FEBRUARY MEETING, 1903.

1 See Publications, vii. 319, 320.

1 For these and other details of Mr. Shattuck’s life the writer is indebted to the very complete and interesting Memoir by Chief-Justice Holmes in 2 Proceedings of the Massachusetts Historical Society for November, 1900, xiv. 361–368.

1 George Putnam, before the Suffolk Bar.

2 Causten Browne, before the Suffolk Bar.

3 James Bradley Thayer, before the Massachusetts Historical Society, 11 March, 1897, printed in its Proceedings (Second Series), xi. 269, 270.

1 Chief-Justice Holmes, before the Suffolk Bar.

1 The first volume was published in 1877. A second volume was completed by Mr. Williamson shortly before his death.

2 See Publications of this Society, vii. 399–403, and Preface to vol. v. A sketch of Judge Williamson will be found in the Republican Journal of Belfast of 4 December, 1902.

1 Mr. Matthews’s paper was printed in full in Dialect Notes, ii. 199–224.

2 Atlantic Monthly, iv. 641; Poetical Works, ii. 197.

3 Americanisms, p. 254.

4 Parts of Speech (1901), p. 110.

5 For examples, ranging from 1773 to 1776, see the Nation, 1 May, 1902, lxxiv. 343, 344.

1 Calendar of State Papers, Colonial Series, 1574–1000, p. 208.

1 Virginia Statutes, iii. 193, 419, 420.

2 History of Virginia (1705), i. 99.

3 For the history of the word Capitol, unknown in the Colonies except in Virginia, see the Nation, 9 May, 1895, lx. 361.

4 Archives of Maryland, i. 36.

1 Archives of Maryland, i. 434.

2 Collections of the New York Historical Society, Second Series, i. 101.

3 Records of New Amsterdam, v, 267, 268, 287; Journal of the Legislative Council of New York, vol. i. p. vii i.

1 South Carolina Statutes, ii. 378.

2 Annals of Yale-College (1766), p. 28.

1 Boston Record Commissioners’ Reports, x. 13, ii. 134.

2 Massachusetts Colony Records, iv. (i.) 327.

3 Ibid. iv. (ii.) 351.

4 Several times, however, we find the building called State House. In 1660 Samuel Maverick wrote:

In 1671 some unknown person remarked:

In his Sermon Preached After the Terrible Fire, in 1711, Cotton Mather, as Mr. Kittredge points out to me, wrote:

This application of the term State House is rare, and indicates that the writers were employing it as synonymous with Town House. As will be shown later, this is the only sense in which the term has ever been used in England. See pp. 22, 23, below.

1 1767, February 17, Massachusetts House Journals, p. 292.

2 1768, August 22, Boston Post-Boy, No. 575, p. 1/2.

3 1768, October 10, Boston Gazette, Supplement, p. 1/1.

4 1768, October 10, Boston Evening-Post, No. 1724, p. 3/1.

5 1769, May 31, Massachusetts House Journals, p. 5.

6 1773, June 3, Massachusetts Spy, No. 122, p. 3/2.

1 1773, June 29, Massachusetts House Journals, p. 96. Referring to this extract, the late Dr. George H. Moore remarked: “On this occasion also the name of ‘State House’ first appears, although it did not come immediately into common use” (Old State House Memorial, 1885, p. 198). The extracts given in the text show that the term had already been in use for five years.

2 History of Massachusetts, iii. 413 note.

1 Calendar of State Papers, Foreign Series, 1569–1571, p. 588.

2 Ibid. 1575–1577, p. 413.

3 In Sir R. Winwood’s Memorials and Affairs of State (1725), iii. 108.

4 Crudities (1611), p. 635.

5 Letters (1775), pp. 184, 349.

6 Familiar Letters (1892), i. 123.

7 Apologie against Brownists, § 9, Works (1628), p. 578.

8 Travels (1844), p. 19.

9 Diary (1889), i. 24, 37.

1 History of Plimouth Plantation (1896), p. 206.

2 Diary (1893), i. 137.

3 Letters and Journals (1881), p. 111.

1 1621, Virginia Statutes, i. 116.

2 1634, Massachusetts Colony Records, i. 117.

3 1635, N. Ward, 4 Massachusetts Historical Collections, vii. 25.

4 1638, R. Williams, Letters (1874), p. 119.

5 1639, T. Lechford, Note-Book (1885), p. 89.

6 1639, J. Endecott, 4 Massachusetts Historical Collections, vi. 136.

7 1643, New England’s First Fruits, 1 Massachusetts Historical Collections, i. 242.

1 1645, R. Vines, 4 Massachusetts Historical Collections, vii. 352.

2 Wonder-working Providence, p. 109.

3 Colonial Records of North Carolina, i. 125.

4 New Account of Carolina (1709), pp. 36, 37.

1 Key into the Language of America (1643), p. 194.

2 Publications, iii. 448–470.

1 Publications, iii. 317–327.

1 See Records of the Court of Assistants, vol. i., passim.

2 History of Cambridge, p. 639.

3 g. m. Bodge, Soldiers in King Philip’s War (1896), pp. 278, 417.

1 See Records of the Town and Selectmen of Cambridge (1901), passim. Facing p. 323 is a facsimile page of Remington’s handwriting as Town Clerk.

2 Records of the Court of Assistants, i. 275.

1 Attorney-General Knowlton.

1 Attorney-General Knowlton.

1 Hon. Richard Olney.

2 Mr. Solomon Lincoln.

3 Mr. Lewis S. Dabney.

1 Hon. Charles Allen.

2 Mr. Causten Browne.

3 Attorney-General Knowlton.

1 Hon. Oliver Wendell Holmes.

1 Hon, John D. Long.

1 The legislation considered in this paper is that which applied to refugees like John Chandler and to their property. The following Acts which readied the cases of Loyalists who remained in Massachusetts, are not discussed. Perhaps reference to them is necessary to round out the subject:—

The Act for disarming persons notoriously disaffected to the cause of America, passed 1 May, 1776 (Province Laws, v. 479);

The Act for taking up and restraining persons dangerous to this Slate, passed 9 May, 1777 (Ibid. v. 641);

The Act for securing this and the other United States against the danger to which they are exposed by the internal enemies thereof, passed 10 May, 1777 (Ibid. y. 648);

The Act for prescribing and establishing an oath of fidelity and allegiance, passed 3 February, 1778 (Ibid. v. 770); together with the several amendments, additions, and explanations of these acts subsequently passed.

1 An Act to indemnify, and to secure from prosecution in law, persons who by their laudable exertions under the late government of the king of Great Britain, have exposed themselves to actions of damage, and other prosecutions, in certain cases, passed 10 April, 1780 (Province Laws, v. 1169).

1 Province Laws, v. 706; and The Journals of each Provincial Congress of Massachusetts, in 1774 and 1775, and of the Committee of Safety, etc., p. 534.

In the note to Chapter 38, Laws of 1776–77 (Province Laws, v. 706–713), Mr. Goodell has collected not only the legislation on this point but also much material bearing upon it. In a similar way he has performed for us the same service in connection with Chapters 24, 48 and 49, Laws of 1778–79 in the same volume (pp. 1001–1009, 1052–1057, 1061), which deal with the same general subject at a later date. There is more of detail in these notes than can be produced here, but their examination will disclose how exhaustive they are and how little is left for the student of the subject to do.

2 Province Laws, v. 706; Journals of the Provincial Congress, etc., p. 249.

1 Province Laws, v. 706; Journals of the Provincial Congress, etc., p. 563.

2 Province Laws, v. 707; Journals of the Provincial Congress, etc., p. 322.

3 Province Laws, v. 707; Journals of the Provincial Congress, etc., p. 337, and Report of Committee, 17 June, p. 348.

1 Province Laws, v. 707; Journals of the Provincial Congress, etc., pp. 368, 369.

2 Province Laws, v. 415.

1 Province Laws, v. 707; Journals of the Provincial Congress, etc., p. 4.76.

2 Province Laws, v. 707; House Journal, p. 73.

1 Province Laws, v. 707; House Journal, p. 254; Massachusetts Archives, ccvii. 270.

2 Province Laws, v. 708, where Mr. Goodell adds:—

By the minutes upon the original resolve in the Archives as well as by the recorded doings of the Council and the House upon this resolve on the 18th and 27th, it does not appear to have been passed, notwithstanding an entry to that effect in the so called records of the General Court.

3 House Journal, p. 119.

4 Ibid. pp. 127, 128.

5 For this amendment, see House Journal, 11 January, 1776, p. 141.

1 Province Laws, v. 708, 709; House Journal, p. 293.

2 Province Laws, v. 1052; House Journal, p. 18.

1 Province Laws, v. 709, 1064; House Journal, pp. 37, 40, 41.

2 Province Laws, v. 709; House Journal, p. 75; Massachusetts Archives, ccviii. 328.

3 House Journal, pp. 88, 89.

4 Ibid. p. 96.

5 Province Laws, v. 1052; Massachusetts Archives, ccviii. 357; House Journal, p. 104.

1 Province Laws, v. 710; House Journal, pp. 153, 154.

1 Province Laws, v. 710; Massachusetts Archives, ccix. 107. The resolve of 19 April, as it is generally cited, is the one that was concurred in by the Council April twenty-third.

2 Province Laws, v. 711; House Journal, p. 127.

1 Province Laws, v. 711; Court Records, xxxv. 77; printed Resolves, chap. cix.

2 See supplementary note to chap. 38 of the Acts of 1776–77, Province Laws, v. 725.

1 Province Laws, v. 711; printed Resolves, chap. cxxxi.; Massachusetts Archives, ccxii. 213.

2 Province Laws, v. 629 et sea.

1 Printed Resolves, September Session, 1778, Resolve xi. p. 38.

2 Province Laws, v, 910, 911.

3 Ibid. v. 931.

4 Ibid. v. 1053.

5 Ibid. v. 1052 et seq.

6 Ibid. v. 912.

1 Province Laws, v. 1000.

2 Ibid. v. 1000.

3 Ibid. v. 1000, 1001.

4 Ibid. v. 1002.

5 Ibid. v. 1002.

6 Resolves of Massachusetts, 1780, Resolve lxxxiii.

1 Laws and Resolves of Massachusetts, 1780–81, chap. 95, p. 183.

2 Ibid. 1780–81. An act in addition to and for the alteration of some of the provisions of an act, etc., chap. 48, p. 113. I have used for my citations of subsequent legislation the reprints of the laws now in progress, the title given being the binder’s title. This is sometimes misleading since the years which govern it are session years and the fall sessions overlapped the calendar year.

3 Ibid. 1780–81, chap. 49, p. 114.

4 Ibid. 1780–81, chap. 65, p. 254; Resolves of Massachusetts, 1781, Resolve lxv. p. 79.

5 Laws and Resolves of Massachusetts, 1780–81, chap. 196, p. 335; Resolves of Massachusetts, 1781, Resolve cxcvi. p. 129.

1 Laws and Resolves of Massachusetts, 1780–81, chap. 52, p. 122.

2 Ibid. 1780–81, chap. 50, pp. 115 et seq.

3 Ibid. 1780–81, chap. 176, p. 400.

4 Ibid. 1780–81, chap. 53, pp. 123–125.

1 Laws and Resolves of Massachusetts, 1780–81, chap. 403, p. 846.

2 Ibid. 1780–81, chap. 524, p. 925.

3 Ibid. 1780–81, chap. 514, pp. 919–921.

4 Ibid. 1782–83, chap. 69, pp. 177–179.

1 Laws and Resolves of Massachusetts, 1782–83, chap. 70, p. 179

1 Laws and Resolves of Massachusetts, 1782–83, p. 499.

2 Ibid. 1782–83, chap. 175, p. 458.

3 Ibid. 1782–83, chap. 10, p. 680.

4 Ibid. 1782–83, chap. 14, p. 783.

1 Laws and Resolves of Massachusetts, 1782–83, chap. 132, p. 873.

2 Ibid. 1782–83, p. 661.

1 Laws and Resolves of Massachusetts, 1784–85, chap. 58, p. 234.

2 Ibid. 1784–85, chap. 25, p. 272.

1 Laws and Resolves of Massachusetts, 1784–85, chap. 31 (1784), p. 105.

2 Ibid. 1784–85, pp. 300–301.

3 Ibid. 1784–85, p. 338.

1 For notices of Holder, see Austin, Genealogical Dictionary of Rhode Island, p. 102; Austin, 160 Allied Families, pp. 2, 9, 31, 58; Massachusetts Colony Records, iv. (i.) 391; Rhode Island Colonial Records, ii. 482, 537; 1 Proceedings Massachusetts Historical Society, xviii. 394; Besse, Sufferings of the Quakers, ii. 177; Bishop, New England Judged (1885), pp. 3, 9, 37, 45, 75, 76, 98, 113, 123, 137; C. F. Holder, The Holders of Holderness (1902), passim.

2 History of New England, ii. 467, 468.

3 See pp. 26–28, above.

4 Publications, iii. 450.

1 Publications, vi. 109–123.

2 Hart’s Army List (1900), p. 130.

1 David Briant became Captain-Lieutenant in the Third Continental Artillery 1 January, 1777, and Captain 10 May. He died 12 September, 1777.

2 John Gridley was Captain-Lieutenant of the Third Continental Artillery.

3 See these Publications, v. 283, 281.

4 Lieut. Joseph Andrews was born at Hingham 5 August, 1757. His father of the same name served the town as Selectman from 1775 to 1777, and as Treasurer in 1769. The soldier’s brother Loring was one of the original proprietors of the Charleston (South Carolina) News and Courier; and a nephew of the soldier was Joseph Andrews, the Boston engraver. (History of the Town of Hingham, ii. 13.) According to Heitman’s Historical Register, Andrews became First Lieutenant of the Third Continental Artillery 1 February, 1777, and died 22 November of the same year.

1 Diman or Dimond Morton was a brother of Perez Morton. Jeremiah Niles was Captain-Lieutenant of the Third Continental Artillery.

1 Levi Bicknell of Weymouth served in Capt. Joseph Trufant’s Independent Company in 1775, and in Col. Crane’s Regiment in 1777. In September of that year he was reported killed.

1 The originals of these letters are in the Brookline Public Library.

1 The blotting of the second figure unfortunately makes the date undecipherable. The Andros government was overturned on Thursday, April 18th. Hence Sundays occurred in that month on the 7th, the 14th, and the 21st. Cotton Mather, writing about 1699, said:

Folsom, writing in 1837, said:

Later still, Willis wrote:

The document in the text tells a somewhat different story.

1 Publications, i. 271—303.

2 New England Historical and Genealogical Register, ix. 312.

3 Bourne, History of Wells and Kennebunk, p. 187; 1 Collections Maine Historical Society, i. 269

4 Bourne, History of Wells and Kennebunk, p. 187.

5 New England Historical and Genealogical Register, ii. 180; Bond, Genealogies of Watertown, i. 364; Pope, Pioneers of Massachusetts, p. 305.

6 Sibley, Harvard Graduates, iii. 179.

1 Publications, iii. 448–470.

2 1 Collections Maine Historical Society, i. 347.

