system. This was and still is a most lovely spot. The mansion house was surrounded with an estate of sixty acres. Here, but for the gathering clouds which darkened the political horizon, the remaining years of this scholarly and able representative of the government might have been passed in the enjoyment of all that seemed the most enjoyable in life--a delightful home, set in a lovely landscape, and the esteem and regard of the people he had governed. His extensive and beautiful grounds were filled with choice fruit trees, plants and shrubs including one hundred orange and lemon trees besides fig, cork, cinnamon and other rare exotics.

After Bernard went to England, it was occupied by the second Sir William Pepperell, until he too was driven out by the disunionists. Then came the siege and the occupation of loyalist dwellings by the revolutionists, this being the quarters of Col. Miller of Rhode Island, in the summer of 1775. Afterwards it was used as a hospital for the camp at Roxbury. The soldiers who died were buried on elevated ground some distance back from the buildings. The governor's hot house was taken by Major Crane and converted into a magazine for the artillery. Confiscated by the State in 1779, it was bought by Martin Brimmer, a Boston merchant, who died here in 1804. Capt. John Prince purchased it in 1806, in 1809 took down the old house, a part of which had stood one hundred and forty-one years, and no doubt many a bumper of good wine had been drunk to the health of the seven sovereigns of Great Britain, who had reigned during that period.

Captain Prince made a road through the property from Pond to Perkins street, now known as Prince street; the whole estate was divided up into good sized building lots, on which many elegant residences have since been erected. In front of one of them are some fine large English elms probably planted by Gov. Bernard. One of them measures twenty-five feet in circumference.[160]

[160] The Town of Roxbury. Francis S. Drake.

Governor Bernard soon after his arrival in Massachusetts became much interested in Harvard College, and his interests extended far beyond the formalities required of him in his official capacity. "Having regard to the Governor's delight in Latin verse, it is not surprising that he should have endeavored to refine and soften the somewhat rugged type of student which Harvard then produced." He suggested that the college should follow the custom established in the English universities, of writing poetical tributes in commemoration of public events. Thirty-one poems were written. Of these nine were by the Governor himself in Greek and Latin, and the others owed their existence to the stimulus of prizes offered by him. It was a difficult undertaking for him to start this custom. A recent writer (Mr. Goddard) styles this volume, indeed, "the most ambitious typographical and literary work attempted on the continent previous to the Revolution, etc."

Governor Bernard's interest and exertion for the development of the material resources of his province should have won him lasting gratitude. He encouraged with all his power the manufacture of potash, the cultivation of hemp and flax on waste lands, and the carriage of lumber to British markets.

The Province prospered under Bernard during these years preceding the Stamp Act, and peace came through his ability and guidance. Mr. Hutchinson writes: "If at the expiration of that term he had quitted the government, he would have been spoken of as one of the best of the New England Governors." His son Thomas, also remarked upon his popularity during these five out of the nine years he presided as Governor of Massachusetts. The House of Representatives, conscious that Mr. Bernard had expended a considerable sum of his own money in improving the castle, and for other public benefits, passed a resolution that the island of Mount Desert, lying on the northeastward of Penobscot Bay, be granted to him and his heirs and assigns. The Council at once concurred in the grant. The confirmation of the Assembly's grant of Mount Desert was contained in a letter from the English Lords of Trade, dated May 21, 1763.

In July, 1763 [writes Thomas Bernard], orders were transmitted to the American Governors for carrying into strict execution the laws of trade, at the same time notifying the new authority which had been delegated to commanders of the King's ships stationed in America, to seize all vessels concerned in any prohibited commerce. These were followed by further orders for improvement of the revenue, and for suppression of all clandestine and illicit trade with foreign nations; with directions for the Governors to transmit such information as they had to communicate on the subject.[161]

[161] Life of Sir Francis Bernard.