3 Bourne, History of Wells and Kennebunk, p. 187

4 Massachusetts Archives, General Court Records, vi. 89, 90, 91.

1 See Sarah L. Bailey, Historical Sketches of Andover, pp. 102, 103.

2 See Ibid. pp. 417–420; New England Historical and Genealogical Register, xxxii. 292; Proceedings of the American Antiquarian Society for October, 1884, pp. 268–275, 286.

1 The word “desiring” has here been crossed out.

2 The Rev. Benjamin Woodbridge, a brother of the Rev. John Woodbridge, graduated at Harvard College in 1642. See Sibley, Harvard Graduates, i. 20–27; Bailey, Historical Sketches of Andover, pp. 89, 90.

3 The date “26” has been crossed out and “2” substituted for it.

4 Presumably 1648 or 1649.

1 For many letters written by Dr. Martineau to the Rev. Joseph H. Allen, see the Publications of this Society, vi. 417–454.

1 The Rev. Dr. Furness was born in Boston 20 April, 1802, graduated at Harvard College in 1820, and died in Philadelphia 30 January, 1896.

1 This was Lowell’s second wife, Frances (Dunlap) Lowell, who died 19 February, 1885.

2 The celebration of the centennial of the adoption of the Federal Constitution. It was held in Philadelphia, 15–17 September, 1887. Dr. Furness was a member of the committee in charge of the arrangements for the exercises on the seventeenth, when an Address was delivered by President Cleveland and an Oration by Mr. Justice Miller of the Supreme Court of the United States. Lowell’s letter, doubtless, was in reply to a request from Dr. Furness to write an Ode for the occasion.

1 Miss Agnes Repplier, of Philadelphia.

1 The writer’s sister, Harriet Martineau.

2 Mrs. Pierce Butler, better known as Fanny Kemble. See her Records of later Life (1882), i. 70–75.

3 Remarks on the Four Gospels (1836).

1 The Rev. Dr. Edmund H. Sears of Weston, Massachusetts.

2 The Rev. Dr. Henry W. Bellows. He was a classmate of Dr. Sears at the Harvard Divinity School in 1837.

1 Basil Martineau and Russell Martineau.

1 Eliza Scudder was born in 1821 and died in 1896. For a sketch of her, written by Horace E. Scudder, see her Hymns and Songs (1896), pp. xi–xxiii.

1 William Cullen Bryant.

1 For a notice of William Rathbone Greg, see the Dictionary of National Biography, xxiii. 88.

1 The Rev. William H. Channing (H. C. 1829).

1 The Seat of Authority in Religion (1890).

1 The allusion is to the Rev. Dr. Frederick Augustus Farley (H. C. 1818), then the senior surviving alumnus of Harvard College. He was born in Boston 25 June, 1800, and died in Brooklyn, New York, 24 March, 1892.

1 Joseph Henry Allen.

1 Massachusetts Colony Records, i. 151; Records of the Court of Assistants, ii. 54.

2 Preface to Records of the Court of Assistants, vol. i. p. xi.

3 Records of the Court of Assistants, vol. ii. part iii., now in preparation, attempts to fill these gaps, as far as possible. See Preface, vol. i. p. xii.

1 Sketches of the Judicial History of Massachusetts, p. 68.

2 History of New England (1853), ii. 192, 196, 198–201. Some later reference to the case is to be found in the Massachusetts Colony Records, iii. 49.

3 Capt. Nathaniel Duncan of Dorchester and later of Boston was the only incumbent of this office, which was created in 1645 and abolished in 1657.

4 Massachusetts Colony Records, iii. 193; iv. (i.) 10, but in the latter less full and without the preamble.

5 Massachusetts Colony Records, iii. 252; iv, (i.) 69.

1 Massachusetts Colony Records, iv. (ii.) 345.

1 Massachusetts Colony Records, iv. (ii.) 388; Colonial Laws, 1660 (Whitmore’s edition), p. 251.

2 2 Massachusetts Historical Collections, viii. 101.

Somewhat illustrating this is a case tried in the County Court in April, 1663, with ar air of piracy about it, in spite of the result the jury arrived at:

They were placed in prison in the care of the keeper by John Pease, constable.

Copy of County Court Record at Boston 28 April 1663, states that “nothing appearing against Laremitt, the action proceeded,” etc. Jury brought in verdict for the plaintiff £280–6–0 damage and costs of Court £0–44–8. “The jury affermed they medled not w^th that of Piracie.”1

Still earlier will be found cases where the Court of Assistants took jurisdiction, pure cases of Admiralty, and where, when in doubt, they referred the matter to the High Court of Admiralty in England.

Many cases of this sort will appear in the Records of the Court of Assistants, volume ii.—now in course of preparation and to be issued in the near future.

1 Massachusetts Colony Records, iv. (ii.) 575; Colonial Laws, 1672–1686 (Whitmore’s edition), p. 213.

2 Records of the Court of Assistants, i. 298, 300, 301.

1 Massachusetts Colony Records, v. 131.

2 Province Laws, i. 19.

3 The Commissions of the Governors of the Province as Vice-Admirals will appear in Volume ii. of the Publications of this Society.

4 Passed 17 August, 1695, Province Laws, i. 220.

1 Records of the Superiour Court of Judicature, 1695–1700, ii. 81. This volume, backed 1686–1700, contains also the record of four special Courts of like character, 1686 and 1687, and one 1698.

2 Suffolk Court Files, no. 3, 407.

3 Sketches of the Judicial History of Massachusetts, p. 172.

4 Province Laws, vii. 514.

5 Sketches of the Judicial History of Massachusetts, p. 175; Douglass, Summary, i. 483.

1 Province Laws, ii. 68.

2 Douglass, Summary, i. 483;

3 Boston Weekly News-Letter of Thursday, 19–26 September, 1728, No. 91, p. 2/2, which contained the following notice:

1 The Boston Gazette of Tuesday, 1 May, 1750, No. 1572, p. 1/3, contains the following notice:

Auchmuty’s death is also noticed in the Boston Evening-Post of Monday, 30 April, 1750, No. 768, p. 1/2.

2 The Massachusetts Gazette of Monday, 1 July, 1771, No. 3/2, contains this notice:

The King’s Chapel Burial Register records his burial on the first day of July.

For this information I am indebted to Mr. Julius Herbert Tuttle, the obliging assistant librarian of the Massachusetts Historical Society.

1 Washburn, Sketches of the Judicial History of Massachusetts, P: 175.

2 Summary, i. 484.

1 Summary, i. 483.

2 Publications, iii. 71.

3 Province Laws, viii. 386–398. See also Sewall’s Diary, ii. 104–111, for a. full and graphic story of the expedition after the pirates, the trial, execution, etc.

4 Province Laws, viii. 386.

1 Province Laws, viii. 397.

2 Ibid. viii. 386. See also Sewall’s Diary, ii. 3, 4, as to the vote in Council and the grounds of his action.

3 Sketches of the Judicial History of Massachusetts, p. 173 et seq.

1 J. Adams, Works, ii. 221–220, ix. 317–319, x. 204–210; Hutchinson, History of Massachusetts, iii. 232 and note.

2 Province Laws, ix. 078.

3 Ibid. ix. 601.

4 Ibid. x. 437.

1 Province Laws, x. 626.

2 From the Records of the “Last court of Appeales, Grand Assize, & generall Goale delivery holden (ut antea) at Boston the 2^d day of Novemb^r Anno Jacobi Anglia &c^a secundo Annoq Domini 1686,” fol. 13.

3 Case of Benjamin Blackleich, in 1694, late of Boston, mariner, charged with piratically seizing ship Good Hope, Jer. Tay, Master, off the Cape Verde Islands. There are seven papers—list of men aboard both ships, depositions, etc. (Suffolk Court Files, no. 3033). The jury found no bill, and Tay was “Cleared by Proclamation” in Court and in like manner subsequently discharged. The case is recorded. (Records of Superiour Court of Judicature, 1092–1695, i. 86, 142.) There is also much pertaining to the famous John Baptist, with variations of name: nos. 19,755; 19,554; 28,868. See also no. 26,283. There are also other cases: nos. 10,923; 11,945; vol. mlviii,’no. 98. Besides these there are others related in different ways to Admiralty matters; as for instance a copy of “Articles of Warr for Admirall, Vice Admirall & other Officers y^t are in y^e Duke of Brandenburg’s Service”—“Articles 6^th, 7^th, 8^th, 14^th, 15^th, 32^th.” The paper (no. 28,540) is without date. Some of such papers have been cited in this communication.

A case in which the Duke, “the Great Prince of Brandenburgh,” is concerned is Paul Sharrot v. Marcellus Cocke, “Att a Court of Assistants or Admiralty . . . the 4^th of August, 1681” (Second Booke of Records, fol. 126; Records of the Court of Assistants, i. 179). The original papers in the case, ten in number, are in Suffolk Court Files, no. 2,031. This case is illustrative of the jurisdiction of the Court of Assistants in Admiralty Matters, and its mode of handling them, already adverted to, so many instances of which appear in the first volume of its records, lately issued. It shows, too, the preservation of the original files of these early cases, not infrequently to be found in the miscellaneous collection entitled Early Court Files of Suffolk.

1 Province Laws, i. 245, viii. 386–398.

2 Ibid, viii., Index and Notes.

3 Ibid. v. 436–441, 462–468, 474, 503, 806–808, 930, 931, 1077, 1173–1175.

1 Cited in Washburn’s Sketches of the Judicial History of Massachusetts, p. 159.

2 Defence of the New England Charters, p. 26; Quincy’s Massachusetts Reports, p. 82.

3 Quincy’s Massachusetts Reports, pp. 74–83. The record of the case is found in Records of the Superiour Court of Judicature, 1763–64, vol. xxiv. fol. 107.

1 Diary, iii. 118.

2 Records of the Superiour Court of Judicature, 1715–1721, vol. iv. fol. 169.

3 Ibid. fol. 142. To these cases I had recourse in framing a writ some twenty-five years ago. The writ had several times been ordered in the Supreme Judicial Court to issue, as appeared from the Reports, but seemed never to have been actually drawn up and issued, the order for it being at once respected and fulfilling all purposes. No precedent was found within the days of the Commonwealth. The forms found in those old cases of more than one hundred and fifty years before furnished concise models to work upon, which avoided the prolixity and cumbrousuess of the English writs, too unwieldy in cases of emergency and stress.

4 Ibid. fol. 259.

5 Ibid. fol. 338.

6 Diary, iii. 369.

7 Book No. 2, fol. 188, 30 January, 1724.

1 Records of the Superiour Court of Judicature, 1721–25, vol. v. fol. 117; Suffolk Court Files, no. 16,953.

2 Sewall’s Letter-Book, ii. 210.

1 Suffolk Court Files, no. 30,398.

1 Commentaries, Book i. ch. iv., citing Bracton, Britton, Fleta and Prynne.

2 Blackstone, Book i. ch. viii. § 10.

3 Deplorable State of New England, 5 Massachusetts Historical Collections, vi. 39.

1 Records of Admiralty, 1718–1726, Book No. 2, fols. 32, 33.

1 Records of Admiralty, 1718–1726, Book No. 2, fol. 50.

1 Records of Admiralty, 1718–1726, Book No. 2, fols. 26, 27.

1 Records of Admiralty, 1718–1726, Book No. 2, fols. 67, 68.

2 Ibid. fol. 57.

3 The Captain had an affair of honor with John Boydell, the Register of Court of Admiralty, as appears by the Records of the Superiour Court of Judicature, 1718, fol. 259, Dec. Ad^jt.

Capt. Thomas Smart and John Boydell “fought a Duil upon Boston Com̃on”—in the middle of the forenoon—each drawing his sword and Boy dell receiving a slight wound in his arm. As a result of which they were sentenced to “pay a fine to his Majesty of Tenn pounds each, suffer four and Twenty hours Imprisonment” and both bound over till next Court in May, the Captain in one hundred pounds and Boydell in fifty.

1 Records of Admiralty, 1718–1726, Book No. 2, fol. 60.

1 Records of Admiralty, 1718–1720, Book No. 2, fols. 12–15.

2 Ibid. fols. 5, 6.

1 Records of Admiralty, 1718–1726, Book No. 2, fol. 96.

2 Ibid. fol. 83.

1 Records of Admiralty, 1718–1726, Book No. 2, fol. 109

1 Records of Admiralty, 1718–1726, Book No. 2, fol. 182.

2 Ibid. fol. 116.

3 Ibid. fol. 159.

1 The exercise of Admiralty Jurisdiction by the Court of Assistants has been touched upon in this paper, and cases recorded in Volume i. mentioned. Many original papers in such cases are among the Suffolk Court Files: nos. 1,279; 1,417; 1,425; 1,514; 1,587; 1,672; 1,819; 1,887; 1,909; 1,932; 1,934; 1,935; 1,939; 1,940: 1,941; 1,942; 1,943; 2,031; 2,055; 28,540 (without date); 2,087; 2,102; 2,152; 2,398. There are some later files, in the Superiour Court of Judicature, before 1700: nos. 3,123; 4,188; 98,533; 3,564; 26,145; 26,283; 26,572; and others also incidentally touching on such matters: nos. 26,660; 26,661; 28,225; 28,409; 28,437; 28,550; 28,808; 28,831. There are also numerous files relating to Piracy previous to or in 1700, except such as are undated: nos. 514; 817; 826; 1,238; 1,287; 1,288; 1,390; 2,251; 2,516; 2,539; 2,520; 2,537; 2,538; 2,540; 3,010; 3,033; 3,765; 4,576; 4,682; 4,860. These are undated: nos. 24,464; 25,973; 26,283; 26,627; 27,230; 27,989; 28,808; 10,923 (1716); 162,286 (fragment); vol. mlviii. no. 99 (fragment). There are besides these, the noted cases of John Baptist, Jean Baptiste: nos. 19,554 (2 papers); 19,755 (12 papers); 28,868; 26,283; and of Van Vorst: nos. 11,945 (8 papers); 26,283 (7 papers), cited above.

These citations, of course, taken, with a few casual exceptions, from the Calendar Index, 1629 to 1700, are. not intended to be exhaustive.

1 See the Publications of this Society, iii. 220, vi. 259–265.

1 Publications, iii. 415–430, v. 322–339.

2 Chauncy died 19 February, 1671–72.

3 It is not necessary to give a full account of a man so well known as Richard Saltonstall. He was the eldest son of Sir Richard, was born in 1610, and was educated but not graduated at Emmanuel College, Cambridge, the Alma Mater of so many of the founders of New England. He came over with his father in 1630, settled at Watertown, then at Ipswich after his return from a visit to England, and held various important positions here. He married Muriel Gurdon, daughter of Brampton Gurdon, and died at Hulme, Lancashire, 29 April, 1094. (See L. Saltonstall, Ancestry and Descendants of Sir Richard Saltonstall, pp. 12, 86–97.)

An error of long standing may properly be corrected. In 1862 Savage wrote:

To the documents printed in the text, which prove that Saltonstall was in this country in 1672, two more may be added,—one showing that he was here in 1671, and the other giving an approximate date for his departure for England in 1672. Under dates of 19 and 26 May, 1671, the Rev. William Adams wrote:

In a letter dated Charlestown, 1 June, 1672, Edward Collins, writing to Goffe and Wh alley, said:

Finally, there is in the Massachusetts Archives (Iviii. 72) a document which shows that Saltonstall was here on 21 August, 1671.

1 Genealogical Dictionary, iii. 41, 42.

2 4 Massachusetts Historical Collections, i. 16. Adams refers to the Rev. Thomas Cobbet of Lynn and Ipswich.

3 For notices of Knowles, see Mather, Magnalia (1853), i. 589–591; Calamy, Nonconformist’s Memorial (1775), ii. 349–351; Bond, Genealogies and History of Watertown, pp. 329, 1047; C. Francis, History of Watertown, pp. 28–31; Sprague, Annals of the American Pulpit, i. 118–120; Winthrop, History of New England (1853), ii. 22, 94, 116; Johnson, Wonder-working Providence (1867), pp. xxvii, lxxxv, 137, 178, 227; 1 Proceedings Massachusetts Historical Society, xvii. 352. The date of Knowles’s death is variously given as April tenth or November tenth, 1684.

1 4 Massachusetts Historical Collections, viii. 584.

2 Bishop Browne of Bristol says that Knowles “was elected a Fellow of St. Catharine’s 1627” (St. Catharine’s College, p. 119); and E. K. Purnell states that Knowles “had become Fellow of Catharine Hall” (Magdalene College, p. 98).

3 History of New England (1853), ii. 21, 22.

4 Watertown Records, i. 9, 16. The last allusion to Knowles is under date of 8 October, 1651:

Presumably, therefore, Knowles did not return to England before late in 1651.

1 Suffolk Court Files, no. 1093. There is apparently nothing either in the Massachusetts Archives or in the Harvard College Records that throws light on this document.

1 The Rev. Ichabod Wis wall, in whose hand the deed is written, studied at Harvard College between 1651 and 1654 but did not graduate, and was the minister of Duxbury from 1676 to his death on 23 July, 1700. See Winsor, History of Duxbury, pp. 180–184; Sibley, Harvard Graduates, i. 16 note, 560, 561; Savage, Genealogical Dictionary, iv. 615; Palfrey, History of New England, iii. 424, 554, iv. 87, 88.

2 David Alden was a son of John Alden. See Winsor, History of Duxbury, p. 214; Savage, Genealogical Dictionary, i. 23.

3 William Bradford was the son of Gov. William Bradford. See Winsor, History of Duxbury, pp. 230, 231; Savage, Genealogical Dictionary, i. 232.

1 The original deed is still in the possession of Mr. Barker, a descendant of John Alden. Mr. Barker owns a portion of the land, lying in Duxbury and Kingston.

1 This was Muriel (Gurdon) Saltonstall, the wife of Richard Saltonstall.

2 Perhaps there is here a covert allusion to Charles Chauncy, who, in February of the year in which the letter was written, signed a promise of submission and conformity, as given (not with verbal accuracy) by Sprague in his Annals of the American Pulpit, i. 110–114.

1 Brampton Gurdon was then about seventy, while his wife was fifty-two.

2 Of Edmund Gurdon, who was born in 1616, little is known, though apparently he did not live long. He was the Edmund Gordon mentioned by Savage (Genealogical Dictionary, ii. 280), who came over in 1635 with his sister and brother-in-law, Richard Saltonstall. See pp. 193–198, above.

1 The word palatine is adapted from the French palatin, an adaptation of the Latin palatinus; and has been employed in England since at least as early as 1436. See the Oxford Dictionary.

2 In his County Palatine of Durham (Harvard Historical Studies), Prof. G. T. Lapsley does not mention these American charters.

3 In J. T. Scharf’s History of Maryland, i. 35.

4 North Carolina Colonial Records, i. 7.

5 George Calvert was created Baron Baltimore in 1625 and died 15 April. 1632, shortly before the Charter of Maryland was issued.

1 In E. Hazard, Historical Collections (1792), i. 329 An English translation is given by Scharf, History of Maryland, i. 54. Cf. the Archives of Maryland, iii. 18.

2 Pennsylvania Magazine (1883), vii. 57. An English translation is given by Hazard, Historical Collections, i. 160–109, taken from a pamphlet issued in 1784 by Charles Varlo. In the nineteenth century this Patent was generally regarded as a forgery, and as late as 1899 Sir Edmund Clarke asserted that the papers which Varlo brought to this country “were probably forgeries” (Dictionary of National Biography, lviii. 154). In 1881 Mr. G. D. Scull stated that “in the Bodleian Library at Oxford, there is a MS. copy in Latin of the Letters Patent granted to Sir Edmund Plowden in Dublin” (The Evelyns in America, p. 361). Already, however, in 1880 “it had occurred to Mr. Brinton Coxe, of Philadelphia, to have a search instituted in the proper office at Dublin for the same letters patent, said by Varlo to be on record in that city, and almost by return mail had been received the certificated copy of the paper, which we take satisfaction in reproducing literatim” (Pennsylvania Magazine, vii. 54, 55).

3 Documentary History of the State of Maine, vii. 208. Cf. J. W. Dean, Captain John Mason (Prince Society), p. 363.

1 Hazard, Historical Collections, i. 444. Cf. Documentary History of the State of Maine, vii. 225, 344–346, 351–355; Collections Maine Historical Society, i. 400

2 South Carolina Statutes, i. 23. Cf. North Carolina Colonial Records, i. 22.

3 South Carolina Statutes, i. 32; North Carolina Colonia! Records, i. 103.

4 Capt. Thorne George, in Notes and Queries, 11 July, 1903, Ninth Series, xii, 23. See also pp. 347, 417, 496.

5 Hazard, Historical Collections, i. 458.

6 Ibid. i. 470, 480.

1 Documentary History of the State of Maine, vii. 301, 302.

2 In the Dedication to his Collection of Several Pieces of M^r. John Locke, Never before printed, or not extant An his Works, published in 1720, Pierre Desmaizeaux wrote:

See also Locke’s Works (1823), x. 175–199; H. Williamson, History of North Carolina, i. 104–111; Dictionary of National Biography, xii. 117, xxxiv. 29.

3 North Carolina Colonial Records, i. 29, 110, 111.

4 See Mr. Toppan’s paper on The Failure to Establish an Hereditary Political Aristocracy in the Colonies, read before this Society in March, 1897 (Publications, iii. 407–415).

1 Thirty-third Annual Report of the Deputy Keeper of the Public Records (1872), pp. 258, 262.

2 North Carolina Colonial Records, i. 179.

3 Ibid. i. 180.

4 Ibid. i. 194.

5 Ibid. i. 181

6 S. Wilson, Account of the Province of Carolina, in B. R. Carroll, Historical Collections of South Carolina, ii. 20.

1 J. Archdale, Description of Carolina, p. 12.

2 F. Yonge, Narrative of the Proceedings of the People of South Carolina in the Year 1719, in B. R. Carroll, Historical Collections of South Carolina, ii. 144.

3 In his sketch of Locke, Sir Leslie Stephen falls into the singular error of alluding to the Fundamental Constitutions of Carolina as “a piece of constitution-mongering which never came into operation” (Dictionary of National Biography, xxxiv. 29). The Charter of 30 June, 1665, was surrendered to the Crown on 25 June, 1729 (South Carolina Statutes, i. 40, 41).

4 Collections of the New York Historical Society for 1869, p. 214. The document is without date, but in the Calendar of State Papers, Colonial Series, 1574–1660, p. 154, it is assigned to “June?”

1 Strafford’s Letters and Dispatches (1739), i. 72; Collections of the New York Historical Society for 1869, p. 219.

2 See p. 205, above.

3 History of New England (1853), ii. 396. Other references to New Albion and to Plowden will be found in the Collections of the New York Historical Society, iii. 379; Collections of the New York Historical Society, Second Series, i. 334, 335, ii. 279, 323–326; Collections of the New York Historical Society for 1869, pp. 3, 221, 222; New York Colonial Documents, i. 289, ii. 82, 92, xii. 51 and note, xiii. 486, xiv. 57; Calendar of State Papers, Colonial Series, 1574–1660, p. 336; Ibid., 1675–1676, p. 85; Archives of Maryland, iii. 373; S. Smith, History of New Jersey (1765), pp. 24, 24–32 notes; J. Penington, in Memoirs of the Historical Society of Pennsylvania, iv. (i.) 132–165; T. F. Gordon, History of New Jersey, pp. 17, 18, 333; Gentleman’s Magazine, August, 1840, pp. 163–167; I. Mickle, Reminiscences of Old Gloucester (1845), p. 95; Collections of the New Jersey Historical Society, i. 8; Proceedings of the New Jersey Historical Society, vi. 25; S. Hazard, Annals of Pennsylvania, pp. 36–38. 109–112; Notes and Queries, First Series, iv. 58, 165, 319–322, ix. 301, 302; J. R. Brodhead, History of the State of New York, i. 140 note, 381, 484, 485, 754,755; E. D. Neill, Founders of Maryland, p. 57 note; E. D. Neill, in Pennsylvania Magazine, v. 200–216, 424, 425; Pennsylvania Magazine, vii. 346–349; F. B. Lee, New Jersey as Colony and State, i. 75–84; E. Hazard, Historical Collections, i. 170–174; I. S. Mulford, Civil and Political History of New Jersey, pp. 67–75; W. Nelson, Fifty Years of Historical Work in New Jersey, pp. 10, 11 and note. The only full and accurate account of “this curious episode in the history of English colonization in America” will be found in G. B. Keen’s Note on New Albion in the Narrative and Critical History of America, iii. 455–468.

1 Hazard, Historical Collections, i. 172, 173.

2 R. Evelin, in B. Plantagenet, Description of the Province of New Albion (1837), pp. 21, 23. (Force’s Tracts and Other Papers, ii.)

3 B. Plantagenet, Ibid. p. 13. Who Beauchamp Plantagenet was, has never been discovered. Plantagenet’s pamphlet was reprinted at Oxford, England, in 1881 by G. D. Scull in his Evelyns in America, pp. 67–115, and at Rochester, New York, in 1898 by G. P. Humphrey in his American Colonial Tracts.

4 Pennsylvania Magazine, vii. 51.

1 Is it possible that we have here the origin of the joke about New Jersey’s not being within the United States?

2 Massachusetts Centinel, 14 August, 1784, p. 2/3. The extract in the text is preceded by the following:

These extracts, together with others from Varlo’s writings, were printed by Mr. William Kelby in the Pennsylvania Magazine, vii. 346–349; but the words “directed for E. P.” are wrongly given as “directed for E. F.” Presumably the initials “E. P.” stand for “Earl Palatine.”

3 Pennsylva nia Magnzine, vii. 348.

4 The following extract from the Massachusetts Centinel of 14 August, 1784, has not, so far as I am aware, been reprinted:

1 The pamphlet is rare, but there is a copy (lacking the title-page) in the Washington Collection in the Boston Athenaeum.

2 Since this sentence was written, the section of the Oxford Dictionary containing the word Palatine has been published. Dr. Murray gives one earlier citation (dated 1708) than those in the text for the word Palatine in this sense. He also shows that the word Palatinate has occasionally been employed in the same sense and quotes examples from the London Gazette (1709) and the Critic (1890). The same word is also found in H. F. Reddall’s Fact, Fancy, and Fable (1889):

3 See, besides the references in the text, Burnet, History of His Own Times (1809), iv. 280, 281, 314, 315; H. Williamson, History of North Carolina, i. 178–186, 275–281; S. Earl, The Palatines and their Settlement in the Valley of the Upper Mohawk, in Transactions of the Oneida Historical Society (1831), pp. 31–51; A. D. Mellick, German Emigration to the American Colonies, in the Pennsylvania Magazine, x. 241–250, 375–391; T. F. Chambers, The Early Germans of New Jersey (1895); S. H. Cobb, Story of the Palatines (1897); C. B. Todd, Story of the Palatines, in Lippincott’s Magazine (1883), xxxi. 242–252.

4 N. Luttrell, Brief Relation of State Affairs (1857), vi. 454.

1 N. Luttrell, Brief Relation of State Affairs (1857) vi. 467.

2 Ibid. vi. 474. Cf. vi. 413, 472, 473.

3 New York Colonial Documents, v. 87. Cf. v. 44.

4 North Carolina Colonial Records, i. 718.

5 R. Hunter, New York Colonial Documents, v. 165. This early attributive use of Palatine may be noted.

6 Journal of the Votes and Proceedings of the General Assembly of the Colony of New York (1764), i. 284.

7 R. Hunter, in Journals of the Votes and Proceedings of the General Assembly of the Colony of New York, i. 284.

8 A. Spotswood, Official Letters (1882), i. 116. It was in this massacre that John Lawson, the surveyor, lost his life. His New Account of Carolina was published in 1709.

1 Journal of the Legislative Council of the Colony of New York (1861), i. 323.

2 Pennsylvania Colonial Records, iii. 29.

3 H. Jones, Present State of Virginia, p. 59.

4 Pennsylvania Colonial Records, iii. 283. For other references to the Palatine emigrants into Pennsylvania, see Ibid. iii. 241, 282, 284, 285, 287, 288, 290, 322, 323, 327–329, 331, 332, 367, 368, 385, 386, 413, 414, 416, 417, 431, 452–458, 465, 466, 515–519, 524, 568, 570, 593, 597; iv. 58, 59, 72, 99, 315; v. 112, 140; vi. 170–175.

5 Pennsylvania Gazette, 13–20 June, 1734, in New Jersey Archives, xi. 347.

6 South Carolina Gazette, in E. McCrady’s History of. South Carolina under Royal Government (1899), p. 129.

1 American Weekly Mercury, 31 May–7 June, 1739, in New Jersey Archives, xi. 569.

2 Pennsylvania Colonial Records, vi. 169.

3 S. Niles, 4 Massachusetts Historical Collections, v. 332. See p. 214, above.

4 W. H. Browne, Maryland, p. 181.

5 E. McCrady, History of South Carolina under Royal Government, p. 129.

6 Lucy F. Bittinger, The Germans in Colonial Times, p. 6.

7 O. Kuhns, The German and Swiss Settlements of Colonial Pennsylvania, p. 71.

1 N. D. Mereness, Maryland as a Proprietary Province p. 122.

2 For allusions to the Palatines in Ireland, under dates of 1756, 1776, and 1778, see J. Wesley, Works (1826), ii. 342–344, iv. 14; A. Young, Tour in Ireland (1780), ii. 123, 138, 151; L. Tyerman, Life and Times of J. Wesley, ii. 146, 238, 354.

3 The Buccaneer, Poems (1827), pp. 1–42. In his Preface, Dana says:

In spite of this reticence, there can be no doubt that Dana had Block Island in mind, though there is no allusion to the Palatines. Cf. stanzas, i, li, iii, lviii, lxix, lxxi, xc, xci, cxi, cxv–cxvii.

4 The Palatine, Atlantic Monthly for January, 1867, xix. 51–53; Poetical Works (1888), iv. 274–278. Mr. Pickard says: “In a note to Mrs. Fields he [Whittier] gives the first hint of his ballad ‘The Palatine,’ August 18, 1867” (Life and Letters of Whittier, ii. 526, 527). As the poem was printed in January, 1867, it is evident that Mr. Pickard has made a slight error in dating the letter.