Governor Bernard was compelled in the discharge of his official functions to enforce these commands, but he lost no time in remonstrating. His letter to the Earl of Egremont, Secretary of State, contains a plea for the indulgence granted, or tacitly allowed up to that time, with regard to wine and fruit, especially lemons, which he considered necessary to health in the climate of Massachusetts. This letter was followed by another addressed to the Lords Commissioners for Trade and Plantations, in which he entreats that the duties imposed by the Molasses Act may at least be reduced in the interest of England as well as of America, since it had been, and would be evaded, and its end to a large extent defeated. He continues: "this Act has been a perpetual stumbling block to the Custom House officers, and it will be most agreeable to them to have it in any way removed."[162]

[162] "The Bernards of Abington and Nether Winchendon," by Mr. Napier
Higgins.

It was not until Bernard left America that the colonists knew of his protest to the government. A large number evidently were satisfied at his good will and perhaps suspected that he interceded in their favour, so their regard for him survived the trial of the new orders from England.

In the midst of this agitation, the smallpox broke out in the capital, and the Governor was compelled to move the General Assembly to Cambridge. Here in January, 1764, another misfortune occurred. Harvard Hall was burned to a heap of ruins, the only one of the ancient buildings which still remained. Of five thousand volumes, only a hundred were saved, and of John Harvard's books, but a single one.

The Governor at once appealed to the Assembly and obtained a vote for reconstruction. He set the example of contributing towards a new library by the gift of some of his own books; he also drew the architectural design for the new building and superintended its execution. Subscriptions were made both in England and America for the erection of the new hall.

In June 1763, a confederation of several Indian tribes had suddenly and unexpectedly swept over the whole western frontier of Pennsylvania and Virginia, had murdered almost all the English settlers, and through unusual skill captured every British fort between the Ohio and Lake Erie, and had closely blockaded Fort Detroit and Pittsburg. After desperate fighting, the troops under Amherst succeeded in repelling the invaders and secured the three great fortresses of Niagara, Detroit and Pittsburg. The severe fighting appears to have been done by the English troops. Massachusetts seemed to be fatigued from the late war and could give no help when aid was asked. Connecticut finally sent 250 men. Peace was signed in September, 1764, the war having lasted fourteen months, months of extreme horror. The credit of the war belonged to the English soldiers, another great service rendered to the colonies by England.

England felt that the colonies should help share the great expense of the late wars. George Grenville as First Lord of the Treasury, and Chancellor of the Exchequer, signalized his period of administration by the Stamp Act. On the 10th of March the House of Commons on the motion of the Minister, passed a variety of resolutions respecting certain duties on foreign goods imported into the British colonies of America.

Grenville remarked in his honest way to the colonial agents in London, "I am not, however, set upon this tax. If the Americans dislike it, and prefer any other method, I shall be content. Write therefore, to your several colonies, and if they choose any other mode, I shall be satisfied, provided the money be but raised."[163]

[163] Samuel Adams (Hosmer) Ch. VI.

The British Government gave the colonies a year to deliberate, and the House of Representatives trusted Governor Bernard to plead for the colonists. When the members met again on January 10, 1765, the Governor honestly stated how much he had done. On January 14 began in the British Parliament the vehement and eloquent debates, ending in a majority of both Houses declaring in favour of the Stamp Act. The Ministry seems to have paid no attention to Governor Bernard's suggestion. His "Principles of Law and Polity" were ignored and also the Petition of the Assembly. On March 22, 1765, the Stamp Act received the Royal Assent, and England and her colonies were divided.

When the Colonists learned that the hated act had been passed, they became defiant. Riots soon took place in Boston, and Secretary Oliver, who was appointed by the British government as Stamp Distributor, was hung in effigy. This was during the summer of 1765 when the first cargo of stamps was daily expected. Then came the attack upon Mr. Oliver's house, and the complete destruction of Mr. Hutchinson's home.[164]

[164] For further information concerning the Stamp Act, see pp. 40, 41,
42.