5 The Last Palatine Light, in The Afternoon Landscape (1889), pp. 59–63. I am indebted to Mr. Andrew McF. Davis for this reference.

6 Christmas in Narragansett (1884), pp. 284–293. Again I am indebted to Mr. Davis for the reference.

1 Medical Repository for February, March, and April, 1811, Third Hexade, ii. 387, 389.

1 Medical Repository (1813), New Series, i. 408–410. Dr. Willey’s letter is printed in Arnold’s History of Rhode Island (1860). ii. 88–91, from the Rhode Island Republican of 16 March, 1836, taken from the Parthenon. This last, I suppose, was a magazine of that name published in New York in 1827, but of which I have found no copy. Dr. Willey’s letter is also printed in several of the books referred to in a note on p. 220, below. It was addressed to Dr. S. L. Mitchill (not Mitchell, as usually given).

1 In Picard’s Life and Letters of Whittier, ii. 527, 528.

2 For other references to the Palatine Light and the Palatine Ship, see W. P. Sheffield, Historical Sketch of Block Island (1876), pp. 37–46; S. T. Livermore, History of Block Island (1877), pp. 112–126; S. G. Arnold, History of Rhode Island, ii. 68, 69; O. Kuhns, The German and Swiss Settlements of Colonial Pennsylvania (1901), p. 72; H. T. Beckwith, in Historical Magazine (1858), ii. 98–106; C. Lanman, in Harper’s Magazine (1870), liii. 168178; C. Lanman, Recollections of Curious Characters and Pleasant Places (1881), pp. 296–304; C. B. Todd, in Harper’s Magazine (1882), xxx. 537, 541543; Block Island, R. I., A Summer at Sea (1883), pp. 1, 6; E. E. Pettee, Block Island, R. I. (1884), pp. 96–104; A. W. Brown, in New England Magazine (1888), vi. 107–125; The American (1890), xx. 368–369; S. W. Mendum, in New England Magazine (1897), New Series, xvi. 738–751. Prof. Henry W. Haynes has kindly sent me several references.

3 See p. 214, above.

4 New York Colonial Documents, v. 166.

1 Pennsylvania Magazine, xi. 244. Elsewhere Mr. Davis writes:

2 Publications, i. 114.

3 In L. M. Sargent’s Dealings with the Dead, ii. 519. Other instances of the conveying of Palatines from Boston to Philadelphia are known. Under date of 30 November, 1730, we read:

Again, under date of 15 May, 1732, we read:

4 Pennsylvania Magazine, xi. 248.

1 Under date of 29 December, 1731, we read in the Massachusetts House Journals:

In the Province Laws we get a somewhat more detailed account:

From still another source we learn that on 28 March, 1732, the agents for the Palatines presented to the Council—

For further information in regard to these Palatines at Martha’s Vineyard, see the Massachusetts House Journals, 6 January, 1735–36, p. 200; Massachusetts Province Laws, xi. 671, 778, 784, xii. 250; Massachusetts Archives, Council Records, ix. 352, 353, 357, 369, 399, 403, 404, 482, 485, 486.

1 On 20 March, 1731–32, Gov. Belcher wrote in a letter to Gov. Gordon of Pennsylvania:

In 1859 Joseph Willard wrote:

It may not be without interest to conclude this account of the Palatines with an instance of improper conduct on the part not of the officers of the vessel but of the Palatines themselves. The following appeared in the Boston News-Letter of 27 October—2 November, 1732:

It is possible that this account throws some light on a tradition set forth by a writer in the Pennsylvania Magazine, xi. 506, 507.

1 Boston Evening Transcript, 15 December, 1903, p. 2/5. From her name, Mrs. Hazard was presumably a Sands, a family long connected with Block Island.

2 These verses were found in a small manuscript volume in the Boston Public Library. On the inside of the cover are written the words:

In a different hand is written the following:

On the first page it is stated that “Samuel Clap: (the sone of Rogar Clap) was borne the. 11. of octobar: (1634.);” and on the second page is the following entry:

1 Increase Nowell, long the Secretary of the Colony, came to this country in 1630, and died 1 November, 1655 (Savage, Genealogical Dictionary, iii. 295; Wyman’s Genealogies and Estates of Charlestown, ii. 710).

2 Born in England in 1609, Roger Clap came to this country in 1630, settled at Dorchester, was made Captain of the Castle at Boston in 1665, and died 2 February, 1690–91. The Memoirs of Capt. Roger Clap, written by himself, were published by Prince in 1731, and have since been reprinted several times. Savage (Genealogical Dictionary, i. 390) erroneously gives the date of Capt. Clap’s death as 2 February, 1692.

3 Governor Winthrop died 26 March, 1649.

4 Presumably Governor Thomas Dudley, who died 31 July, 1653.

1 William Hibbins of Boston died 23 July, 1654 (Savage, Genealogical Dictionary, ii. 409).

2 Thomas Flint of Concord died 8 November, 1653 (Savage, Genealogical Dictionary, ii. 174). He was a leading citizen of Concord, a Representative and an Assistant.

3 John Glover of Dorchester died in 1654 (Savage, Genealogical Dictionary, ii. 261).

1 Henry Withington of Dorchester (Savage, Genealogical Dictionary, iv. 618; Records of the First Church at Dorchester, 1891, p. 9; Boston Record Commissioners’ Reports, xxi. 27).

2 This word is obscure.

1 In 1662 Henry Withington married, for his second wife, Margaret, the widow of Richard Paul. She died 20 May, 1676.

1 See Savage, Genealogical Dictionary, iii. 455; Boston Record Commissioners’ Reports, xxi. 28. A somewhat different version of this epitaph is given by James Blake in his Annals of the Town of Dorchester (pp. 26, 27), written about 1750, where we read:

This year Died Mr. William Pole, of whom y^e Records thus Speak. “Mr. William Pole, that sage, Reved. Pious man of God, departed this life Febr. 24th, 1674.” He was Clerk of y^e Writs & Regester of Births, Deaths & Marriages in Dorchester about 10 years; and often Schoolmaster in Dorchester. Upon his Tomb it is thus written.

The epitaph cut on the gravestone differs from both of the above versions, and gives the date of death as 25 February, 1674 (Annual Report of the Boston Cemetery Department for 1901–1905, p. 230).

1 Miss Mercy Scollay was a daughter of John Scollay and a sister of Col. William Scollay. The original of Arnold’s letter is owned by Miss Mary A. Bigelow, a daughter of the late Dr. Jacob Bigelow. In 1817 Dr. Bigelow married Mary Scollay, daughter of Col. William Scollay. See Publications of this Society, v. 209 note, 210 note, 213 note; 1 Proceedings of the Massachusetts Historical Society, xvii. 417; Memoir of Henry J. Bigelow (1900), p. 5.

2 For a notice of David Townsend, who graduated at Harvard College in 1770, see Memorials of the Massachusetts Society of the Cincinnati (1890), pp. 480, 481.

3 Warren left four children: (i) Elizabeth, who was born in 1765, married Arnold Welles in 1785, and died in 1804; (ii) Joseph, who was born in 1768, graduated at Harvard College in 1786, and died in 1790; (iii) Mary, who married (1) Samuel Lyman of Northampton and (2) Richard E. Newcomb of Greenfield, and died in 1826; and (iv) Richard, who was born about 1772 and died in 1793. For information about these children, see R. Frothingham, Life and Times of J. Warren, pp. 542–546; I. N. Arnold, Life of B. Arnold, pp. 210–220; J. Sparks, Life and Treason of B. Arnold, pp. 126–128; A. H. Everett, Life of J. Warren (Sparks’s Library of American Biography, 1856), pp. 93–183; New England Historical and Genealogical Register, xi. 122; E. Warren, Life of J. C. Warren, ii. 56; E. Warren, Life of John Warren, pp. 84–90; F. M. Thompson, History of Greenfield, ii. 1036; Genealogical Memoir of the Newcomb Family, 1874, pp. 309, 310.

4 John Hancock.

1 Part of this letter was printed, but not altogether correctly, by Sparks in his Life and Treason of B. Arnold, p. 127.

2 Publications, vi. 277.

3 Literary Diary, ii. 349. President Stiles (Y. C. 1746) was the son of the Rev. Isaac Stiles, who graduated at Yale in 1722. The titles of the books referred to by Stiles are: Clap’s Essay on the Nature and Foundation of Moral Virtue and Obligation; being a Short Introduction to the Study of Ethics; for the Use of the Students of Yale-College (1765); Edwards’s Careful and Strict Enquiry into the modern prevailing Notions of that Freedom of the Will, which is supposed to be essential to Moral Agency, Vertue and Vice, Reward and Punishment, Praise and Blame (1754); and W. Wollaston’s Religion of Nature Delineated (1724). One of the compositors who set up the last mentioned work was Franklin.

1 Collections of the Connecticut Historical Society, ii. 145, 146.

1 Mr. Sedgwick died at Rome, Italy, and was buried at Stockbridge, Massachusetts, on the twenty-third of January, 1904.

2 See Benjamin W. Dwight’s History of the Descendants of John Dwight of Dedham, New York, 1874; and Erastus Worthington’s History of Dedham, Boston, 1827.

1 Life and Letters of Miss Sedgwick, p. 52.

2 It was by his advice that William Cullen Bryant moved to New York City, and began there his remarkable career. (Miss Sedgwick’s Life and Letters, p. 441.) There is an admirable notice of Henry Dwight Sedgwick, the elder, in the Democratic Review for February, 1840, in an article entitled Political Portraits, Theodore Sedgwick,—the latter being the elder brother of Henry.

1 Publications, iii. 156–173. 16

1 It was given by Henry Stevens 22 August, 1861.

2 Presumably William Shirley, Governor of Massachusetts.

3 The second of December, 1694, was Sunday. As the fourth of February, 1694–95, fell on a Monday, it may be inferred that this entry was written during that month.

4 William Basset (1644–1695) was presented by the Salters’ Company to the Rectory of St. Swithin’s in London in July, 1683. He was a graduate of Magdalen College, Oxford, and the author of several books. See the Dictionary of National Biography, iii. 386.

5 John Shirley, brother of the Governor, died in infancy. See Stemmata Shirleiana, p. 305.

6 The Rev. John Clark was the successor of the Rev. William Basset as Rector of St. Swithin’s.

1 Perhaps John Godman of Ote Hall, Sussex, whose daughter Elizabeth married William Shirley, the father of Governor Shirley. See Burke’s Landed Gentry (1871), i. 514; Stemmata Shirleiana, p. 319.

2 To this point the Memorandum may be in the handwriting of William Shirley, the father of Governor Shirley.

3 From this point the handwriting appears to be that of Governor Shirley. Elizabeth or Betty Shirley married Eliakim Hutchinson.

4 The first wife of Governor Shirley was Frances, daughter of Francis Barker of London. See Foote, Annals of King’s Chapel, ii. 129–133, 142, 225, 226

5 The following is taken from the Boston Evening-Post of Monday, 12 July, 1736, No. 48:

Madam Cosby was the widow of Governor William Cosby of New York, who had recently died.

6 The Rev. Thomas Harwood of King’s Chapel.

7 William Shirley, baptized 3 October, 1721, was Secretary to Braddock and was killed in 1755. Besides the children mentioned in the Memorandum, Governor Shirley had one son and four daughters: Sir Thomas; Judith; Frances, the wife of William Bollan; Harriet, the wife of Robert Temple; and Maria Catharine, the wife of John Erving.

8 Eliakim Hutchinson (H. C. 1730).

9 The Rev. Roger Price, Rector of King’s Chapel.

1 An imperfect copy of this letter, but undated, is given by Bigelow in his edition of Franklin’s Works, ii. 154, 155. The original letter is owned by the Boston Athenaeum.

2 William Franklin, later Governor of New Jersey, was brought up in his father’s family, and had been an officer in the Pennsylvania forces raised for an expedition against Canada.

3 Franklin’s daughter Sarah married Richard Bache.

4 Franklin’s sister Jane married Edward Mecom.

1 The allusion is to Franklin’s nephew, Josiah Davenport, and his wife Sarah Billings, who had been recently married in Boston.

2 Edward and Jane (Franklin) Mecom.

3 New England Historical and Genealogical Register, v. 00, vi. 20. See Savage, Genealogical Dictionary, ii. 2–12, iii. 73, 172; Sewall’s Diary, i. 118. 119 notes, iii. 27, 49, 80; Dictionary of National Biography, xxxii. 378; Records of the Church in Brattle Square, Boston (1902), pp. 5, 95, 102.

1 Calendar of State Papers, Colonial Series, 1574–1660, p. 261.

2 See the Calendar of State Papers, Domestic Series, 1635, p. 286; Calendar of State Papers, Domestic Series, 1635–1636, p. 175.

3 The will was printed in The Edward Jackson Family of Newton, Massachusetts, compiled by F. F. Starr and J. J. Goodwin and privately printed in a limited edition at Hartford, Connecticut, in 1895. As, however, this book, not having been published, is not easily procurable, and as there have been many inquiries in regard to the will, it seems justifiable to print it in full in our Transactions.

1 Christopher Jackson of London had two sons, John Jackson (baptized 6 June, 1002) and Edward Jackson (baptized 3 February, 1604–05), who emigrated to this country. John Jackson was the first permanent settler of Cambridge Village (now Newton), where he was in 1639, while Edward Jackson came over in 1643. Edward Jackson was a leading citizen, holding various official positions of honor and trust, always active in public affairs, and foremost in all movements affecting the interests of the town. After a long and useful life, he died 17 July, 1681.

Edward Jackson was twice married. By his first wife, Frances, he had the following children: (i) Israel; (ii) Margaret; (iii) Hannah, who married John Ward; (iv) Rebecca, who married Thomas Prentice; (v) Caleb; (vi) Joseph; (vii) Frances;1 (viii) Jonathan, who married Elizabeth Baker; (ix) Sebas, who married Sarah Baker. On 14 March, 1648–49, Edward Jackson married (2) Elizabeth (Newgate) Oliver, the widow of John Oliver (II. C. 1645) and the daughter of John Newgate (or Newdigate) of Boston. By her he had the following children: (i) Sarah, who married the Rev. Nehemiah Hobart; (ii) Edward; (iii) Lydia, who married Joseph Fuller; (iv) Elizabeth, who married (1) John Prentice and (2) Jonas Bond; (v) Hannah, who married Nathaniel Wilson; (vi) Ruth.

The will of Edward Jackson shows the large number of his grandchildren living in 1681, and over forty of his descendants are said to have served in the Revolutionary War. The Civil War showed brilliantly that the fighting spirit and the love of country still remained in his later descendants. Collaterally, too, through his older brother John, the Jackson blood asserted itself, as his grandniece was the mother of Col. Ephraim Williams, the founder of Williams College, and of his brother Dr. Thomas Williams, both of whom took part in the Old French War.

The genealogies in these notes are taken from The Edward Jackson Family of Newton, Massachusetts, from F. Jackson’s History of Newton, from Paige’s History of Cambridge, and from Savage’s Genealogical Dictionary; to all of which the reader is referred for full particulars.

1 John Newgate was born in England and died in Boston in 1065. His will is printed in the New England Historical and Genealogical Register, xiii. 333–335.

2 In 1634 W. Wood wrote:

The name was subsequently changed to Point Shirley in honor of Governor Shirley. It is now in the town of Winthrop. See Shurtleff, Topographical and Historical Description of Boston, p. 437; Memorial History of Boston, ii. 61; New England Historical and Genealogical Register, xiii. 111; Boston News-Letter, 13 September, 1753; Manual of the General Court.

1 Edward Jackson, son of the testator, was born 15 December, 1652, and married (1) Grace—, by whom he had one son who died in infancy, and (2) Abigail Wilson, by whom he had the following children: (i) Elizabeth, who married Capt. Thomas Prentice, grandson of Capt. Thomas Prentice the Trooper; (ii) Abigail, who apparently died young; (iii) Hannah, who married Joshua Loring of Roxbury, father of Commodore Loring of the British Navy; (iv) Samuel; (v) Alice; (vi) Edward; (vii) Abigail, who married Daniel Bobbins.

2 Jonathan Jackson, son of the testator, was born in England, settled in Boston, and died 28 August, 1693. By his wife Elizabeth Baker, he had the following children: (i) Elizabeth; (ii) Mary; (iii) Jonathan, born 28 December, 1672; (iv) Edward; (v) Sarah.

Jonathan Jackson, son of Jonathan and Elizabeth (Baker) Jackson, was born 28 December, 1672, and died in 1736. By his wife Mary, daughter of Jabez Salter, he had the following children: (i) Jonathan, born 28 April, 1701; (ii) Mary; (iii) Jonathan, born 14 June, 1704; (iv) Elizabeth; (v) Edward, born 3 January, 1706–07; (vi) Edward, born 26 February, 1707–08; (vii) Jabez.

Edward Jackson, son of Jonathan and Mary (Salter) Jackson, was born 26 February, 1707–08, graduated at Harvard College in 1726, and died in 1757. By his wife Dorothy Quincy, the “Dorothy Q.” of Dr. Holmes, he had two children: (i) Jonathan, born 14 June, 1743; (ii) Mary, who married Oliver Wendell. Oliver and Mary (Jackson) Wendell had a daughter Sarah, who married the Rev. Abiel Holmes and so became the mother of Dr. Oliver Wendell Holmes.

Jonathan Jackson, son of Edward and Dorothy (Quincy) Jackson, was born 14 June, 1743, graduated at Harvard College in 1701, and died in 1810. By his wife Hannah, daughter of Patrick Tracy, he had the following children: (i) Robert; (ii) Henry; (iii) Charles, born 31 May, 1775, graduated at Harvard College in 1775, became Justice of the Supreme Judicial Court of Massachusetts, and died in 1855; (iv) Hannah, who married Francis Cabot Lowell; (v) James, born 3 October, 1777, graduated at Harvard College in 1796, became the distinguished Professor and Doctor, and died in 1867; (vi) Sarah; (vii) Patrick Tracy, born 14 August, 1780, became a noted merchant in Boston, and died in 1847; (viii) Harriet; (ix) Mary, who married Henry Lee.

Of three sons of Jonathan and Hannah (Tracy) Jackson, it has been said, that “Judge Charles Jackson, Dr. James Jackson, and Mr. Patrick Tracy Jackson, . . . occupied as large and as high a position in their respective professions and in the esteem of their neighbors as any three men who ever lived in Boston” (Memorial History of Boston, iv. 155 note).

1 John Ward, who married Hannah, the daughter of Edward and Frances Jackson, was a son of William Ward of Sudbury. He settled in Cambridge Village, where he was prominent, and died 1 July, 1704. His wife Hannah died 24 April, 1704.

2 Thomas Prentice married Edward Jackson’s daughter Rebecca. See F. Jackson, History of Newton, pp. 392, 393; Paige, History of Cambridge, p. 029; Binney, History and Genealogy of the Prentice or Prentiss Family in New England (1883), pp. 249, 250.

3 Sebas Jackson, born in England or perhaps on the passage to this country, married Sarah, daughter of Thomas Baker of Roxbury, and died 6 December, 1690. His children were: (i) Edward, born 12 September, 1672; (ii) Sebas;1 (iii) John; (iv) Sarah, who married Jonathan Draper; (v) Elizabeth, who married (1) Caleb Grant, and (2) John Taylor; (vi) John; (vii) Jonathan; (viii) Mary; (ix) Joseph.

1 See p. 251 note, above.

2 See p. 251 note, above.

3 Thomas Hammond, an early settler in Hingham, later removed to Cambridge Village.

4 This was probably Zechariah Hicks of Cambridge, referred to in a former communication to this Society (Publications, iii. 451; and see Paige, History of Cambridge, p. 580).

5 John Clark was born in Watertown in 1641, then lived in Muddy River (now Brookline), and was in Cambridge Village as early as 1681.

6 For this and many other localities named in the will, see the map in Jackson’s History of Newton.

7 Jonathan Hyde was born in 1626 and came to Cambridge Village in 1647.

8 Vincent Druce, an early inhabitant of Hingham, removed to Cambridge Village.

9 The Rev. Nehemiah Hobart, who married Edward Jackson’s daughter Sarah, was born at Hingham 21 November, 1618, graduated at Harvard College in 1667, for forty years preached at Cambridge Village, and died 25 August, 1725.

1 Joseph Fuller of Newton married Edward Jackson’s daughter Lydia, and died in 1740.

2 John Fuller, Sr., an early settler of Cambridge Village, was the father of Joseph Fuller, who married Edward Jackson’s daughter Lydia.

3 Capt. Isaac Williams, a son of Robert Williams of Roxbury, removed to Cambridge Village about 1660. He married Martha, daughter of William Park, and was the father of Ephraim Williams, who was the father of Col. Ephraim Williams (the founder of Williams College) and of Dr. Thomas Williams.

4 John Prentice, son of Capt. Thomas Prentice the Trooper, was born in 1655, married Edward Jackson’s daughter Elizabeth, and died 4 March, 1688–89.

5 Thomas Greenwood, an early settler, came into Cambridge Village about 1607, held various offices, and died 1 September, 1693. He married Hannah, daughter of John Ward and granddaughter of Edward Jackson.

1 In his History of Newton (p. 445), Jackson says that Nathaniel Wilson married Hannah, daughter of John and Elizabeth (Newgate) Oliver. John and Elizabeth (Newgate) Oliver did have a daughter Hannah, but she died in 1053 aged about eleven. Nathaniel Wilson’s wife was Hannah, daughter of Edward and Elizabeth (Newgate) Oliver Jackson. She was born in 1660.

2 The four grandchildren of the testator named Edward were: Edward Jackson, son of Jonathan and Elizabeth (Baker) Jackson; Edward Jackson, son of Sebas and Sarah (Baker) Jackson; Edward Ward, son of John and Hannah (Jackson) Ward; and Edward Prentice, son of John and Elizabeth. (Jackson) Prentice.

1 John and Thomas Oliver were the sons of John and Elizabeth (Newgate) Oliver, and hence were the step-sons of Edward Jackson. In the seventeenth and eighteenth centuries, the terms “father-in-law,” “mother-in-law,” “son-in-law,” and “daughter-in-law,” frequently meant step-father, step-mother, step-son, and step-daughter, respectively.

2 Elizabeth Wiswall, the daughter of John and Elizabeth (Newgate) Oliver, married Enoch Wiswall of Dorchester, a son of Elder Thomas Wiswall. She died 31 May, 1712, and her husband 28 November, 1736. See the Publications of this Society, vi. 334 note.

3 In reply to a request for information, our associate Mr. William C. Lane writes me that “Quincy (History of Harvard University, i. 513) mentions it in his list of gifts, but there is no trace of it at the present day, and it was no doubt lost in the fire of 1764. I suppose the author is Hugh Broughton, the distinguished Biblical and Jewish scholar.” For a notice of Broughton (1549–1612), see the Dictionary of National Biography, vi. 459–462, where we read:

4 Edward Jackson was one of the proprietors of Cambridge, at different times receiving allotments in the division of the common lands, and also a large proprietor in the Billerica lands, a tract of eight thousand acres granted to Cambridge by the General Court, receiving in the allotment of 1652 four hundred acres, the tract given in his will to Harvard College. Quincy says that this land was “never obtained” (History of Harvard University, i. 512).

1 Capt. Thomas Prentice, the noted Trooper, was born in England in 1621 and died 6 July, 1710. See Jackson, History of Newton, pp. 389, 469–475.

1 Abraham Jackson (1655–1740) was the son of Edward Jackson’s brother John Jackson, and the grandfather of Col. Ephraim Williams, the founder of Williams College.

2 John Mirick died 11 July, 1706.

3 John Mason, a tanner, was a Constable and Selectman in Cambridge Village.

4 Isaac Bacon (1650–1684) was a son of David Bacon.

5 Suffolk County Court Files, no. 2005.

1 It need scarcely be pointed out that “Little Boston’s” historical knowledge was not always accurate. Sewall did not become Chief-Justice until 1718.

1 See Irving, Life of Washington (1855), i. 224–228.

2 See p. 244 note 7, above.

1 Irving, Life of Washington, i. 227 note. See also Memorial History of Boston, ii. 127 note.

2 Between the evacuation of Boston on March seventeenth and April fourth, when he left for New York, Washington was in Boston several times. See W. S. Baker, Itinerary of General Washington, 1775–1783 (1892), pp. 32–36.

3 See the Publications of this Society, vii. 321–329.

4 See Boston Record Commissioners’ Reports, xxvii. 124, xxxi. 207–213; Massachusetts Magazine (1790), ii. 3; New England Historical and Genealogical Register, viii. 190, 191, xiv. 161–166; Loring, Hundred Boston Orators, pp. 114–116; E. Everett, Mount Vernon Papers, pp. 106–114. Washington’s portrait was taken at Portsmouth by Christian Gullager and this eventually came into the possession of the Rev. Dr. Belknap (1 Proceedings of the Massachusetts Historical Society, iii. 309, 310). At this time, also, the portrait of him by Edward Savage, now in Memorial Hall at Harvard College, was taken (W. S. Baker, Engraved Portraits of Washington, pp. 73–77; C. H. Hart, Catalogue of the Engraved Portraits of Washington, p. 101). Washington Street, Boston, first received its name 4 July, 1788. (See Record of Streets, 1902, p. 378; Boston Record Commissioners’ Reports, xxi. 164, 178,180, xxvii. 59.

1 In a letter written to Sir Isaac Heard 2 May, 1792, George Washington said that his brother “died in February, 1787, at his estate on Nomony, in Westmoreland County, and was there buried” (Writings, Sparks’s edition, i. 550). February was doubtless a slip for January, as on 10 January, 1787, George Washington wrote a letter of condolence to Bushrod Washington on the death of the latter’s father (Washington’s Writings, Ford’s edition, xi. 107, 108). On 18 May, 1776, John Augustine Washington wrote a letter from Williamsburg to George Washington, to which the latter replied 31 May (Force, American Archives, Fourth Series, vi. 631, 632).

2 The Proceedings of the Convention of Delegates, held at the Capitol, in the City of Williamsburg, in the Colony of Virginia, on Monday the 6th of May, 1776, were printed at Williamsburg in 1776, again at Richmond in 1816, and once more in Force’s American Archives, Fourth Series, vi. 1509–1015. The three delegates from Westmoreland County were Richard Lee, Richard Henry Lee, and John A. Washington. In his elaborate discourse on The Virginia Convention of 1776, written and published in 1855, Hugh B. Grigsby merely mentions Washington by name (p. 189) and says that “John A. Washington was probably the alternate of R. H. Lee” (p. 206).

3 Grigsby says:

The “fifteenth” is of course a slip for the twelfth. Under date of 12 June, 1776, is the following:

1 John Augustine and Hannah (Bushrod) Washington had several children, among them: (i) Bushrod, (ii) Corbin, who married Hannah, daughter of Richard Henry Lee, (iii) Mildred, who married Thomas Lee, son of Richard Henry Lee, (iv) Jane, who married William Washington, a son of Augustine Washington, the half-brother of John Augustine Washington.

2 Two newspapers, each called the Virginia Gazette, were then published at Williamsburg, one by Alexander Burdie, the other by John Dixon and William Hunter (Virginia Magazine, ix. 10).

1 Doubtless the writer’s son-in-law, William Washington.

2 See p. 118 note 3, above.

3 In 1782 Robert Carter owned two hundred and seventy-eight slaves (Virginia Magazine, x. 230).

4 For notices of Bushrod Washington, see H. Binney, Bushrod Washington (1858); J. Story, Miscellaneous Writings, pp. 808–811; William and Mary College Quarterly, iv. 252; Appletons’ Cyclopaedia of American Biography, vi. 384, 385.

1 Probably William Washington, who, as stated in a previous note, married Bushrod Washington’s sister Jane.

2 Probably the writer’s uncle, Samuel Washington, who was born 16 November, 1734, died in 1781, and married five times: (1) Jane Champe, (2) Mildred Thornton, (3) Lucy Chapman, (4) Anne Steptoe, and (5) Susannah Perrin, a widow.

1 The Bible and Heart was the sign of Thomas and John Fleet, publishers of the Boston Evening Post, printers and booksellers. Their shop stood on the northerly corner of Pudding Lane (now Water Street) and Cornhill (now Washington Street), – on the site now covered by the Journal Building.

1 Daniel Shays, the leader of Shays’s Rebellion, 1786–1787.

2 Luke Day, a leader of the insurgents in Shays’s Rebellion. See G. R. Minot, History of the Insurrections in Massachusetts (1788), p. 164.

1 Annalium Reliquiae, ix. vii. 313–315, in Vahlen, Ennianae Poesis Reliquiae (1851), p. 47.

1 Æneid, vi. 846.

2 De Officiis, i. 24 (1710), p. 89.

3 New English Canaan, p. 119. It can scarcely be doubted that allusions to Fabius must frequently have occurred in the writings of the sixteenth and seventeenth centuries.

4 Examen, iii. vii. § xlvii. p. 537. Quoted in the Stanford Dictionary.

5 Works (1869), p. 605. Quoted in the Stanford Dictionary, where no example is given between Swift and Macaulay (1855).

6 Letters (1866), iii. 255.

7 Works, ix. 369.

1 Letters from America (1792), p. 336.

2 Remembrancer for the Year 1776 (1777), iv. 170.

3 In the Oxford Dictionary Dr. Murray’s earliest example of Fabian is from Joel Barlow’s Columbiad (1809)—where it is also applied to Washington. The extracts in the text show that for a generation the word had been in familiar use in this country.

4 Works (1866), vii. 503.

1 Familiar Letters of John Adams and his Wife Abigail Adams during the Revolution (1876), pp. 304, 305.

2 In T. Sedgwick, Jr.’s Memoir of the Life of William Livingston (1833), pp. 325, 326.

3 M’Fingal, iv. (1782), p. 74.

1 Voyages dans l’Amerique Septentrionale (1786), i, 170.

2 Works, vii. 27.

3 Writings (1895), iii. 249.

1 View of the Causes and Consequences of the American Revolution, p. xxxv note.

2 1 Henry VI., iii. i. 98.

3 These examples are taken from that storehouse of knowledge, the Oxford Dictionary. It may be noted that pater patriae was applied to Marius, to Cicero, to Trajan, and others. See Harper’s Latin Dictionary, under pater, D.

4 Early Records of Providence, viii. 17.

1 Massachusetts House Journals, p. 2.

2 History of Massachusetts, i. 151.

3 Massachusetts House Journals, p. 93. Everything depends on the point of view. After the outbreak of the Revolution, George the Third was depicted by the American patriots as a fiend incarnate who delighted in their massacre. Not in these colors did the same monarch appear in the eyes of a certain maid of honor to Queen Caroline. The contrast presented by the letters of John Adams and the diary of Fanny Burney, is amusing. It may be added that in 1787 Sir George Bromley dedicated his Collection of Original Royal Letters—

4 Mention may be made of the employment of the word Father among the Indians. Apparently the English colonists borrowed this from the French of Canada. In 1684 the Governor of Canada having made complaints to Governor Dongan of New York of the conduct of the Senecas, the latter on August fifth of that year gave an answer to Governor Dongan in which they said:

Referring to events that occurred in 1761, Alexander Henry said:

Under date of 29 April, 1764, we read:

In 1766 William Smith wrote:

In a letter dated 19 November, 1779, George Rogers Clark said:

On 21 August, 1805, Major Pike wrote:

Thus, as these extracts show, the expression was transferred from the French Governor of Canada to the King of France, from the King of France to the King of Great Britain, and from the King of Great Britain to the President of the United States.

1 Writings (Ford’s edition), xi. 101.

1 Washington’s Writings, xi. 123 note.

2 Thomas Mifflin.

3 Thomas M’Kean.

4 Richard Peters.

5 William Bradford, Jr.

6 George Read.

7 Charles Thomson.

8 Pennsylvania Packet, 21 April, 1789, p. 3/1.

1 Pennsylvania Packet, 24 April, 1789, p. 3/1.

2 Ibid. p. 3/1.

3 Ibid., 9 July, 1789, p. 2/3.

4 Ninth edition, p. 445.

1 Life of Washington, v. 763.

2 Ibid. v. 765.

3 Ibid. v. 765 note. Whether Marshall wrote from rough but inaccurate notes, or whether he trusted entirely to memory, it is impossible to determine; but certain it is that his version of the resolutions is inaccurate. In order that the difference may be made clear, Marshall’s account follows:

1 Journal of the House of Representatives (1800), pp. 44, 45.

2 Funeral Oration, in Eulogies and Orations on the Life and Death of General George Washington, Boston (1800), p. 17.

3 1 Proceedings of the Massachusetts Historical Society for October, 1863, vii. 163, 164. See also the Publications of this Society, i. 85–112.

1 Notes on the History of Slavery in Massachusetts (1866), pp. 107, 108.

2 Tracts relating to the Currency of the Massachusetts Bay, edited by Andrew McF. Davis (1902), pp. 179, 180.

1 Appleton married Sarah Greenleaf 21 May, 1780, and had seven children. After his death, his widow married Joseph Haven of Portsmouth, New Hampshire, and died 2 January, 1838. See W. S. Appleton, Genealogy of the Appleton Family (1874), p. 22; Boston Record Commissioners’ Reports, xxiv. 285, xxx. 446.

2 For a letter written 19 March, 1800, by Samuel Cary, relating to Dr. Pearson’s resignation, see the Publications of this Society, iii. 177–179.

3 The daughter married the Rev. Ephraim Abbot of Greenland, New Hampshire (Sarah L. Bailey, Historical Sketches of Andover, p. 537). Dr. Pearson married for his second wife, in 1785, Sarah Bromfield, daughter of Henry Bromfield.

4 For a notice of, and allusions to, the Rev. Dr. Pearson, see the Publications of this Society, v. 205–214 and notes, vi. 221.

1 A classmate, Thomas Farrington, of Amesbury.

2 The Boston Gazette, as is evident from a later reference to the publishers, Edes and Gill, p. 307, below.

3 All the College records preserve a discreet silence in regard to the reasons for President Samuel Locke’s resignation. At the meeting of the Corporation on 7 December, 1773:

The cause of President Locke’s resignation and of the considerate silence generally observed in regard to it, is disclosed in President Stiles’s Literary Diary, i. 426.

4 I am indebted to Mr. Albert Matthews and to the Rev. Dr. Edward Everett Hale for the suggestion that the letters “S. C.” stand for the Speaking Club of Harvard College, the predecessor of the Institute of 1770. The records of the Speaking Club, comprising Journal, Laws and Orders, signatures of members, and accounts, are still preserved, almost intact, in the College Library. The Club was founded in 1770, with Samuel Phillips, President; Joseph Pearse Palmer, Vice-President; and Israel Keith, Secretary—all of the Class of 1771.

Pearson and Appleton were received as members 18 June, 1771, at the close of their Sophomore year. Appleton was elected Secretary in June, 1772, and seems to have so remained while in College. As a resident graduate, he evidently continued to take a lively interest in the Society. The object of the Society was to provide an opportunity for practice in public speaking and declamation. Despite the secrecy which attended the Society at the time, and which would have concealed its very existence, it may be permissible at this late day to quote three orders which were adopted 16 November, 1773, in order to show the serious way in which the work of the Society was taken.

On 28 December, 1801, the name of the Society was changed to “Patriotic Association,” in order that the object of the Society’s endeavors, which apparently was its sole secret, might not be betrayed by a casual mention of its name. The entry in its record on this occasion is as follows:

For additional facts in regard to the history of the Speaking Club, and the other societies afterward incorporated with it, see the account of the Institute of 1770, by Francis Greenwood Peabody, in The Harvard Book (1875), ii. 341, 312, and an earlier brief account in the Harvard Magazine (1864), x. 236–239.

5 Caleb Gannett, of the Class of 1763, was Tutor from 1773 to 1780, Fellow from 1778 to 1780, and Steward from 1779 to 1818. He lived in the house that stood just west of the present site of the Harvard Law School. A water-color view of the College made about 1805, now in the College Library, was taken “from the Seat of Caleb Gannett Esq.” Cf. Publications of this Society, vii. 202.

1 Nahum Cutler, the first member of the class to die. His name is starred in the Triennial Catalogue of 1776, but the date of his death is unknown. He is frequently referred to in the following letters. See, in particular, the mention of his death on p. 316, below.

2 Probably Stephen Crosby of Cambridge, a classmate. He was born 8 August, 1752, according to the Records of the College Faculty, iii. 168.

1 After months of heated discussion and protest stirred up by the duty laid upon tea, the Dartmouth, bringing the first cargo of the “detested plant,” had arrived in Boston Harbor on 28 November, 1773. On the following day a public meeting was called in Faneuil Hall which later adjourned to the Old South Church. Votes were passed declaring that the tea must be returned in the same bottoms in which it came, and that no duty shall be paid thereon. Adjourned meetings on the afternoon of the same day and on the next day (30 November), held for the purpose of hearing what propositions the consignees had to make, exacted promises from the owner and master of the Dartmouth and from the owners of the other vessels expected that they would comply with the requirements of the people. A letter from the consignees, and in the afternoon a message from them brought by John Singleton Copley the artist, stated that it was out of their power to reship the teas, but that they were ready to store the teas under inspection until they were able to hear further from their constituents. This offer was voted to be not “in the least degree satisfactory to this body,” and the watch which had been appointed the previous day “for the security of Capt. Hall’s ship and cargo” was continued and instructed to take charge of other ships which might arrive later. Resolutions were passed denouncing as enemies to their country any persons who should import tea from Great Britain, and declaring that they would prevent its landing and sale and the payment of any duty thereon, and it was voted “That it is the determination of this body to carry their votes and resolutions into execution at the risque of their lives and property.” (“Proceedings of the town of Boston on the 20th and 30th Novemb^r 1773,” as printed in the Boston Gazette of 6 December, 1773, and in F. S. Drake’s Tea Leaves, 1884, pp. 320–331.) The guard appointed at this meeting was continued until December sixteenth, the day of the “tea-party.”

As the time passed, and the twenty days were nearly expired at the conclusion of which the vessel was liable to seizure for non-payment of duties, the Committee of Safety began to put pressure again upon Mr. Rotch, the owner of the vessel, to fulfil his promise to send her back, yet she could not be legally cleared until her whole cargo had been discharged. At first he refused, but on December fourteenth (the date of Appleton’s letter) a public meeting was again held called by handbills as follows:

Mr. Rotch being again present, was inquired of as before, and a motion was made and seconded that Mr. Rotch be enjoined forthwith to repair to the collectors and demand a clearance for his ship, and ten gentlemen were appointed to accompany him as witnesses of the demand.

Mr. Rotch and the Committee proceeded to the Collector’s (Mr. Harrison), but were put off till the next day with an evasive answer. On Thursday morning (16 December) the people met again, and having learned that Mr. Rotch had been refused a clearance by the Collector they required him to enter a protest against the Custom House and demand a pass for his ship from the Governor who was then at his country house in Milton, and adjourned till the afternoon. Meeting again at three (almost 2000 men were present) they waited impatiently till about six o’clock when Mr. Rotch returned with word that the Governor could not be persuaded to give a pass till the ship were cleared by the Custom House. The result was not unexpected; the meeting immediately dissolved, and the same evening the “tea-party” took place on board the three vessels, two ships and a brig, which were lying at Griffin’s Wharf. See the account in the Boston Gazette of 27 December, 1773, and in Drake’s Tea Leaves, pp. 334–336, from which part of the above is quoted. Gov. Hutchinson’s account of the same proceedings is given in his History of Massachusetts, iii. 429–438.

On 14 December, the same day on which Appleton was writing to Pearson, Thomas Hutchinson, Jr., one of the consignees, wrote to his brother from Castle William (whither most of the consignees had retired on 29 November and where they stayed some six weeks):

Several papers relating to the difficulties in which the consignees of the tea found themselves, and accounts of the riotous proceedings resulting therefrom, were communicated to this Society at its February meeting, 1903. See pp. 78–102, above.

1 Bachelors of Arts, continuing their residence at the College, were called Sir until they had taken the Master’s degree. The use of the term goes back to the very earliest days of the College, when its equivalent Dominus is also found in the records. Mr. Albert Matthews has noted instances of the use of Sir in connection with Harvard College from 1649 to 1790, and calls my attention to the following passage by the Rev. Andrew Clark:

See also B. H. Hall’s College Words and Customs (1851), p. 279; Sibley, Harvard Graduates, i. 17 note, ii. 2 note; Sewall’s Diary, i. 51; R. N. Toppan, in Publications of this Society, iii. 411.

1 Samuel Phillips, who a few years later was chiefly instrumental in the foundation of Phillips Academy, graduated from Harvard College in 1771. He married in 1773 Miss Phoebe Foxcroft, youngest daughter of the Hon. Francis Foxcroft of Cambridge, whom he had known while in College. Pearson and Appleton were doubtless well acquainted with her also, for all had been parishioners of Appleton’s grandfather, the Rev. Dr. Nathaniel Appleton. Phillips’s grandfather was the Rev. Samuel Phillips of Andover, pastor of the church there for almost sixty years, who had died 5 June, 1771, at the age of 81.

2 This was the Andover Grammar School, first established in 1700. Of forty-five masters of this school before 1792, all but five were Harvard graduates. See Sarah L. Bailey’s Historical Sketches of Andover (1880), p. 522.

3 Theodore Parsons, son of the Rev. Moses Parsons of Byfield, and younger brother of Theophilus Parsons, Chief-Justice of Massachusetts. Prof. Theophilus Parsons says of him:

1 The account of this Council meeting in the Boston Gazette of 27 December, 1773, is as follows:

At a Council held at the House of the hon’ble William Brattle, Esq; in Cambridge on Tuesday the 21st day of December 1773.

2 The Attorney General at that time was Jonathan Sewall (Whitmore’s Massachusetts Civil List, p. 124).

1 The example of the Boston “tea-party” was imitated on a smaller scale on several occasions, and the accounts of such proceedings are found in the papers of the day and were evidently relished by their readers. The Boston Gazette of 3 January, 1774, notices two such cases:

Sodom was a name applied to the low lands east of Meeting House Hill bounded, practically, by East, Freeport, High, and Church Streets.

2 Vacations at this time (under vote of 6 June, 1766) were four each year, one of four weeks following Commencement, one of two weeks from the third Wednesday in October, one of five weeks from the first Wednesday in January, and one of two weeks from the second Wednesday in April. The vacations in spring and autumn were provided expressly that the students might visit their homes and get their summer or winter clothing in order.

3 This is explained by the Faculty vote of 3 January, 1774: “Voted that Sir Parsons have the whole care of the Colleges this Vacation.” The term was evidently in common use, and was accepted by Faculty as well as students, for it occurs at least once in the Faculty Records—as the marginal note against a similar vote, 14 August, 1776.

1 The Boston Gazette (Supplement) of 27 December, 1773, reports that on 25 December, the dealers in Charlestown resolved and agreed—

The Boston Gazette of 3 January, 1774, gives the further proceedings of the people of Charlestown in respect to the use of tea:

At a legal and very full Meeting, of the Freeholders, and other Inhabitants of the Town of Charlestown, December 28, 1773.

The following Votes were Unanimously passed.

A Copy,

Attest. Seth Sweetser, Town Clerk (p. 3/1).

The same issue of the same paper reports the carrying out of the vote to destroy the tea on hand:

1 Sheafe, Clarke, Rogers, Emerson, and Barnard were members of the Senior Class (1774); Macclintock and Osgood graduated in 1775; Penhallow, King, and Evans graduated in 1777; Poor is more likely to have been Daniel Noyes Poor of West Newbury, of the Class of 1777, rather than John Poor of 1775, who came from New Hampshire. Joseph Evans’s home was in Dover. Thomas Fenton was a Freshman, but left College before completing the course. The Faculty Records (iii. 243) state that he was born 17 January, 1757, and give Charlestown as his residence. He was doubtless the son of Capt. John Fenton of Boston, who, with wife Elizabeth, lived in Charlestown, where the father, sometimes described as of Boston, was taxed, 1770–1773, as a landed proprietor (Wyman, Genealogies and Estates of Charlestown, i. 343). John Fentou and Elizabeth Temple published their marriage intentions 29 September, 1755 (Boston Record Commissioners’ Reports, xxx. 16). Elizabeth Temple was doubtless the daughter of Robert Temple of Ten Hills by his wife Mehitable, daughter of John Nelson, and was baptized at Christ Church, Boston, 9 April, 1727. Capt. John Fenton was of the British Army and died in Dublin, Ireland, in March, 1785, leaving issue. See T. Prime, Some Account of the Temple Family, Second edition (1894), p. 34 and note. For this information about Fenton, I am indebted to Mr. Henry H. Edes.

1 Despite what Appleton says of the use of tea in the Hall (in Harvard Hall), its use was revived to some extent and it came to be a source of trouble, as is shown by the following extract from the Faculty Records of 1 March, 1775:

A similar state of feeling against the use of tea at Princeton is shown by the following paragraph in the Boston Gazette of 14 February, 1774:

1 In the Boston Gazette of 20 December appeared a “Notification,” dated 18 December, 1773, as follows:

The resolutions passed at the meeting are given in the Boston Gazette (Supplement) of 27 December, 1773:

The result of the labors of the committee appointed in accordance with the fourth resolution was reported as follows in the Boston Gazette of 24 January, 1774:

1 On 7 December, 1773, the citizens of Plymouth passed resolutions supporting and approving the action of the Boston patriots. These were published in Draper’s Gazette of 23 December. On 13 December a protest against the resolutions and reflecting severely on the course taken by the Old South meeting was signed by 39 persons (see Boston Gazette, Supplement, of 27 December). Several of the signers afterward withdrew their adherence to the protest. Barnabas Hedge did so in a card published in the Boston Gazette of 27 December; thirteen others “who were inadvertently seduced into an error by artifice and misrepresentation” recanted in the Boston Gazette of 24 January, 1774.

The papers of December, 1773, and January, 1774, are full of accounts of meetings held in the surrounding towns to uphold the act of 16 December and the agreement to give up the use of India tea. The action of the other Colonies in regard to the same matter was also set forth at length, and accounts of the burning of tea are frequent. For example, in the Boston Gazette of 24 January, 1774, we read:

1 On 31 January, 1774, the Hon. John Winthrop was chosen President in place of Samuel Locke. On 7 February, “Dr. Winthrop having declined accepting the Office of President,” the Rev. Dr. Cooper of Boston was chosen. Dr. Cooper also declined, and the Corporation on 15 July chose Dr. Eliot, but he also, a Fellow of the Corporation and present at the meeting at which he was elected, declined immediately. On 18 July the Rev. Dr. Samuel Langdon of Portsmouth was chosen and accepted the office.

2 The following is the title-page of Dr. Cooper’s Discourse;

1 See the Publications of this Society, v. 71–74 and notes.

2 See p. 324 note, below.

1 Appleton took up the study of medicine in Salem with Dr. Edward Augustus Holyoke (born 1 August, 1728, H. C. 1746), son of President Holyoke by his second wife Margaret Appleton, a sister of the Rev. Nathaniel Appleton for so many years minister in Cambridge. Dr. Holyoke was therefore the cousin of Appleton’s father. He had settled in Salem in 1749 and continued to practise there until his death in 1829. He was the first President of the Massachusetts Medical Society, and was President of the American Academy of Arts and Sciences. Harvard conferred on him the honorary degree of M.D. in 1783 (the first instance of the degree’s being so conferred by the College), and that of LL.D. in 1815. For sketches of Dr. Holyoke, see Massachusetts Medical Society, Medical Dissertations (1829), iv. 186–260; Essex Institute Historical Collections, iii. 59, 60, iv. 273, 274.

Edward Barnard and Francis Borland, who graduated in the year after Appleton (1774), entered upon the study of medicine under Dr. Holyoke at the same time.

Appleton seems to have been living in Salem with another cousin of his father’s, a sister of Dr. Holyoke, Margaret (Holyoke) Mascarene, the wife of John Mascarene, comptroller of the customs in 1760. William Pynchon’s Diary shows continual references to Dr. Holyoke and Mrs. Mascarene. John Mascarene died 24 September, 1779. See Heraldic Journal, ii. 125, 126; New England Historical and Genealogical Register, ix. 239–247, x. 143–148; Boston Record Commissioners’ Reports, xxviii. 294.

1 This was of course Joseph Warren, whose Oration was delivered on March sixth because the fifth fell on Sunday.

1 At this time the College was still in exile from Cambridge. Early in May, 1775, the library and philosophical apparatus had been removed to Andover by direction of the Provincial Congress. In September the Overseers directed that the College be removed to Concord and a part, if not the whole, of the library and apparatus was installed in the same place in a private house. They did not return to Cambridge until 21 June, 1776. During this period Pearson naturally returned to his friends the Phillipses in Andover, and seems to have continued his theological studies.

2 The Act passed 1 May, 1776 (Massachusetts Province Laws, v. 479–484), required all persons to subscribe to a declaration that they sympathized with the Colonies and would not assist in any way the British forces, on pain of disarming, and being disqualified from holding office, voting, etc.

3 Priscilla, daughter of President Holyoke by his second wife Margaret Appleton, born 29 July, 1739, later became Pearson’s wife. Does this passage-imply that Pearson and Appleton had both become engaged about this time? President Holyoke married for his third wife Mary (Whipple) Epes, the widow of Major Symonds Epes. See Hammatt Papers (1854), p. 94. Mrs. Holyoke lived to an extreme age and died at Cambridge 20 March, 1790. The following notice appeared in the Massachusetts Centinel of Wednesday, 24 March, 1790:

1 This was no doubt Mrs. Mascarene’s sister Elizabeth Holyoke, a daughter of President Edward and Margaret (Appleton) Holyoke. She was born 25 April, 1732, married William Kneeland of Boston, and died 15 September, 1821.

2 John Low and Joshua Plummer were both classmates of Appleton and Pearson.

3 It is not easy to identify this place. Township Number Five was granted by Massachusetts 16 January, 1735–36, to men from Hopkinton, and was called New Hopkinton until its incorporation on 10 January, 1765, as Hopkinton, New Hampshire (New Hampshire Town Papers, xii. 255–272). There was also in Berkshire and Hampshire Counties, Massachusetts, a large plantation called Number Five (Massachusetts Province Laws, v. 911, 1072). But it is difficult to see why any one should have gone to such remote places for inoculation.

4 Arnold’s unsuccessful expedition through the wilderness to attack Quebec, after a useless siege bad finally retreated in May.

5 Phillips and Pearson at this time had been occupied in learning how to make gunpowder, of which the Continental army during the winter of 1775–1776 had been in desperate need. Samuel Phillips, then a member of the Provincial Congress sitting at Watertown, proposed to the House to erect a powder-mill at Andover with their concurrence, and the House accepted his proposition. (See Massachusetts House Journals, 2, 3, 6, 8 January, 1776, pp. 105, 107, 122, 124.) Phillips obtained the ready co-operation of his townsmen in cutting a canal and building the mill (Taylor’s Memoir of Samuel Phillips, 1856, p. 70), and Pearson threw himself with ardor into the necessary chemical experiments. William E. Park writes:

The book referred to in the text is Andrew Reid’s translation of Macquer’s Elements of the Theory and Practice of Chymistry, London, 1758. A second edition was published in 1764. Macquer’s Chymistry, published shortly before Lavoisier’s discoveries revolutionized the chemical theory of combustion, is based on the Phlogiston theory. Of this supposed elemental substance, the author says:

1 The vote referred to was apparently the Resolve passed 10 May:

This vote was published 15 May with a preamble which began:

2 See Boston Record Commissioners’ Reports, xviii, 236–238.

1 The degree of Master of Arts was conferred in due course three years after graduation upon payment of a fee. This custom continued down to 1872, the Class of 1869 being the last class whose members enjoyed the right to claim an A.M. on these easy conditions. Down to 1774 the law (Law 5 of Chapter X.) had been in regard to degrees:

At a Meeting of the Corporation, 31 May, 1774, it was—

1 The Triennial Catalogue of 1776 was the first to be printed in pamphlet form. Previous catalogues, extending back to 1643, had been issued as broadsides. See the Publications of this Society, v. 334, 335.

The precise date of Cutler’s death is not known, and is not recorded in the Quinquennial Catalogue. The latest reference to him in these letters is under date of 22 November, 1774 (p. 308, above).

2 See Force, American Archives, Fifth Series, i. 987, 988.

3 On 16 June, 1776, the Rev. Manasseh Cutler “Preached to the people at Sandy Bay [Gloucester], who were disconsolate on account of the fourteen men lately taken from them in a man-of-war. They were in the Yankee hero” (Life, Journals and Correspondence, i. 55). See also Force, American Archives, Fifth Series, i. 380, 727. The Yankee Hero was owned by Jackson, Tracey, and Tracey of Newburyport, of which firm Nathaniel Tracey (H. C. 1769) was a member. For a notice of him, see Mrs. E. Vale Smith’s History of Newburyport, pp. 106, 107, 348, 349.

1 The elder brother of Lord Howe and of Sir William Howe was George Augustus, Viscount Howe, who was killed near Ticonderoga 6 July, 1758. See the Publications of this Society, vii. 250 note.

2 See Journals of Congress (1823), i. 375, 403–406; Force, American

1 See Franklin’s Works (Bigelow’s edition), vi. 21–33; Force, American Archives, Fifth Series, i. 482, 483, 727, 785, 980, 981, ii. 234, 274, 324.

1 John Wadsworth (H. C. 1762) was Tutor from 1770 till his death in 1777. In 1774 he was chosen a Fellow of the Corporation, of which body he was therefore a member at this time when he was re-elected Tutor. The other members of the Corporation were Samuel Langdon, President, John Hancock, Treasurer, and Nathaniel Appleton, John Winthrop, Andrew Eliot, and Samuel Cooper. John Hancock’s “Croney Jimmy W—” was doubtless James Winthrop (H. C. 1769), who was Librarian from 1772 to 1787.

1 An explosion at Judge Phillips’s powdermill in June, 1778, blew up the building and killed three men.

1 This was Timothy Pickering, father of the statesman of the same name.

2 President Langdon married Elizabeth Brown, daughter of the Rev. Richard Brown (H. C. 1607) of Reading, Massachusetts (New England Historical and Genealogical Register, xxx. 33, 34).

1 Mrs. Pearson died six days later, 29 March, 1782.

2 John Clarke, at this time Junior Pastor of the First Church in Boston, being the Rev. Dr. Chauncy’s colleague. He was of the Class of 1774, and has already been alluded to as a grandson of Deacon Pickering (pp. 321, 322) and as the minister who later delivered the funeral discourse on Appleton himself (p. 290).

3 The “Boston Magazine, Printed and Published by Norman & White, at their Office in Marshall’s Lane, near the Boston Stone.” The first number was that for November, 1783. The January, 1784, number contains letters from “Fenelon” and “Susanna” approving the inclusion of enigmas and in opposition to an earlier letter by “Observator,” who had objected to them. “Fenelon” declares that “the enigmatical lists are mostly written by the Ladies, and they are not only a necessary relaxation from the fatigue of attending to domestic concerns, but an amusement for leisure hours” (i. 47, 98, 99).

1 The character of Osgood and Farrington’s shop (pp. 295, 298), its situation, and the situation of their “distill-house,” are uncertain. A deed in the Middlesex Registry (lxxvii. 32) shows that a piece of land passed on 9 August, 1774, from Elizabeth Clark to Peter Osgood and Thomas Farrington. The boundaries are not given in such fashion as to determine precisely the situation of the lot; but in 1751 Elizabeth Clark inherited from her father, James Clark, an “old homestead and an acre of land” which is described as “Bounded on townsway, north, Daniel Barrett, Andrew Boardman, and Francis Foxcroft, west; Francis Foxcroft, south; and rangeway east” (Middlesex Probate Files, no. 3042). This must have been on the southwest corner of what are now Holyoke and South Streets, and it was doubtless part of this land that passed to Osgood and Farrington in 1774.

Thomas Farrington served with honor in the Revolution, and was Selectman of Cambridge in 1778–79, Assessor in 1779, Town Clerk in 1780–82, and Representative in 1780 (Paige’s History of Cambridge, pp. 429, 461, 465, 467, 468). Later he moved to Boston, and at his death, 19 January, 1807, was living in Green Street (Columbian Centinel, 21 January, 1807). From a notice of Dr. Bedford Webster, a Boston druggist, in the Proceedings of the Massachusetts Historical Society (i. 490), it appears that Dr. Webster sold out his business to Thomas Farrington soon after April, 1804, and this suggests that Farrington’s business in Cambridge had likewise been that of a druggist.

For the reference to James Clark’s will and to Osgood and Farrington’s deed, and for the identification of the lots of land concerned, I am indebted to the kindness of Mrs. S. M. Gozzaldi, of Cambridge.

1 Benjamin Faneuil, the elder, married Anne Bureau in 1699, settled at New Rochelle, New York, and had eleven children, of whom the following survived: (i) Peter, died unmarried in 1743; (ii) Benjamin, married Mary Cutler, daughter of the Rev. Timothy Cutler (H. C. 1701), and died in 1783; (iii) Anne, who married the Rev. Addington Davenport; (iv) Mary, who married Gillam Phillips; (v) Susanna, who married James Boutineau; (vi) Mary Anne, who married John Jones. See these Publications, i. 307, 368.

Benjamin and Mary (Cutler) Faneuil had three children: (i) Benjamin; (ii) Peter; (iii) Mary, who married George Bethune (see p. 79 note, above).

2 In the manuscript, a footnote has the word “Irish.”

1 Suffolk Court Files, no. 20241.

2 Reason of Church Government urged against Prelacy, book i. chap. vii.

1 Neal, History of the Puritans, i. 126, 488

2 Ibid. i. 149, 204, 242

3 Dexter, Story of the Pilgrims, p. 145

4 Neal. History of the Puritans, i. 122.

1 Reason of Church Government urged against Prelacy, book i. chap. vi.

2 History of Congregationalism, iii. 359

3 Neal, History of the Puritans, i. 489.

4 Young, Chronicles of the Pilgrim Fathers, p. 21.

1 History of New England (1853), ii. 165.

1 Mather, Magnalia (1853), ii. 213. See the original Cambridge Platform in the American Antiquarian Society’s Library.

1 Way of Congregational Churches Cleared (1647), i. 10, 11.

2 History of New England, ii. 91.

3 Young, Chronicles of the Pilgrim Fathers, p. 397.

1 History of Massachusetts (1765), i. 419.

2 Congregationalism, as contained in the Scriptures, explained by the Cambridge Platform, p. 5.

1 See Savage, Genealogical Dictionary, ii. 262; Pope, Pioneers of Massachusetts, p. 189; Young, Chronicles of Massachusetts, p. 553 note; Sibley, Harvard Graduates, i. 208, 209; Glover Memorials, p. 564; J. H. Trumbull, in T. Lechford’s Plain Dealing (1807), p. 123 note; New England Historical and Genealogical Register, xxiii. 135–137, xxx. 26–28, xlvii. 499–504; Waters, Genealogical Gleanings in England, i. 33; Paige, History of Cambridge, pp. 559, 560; Publications of this Society, iii. 419 note.

2 Proceedings of the American Antiquarian Society, 28 April, 1875, pp. 5–10. My attention was called to this article by Mr. Albert Matthews.

1 So far the document is in the hand of Darcey or his agent. What follows, down to Land’s signature, is in a different hand, doubtless that of Land’s clerk.

1 This is, of course, Land’s own signature.

2 Vol. cclxxviii., no. 45. The endorsement is in the same hand that wrote the second part of the document. The error of “Jesse” for “Josse” was noted in a recent visit to the Public Record Office by Mr. Albert Matthews, to whom I am indebted for a copy of the original document.

3 Historical Collections (1680), ii. 193–196.

4 Concilia Magnæ Britanniæ et Hiberniae (1737), iv. 483, 484.

5 History of Crime in England, ii. 143.

6 Cyprianus Anglicus: or, the History of the Life and Death of William Laud. Editions were printed in 1668 and 1671.

1 The title-pages are alike for James’s and Charles’s Declarations, except that James’s reads:

The back of the title in each edition is occupied by the royal arms. The Boston Public Library has a good copy of both the Declarations.

1 This introduction by Charles is divided from the reprint of his father’s Declaration by an ornamental engraving, heading the next page, representing between two thistles, an altar, before the centre of which, kneeling towards the left, is a crowned figure of a man holding a harp. The reprint of the Declaration of 1618 following differs from the original excepting occasionally in spelling and capitalization, only in the two words hereafter noticed, and of course the omission of “God save the King” at the end.

2 In James’s Declaration this word is “infested.”

1 In James’s Declaration this word is “Countrey.”

1 The following order written by Laud and signed by the King is still among the English State papers: “Charles R. Canterbury, See that our declaration concerning recreations on the Lord’s Day, after evening prayer, be printed” (H. Gee and W. J. Hardy, Documents Illustrative of English Church History, p. 522).

2 History of England, iii. 251.

1 D. Wilkins, Concilia, iv, 484.

2 Thomas Morton is generally highly spoken of. His daughter Ann was married to Theophilus Eaton, and one of her brothers-in-law, the Rev. Nathaniel Eaton, a pupil of the famous William Ames and first master of the College in our Cambridge, published in 1633 a work eutitled: Inquisitio in variantes Theologorum quorundarn Sententias de Sabbato et Die Dominico, quam . . . proponit, sub prresidio D.D. Guilielmi Amesii, Nathanael Eatonius, Anglus, ad diem Martij hora prima pomeridiana loco consueto. Th ere is in the Harvard College Library a copy of a second edition of this, published in 1638 at Amsterdam under the title of Guilielmi Amesi Sententia de Origine Sabbati & Die Dominico, Quam ex ipsius mente Coucepit scripto & publice Disputavit.

1 Hargrave, State Trials (1776), i. 812.

1 History of Great Britain (1653), pp. 105, 106.

2 In 1852 Lyman Coleman wrote:

3 Mr. Robert Cox, in his Literature of the Sabbath Question (1865), gives a very complete critical bibliography of this question. The first work he mentions (i. 139) advocating the Christian Sabbath is a sermon preached in 1577 by the Rev. Thomas White. This sermon was referred to in 1590 by Stephen Gosson in his Playes Confuted in fine Actions, and was quoted in 1831 by J. P. Collier in his History of English Dramatic Poetry (1879), i. 220 note. There are in the British Museum two copies of the sermon. The text is identical in both copies, but the title-pages differ. That of one copy reads as follows: “A Sermon Preached at Pawles Crosse on Sunday the ninth of December. 1576. by T. W. Imprinted at London by Francis Coldock. 1578.” That of the other copy reads thus: “A Sermõ Preached at Pawles Crosse on Sunday the thirde of Nouember 1577. in the time of the Plague, by T. W. Imprinted at London by Francis Coldock. 1578.” In the British Museum Catalogue is the statement: “A duplicate of the sermon preached on Nov. 3, 1577: probably the title-page does not belong to the book.” In each copy the colophon (p. 98) reads: “Imprinted at London by Francis Coldocke. Anno Dom. 1578. Februarij. 10.” For a notice of Thomas White, who was the founder of Sion College, London, see the Dictionary of National Biography, lxi. 78. The book which really marked and occasioned a common change in the method of keeping the Sunday, was the work of the Rev. Nicholas Bownde or Bound first published in 1595 under the title of The Doctrine of the Sabbath, afterwards in an abridgment, and again in an enlarged edition in 1600 under the title of Sabbathum Veteris et Novi Testamenti: Or the true doctrine of the Sabbath. The other most important book on this subject is Peter Heylyn’s History of the Sabbath (1630), a presentation copy of which to Lord Strafford, afterwards owned by Charles Sumner, is in the Harvard College Library. For the information in regard to Thomas White’s sermon, I am again indebted to Mr. Matthews.

1 For information about Myerscough Lodge, which appears under various spellings, and Houghton Tower, see the notes to Assheton’s Journal, pp. 33, 34, 40, 41, and J. Nichols’s Progresses of King James the First, iii. 396 note, 398 note.

2 Not the rushbearing of the Book of Sports, which was decorating the church with garlands and the like on the eve of the day of the parish yearly festival—amongst other things the floor was strewn with rushes. The use of the wprd here may be illustrated by the rushbearing in a Masque at Preston the next day when “a man was enclosed in a dendrological foliage of fronds” (Assheton’s Journal, p. 46 note).

3 Journal (1818), pp. 40–45 (Chetham Society, xiv.).

4 Henry Hastings, Earl of Huntingdon, appointed 17 June, 1577, First Commissioner for Ecclesiastical Causes in the Province of York. The Earl of Derby’s appointment was of the same date.

1 The Rev. F. R. Raines, in Assheton’s Journal, p. 41 note.

2 1625, 1627, Statutes of the Realm (1819), v. 1, 25.

1 The Order made by Richardson and Denham—

1 Under date of 2 May, 1633, occurs the following:

The then Lord Keeper was Thomas Coventry, Baron Coventry.

2 Cyprianus Anglicus (1671), pp. 241, 242. See also pp. 243, 214, 278–280.

1 Calendar of State Papers, Domestic, 1633–1634, p. 231.

1 Calendar of State Papers, Domestic, 1633–1634, pp. 275, 276.

1 Calendar of State Papers, Domestic, 1633–1634, p. 350.

2 They sent with their petition copies of three similar orders formerly issued: (1) by the Justices of the Peace of Devon for suppressing church-ales and revels dated 10 January, 1599; (2) by Sir Laurence Tanfield and Sergeant Montagu, Justices of Assize for Devon, ordering its publication in parish churches, dated 24 July, 1615; (3) by Sir John Walter, Lord Chief Baron, and Sir John Denham, Justices of Assize for Devon, ordering the parish clergy to publish it yearly on the first Sunday in February, dated 23 July, 1627 (Ibid. pp. 350, 351).

3 Ibid. p. 351.

1 A collection of all publicke orders ordinances and Declarations of both Houses of Parliament from the Ninth of March 1642 until December 1646, pp. 156, 157.

2 The original letter belongs to the Rev. Anson Titus, who has kindly permitted a copy to be taken for publication in our Transactions.

3 Henry Berry.

4 Harrison Gray. He was the last Treasurer of the Province under the Crown (1753–1774). See 1 Proceedings of the Massachusetts Historical Society, viii. 354.

5 The Rev. Samuel Cooper (H. C. 1743).

6 The Rev. Charles Chauncy (H. C. 1721).

1 The Rev. Joseph Sewall (H. C. 1707).

2 The Rev. Thomas Prince (H. C. 1707).

3 The Rev. John Webb (H. C. 1708). 23

1 Nummi Britannici Historia: or an Historical Account of English Money, from the Conquest to the uniting of the two kingdoms by King James I. and of Great-Britain to the Present Time. London, M.DC.XXVI. The date undoubtedly should be 1726.

1 Diary, ii. 413.

2 Ibid. iii. 28.

3 Ibid. iii. 66.

4 Ibid. iii. 233.

5 Ibid. iii. 129.

6 Massachusetts Province Laws, i. 740.

7 Ibid. i. 902.

8 Ibid. i. 740.

9 See the lower left hand corner of Plate 3, facing p. 32, vol. i., Currency and Banking in the Province of the Massachusetts Bay

1 The potent aid of our President in the solution of this riddle is acknowledged in “Occult Methods of Protecting the Currency; Sewall’s Mnemonic Lines and their Interpretation”—a paper read at the meeting of the Massachusetts Historical Society, December, 1899 (2 Proceedings, xiii. 315–327).

1 The documents are printed in the American Historical Review for April, 1905, x. 574–606. See articles by Professor Turner on The Diplomatic Contest for the Mississippi Valley, in the Atlantic Monthly for May and June, 1901, xciii. 676–691, 807–817, and on The Policy of France towards the Mississippi Valley in the Period of Washington and Adams, in the American Historical Review for January, 1905, x. 249–279.

2 A. H. Quint, Historical Memoranda, i. 25. Palfrey says, “Whether he was then [at Salem] playing a part, or whether he afterwards changed his mind, is not altogether certain; but he turned out at last to be a spy of Laud” (History of New England, i. 517).

1 He was not an Oxford man, nor was he of Gonville and Caius, Cambridge; neither do I And his name in the printed lists of Cambridge, Dublin, or the Scotch Universities.

2 See the entry under date of 5 February, 1634–35, p. 367, below.

3 History and Antiquities of Great Yarmouth (1772), p. 838 et seq.

4 Ibid. p. 851. Doubtless Mr. Vincent was the Rev. Philip Vincent, who was here at the time of the Pequot War, and Mr. Norton, the Rev. John Norton who came in 1634.

1 Calendar of State Papers, Domestic Series, 1631–1633, p. 432.

2 Ibid. p. 507.

3 Swinden, History and Antiquities of Great Yarmouth, p. 853.

1 In reply to a request for information, Mr. Albert Matthews writes me as follows:

It thus appears that “scarlet days” was a local term peculiar to Yarmouth and meant those days on which the aldermen or bailiffs or mayor of Yarmouth attended chnrch in their scarlet gowns. See H. Manship, History of Great Yarmouth, edited by C. J. Palmer (1854), pp. 364, 365; C. J. Palmer, History of Great Yarmouth (1856), pp. 59, 65, 164, 169.

1 Calendar of State Papers, Domestic Series, 1631–1633, pp. 577, 578.

1 Swinden, History and Antiquities of Great Yarmouth, pp. 853, 854.

2 Calendar of State Papers, Domestic Series, 1633–1634, p. 481.

1 Calendar of State Papers, Domestic Series, 1633–1634, p. 582.

2 Ibid. 1634–1635, p. 50.

3 Ibid. pp. 113, 115.

4 It is to be noticed that, as in the case of Mr. Cheshire mentioned belowt personal appearance might be waived by the Court for good cause.

5 In the present case at least there was no secrecy, as appears below.

1 See John Bruce’s account of Procedure in Preface to Calendar of State Papers, Domestic Series, 1635–1636, pp. xxix–xxxi.

2 Calendar of State Papers, Domestic Series, 1634–1635, p. 115.

3 Ibid. p. 119.

4 Ibid. p. 125.

5 Ibid. p. 261.

6 Ibid. p. 267.

1 Calendar of State Papers, Domestic Series, 1634–1635, p. 267.

2 Ibid. p. 271.

3 Ibid. p. 271.

4 Ibid. p. 273.

5 Ibid. p. 275.

6 Ibid. p. 276.

7 Ibid. p. 315.

8 Ibid. p. 318.

9 Ibid. p. 324.

10 Ibid. p. 328.

1 Calendar of State Papers, Domestic Series, 1634–1635, p. 328.

2 Ibid. p. 336.

3 Ibid. p. 490.

4 Ibid. p. 495.

5 Ibid. p. 496.

6 Ibid. p. 532.

7 Ibid. p. 535.

8 Presumably an error for “months.”

1 Calendar of State Papers, Domestic Series, 1634–1635, pp. 537–539.

2 Ibid. p. 543.

1 Calendar of State Papers, Domestic Series, 1634–1635, p. 547.

2 Calendar of State Papers, Colonial Series, 1574–1660, p. 197.

3 Ibid. p. 199. There could not be stronger testimony to Mr. Burdett’s standing, at the time, as a thorough-going Puritan, than this proposal from the Providence Island Company. The chief men of the company were the most important Puritan leaders in England.

4 Calendar of State Papers, Domestic Series, 1635, p. 184.

5 Ibid. p. 186.

6 Ibid. p. 192.

1 Calendar of State Papers, Domestic Series, 1635, p. 198.

2 Ibid. p. 201. At some time in this month the town of Yarmouth was inquiring for another lecturer to supply the vacancy caused by Mr. Burdett’s suspension (Swinden, History and Antiquities of Great Yarmouth, p. 855).

3 Calendar of State Papers, Domestic Series, 1635, p. 207.

4 Ibid. p. 231.

5 Swinden, History and Antiquities of Great Yarmouth, p. 855.

6 Calendar of State Papers, Colonial Series, 1574–1660, p. 218. There seem to have been in all three letters from Burdett, and one from Laud, unless the correspondence was continued after November, 1638.

1 Calendar of State Papers, Domestic Series, 1635–1636, p. 507.

2 Calendar of State Papers, Colonial Series, 1574–1660, pp. 283, 284.

3 History of New England (1858), i. 519 note.

1 Dover Historical Memoranda, i. 25.

2 In Major Hiram M. Chittenden’s book on the Yellowstone National Park (1895), will be found full information on this point. See also a letter by Major Chittenden in the Nation, 28 May, 1896, lxii. 415. Doubtless the first white man to visit the Yellowstone region was John Colter in 1807.

1 For a sketch of James Bridger, who was a noted character in his day, see Chittenden’s Yellowstone National Park, pp. 51–57, 327–329.

2 Report on the Exploration of the Yellowstone River (1868), p. 77.

3 See The Folsom-Cook Exploration of the Upper Yellowstone in the Year 1869, reprinted, with a Preface by Mr. Langford, at Saint Paul in 1891 from the Chicago Western Monthly for July, 1870, and again in 1904 in Contributions to the Historical Society of Montana, v. 349–369. I am indebted to Mr. Langford for a copy of this pamphlet. In his Preface Mr. Langford says:

The Boston Public Library owns a copy of the Western Monthly, The article in question, entitled The Valley of the Upper Yellowstone, will be found in vol. iv. pp. 60–67. In Mr. Langford’s reprints, the article is attributed to Mr. Folsom, but the original states that it was written by Mr. Cook. From letters received by me from Mr. Folsom, Mr. Cook, and Mr. Langford, it would appear that the article, with the exception of a brief portion, was written by Mr. Folsom, that a copy of the article was sent by Mr. Cook to a friend in Chicago, that this friend turned the article over to the editor of the Western Monthly, and that hence its authorship was credited to Mr. Cook. See also Twelfth Annual Report of the United States Geological and Geographical Survey of the Territories: A Report of Progress of the Exploration of Wyoming and Idaho for the Year 1878 (1883), part ii. pp. 66, 67, 427.

1 The question is discussed at length by Major Chittenden in his Yellowstone National Park, pp. 87–97. To the facts there given, some new ones can be added. The first person to suggest the creation of a national park was unquestionably George Catlin, who, in “some contemplations on the probable extinction of buffaloes and Indians,” and alluding to the “strip of country, which extends from the province of Mexico to lake Winnepeg on the North,” in 1841 remarked:

When, in January, 1872, Prof. Joseph Henry wrote that Catlin made a proposition to the government in 1832 “to reserve the country around these [the Yellowstone] geysers as a public park” (Annual Report of Board of Regents of the Smithsonian Institution for 1871, p. 28), it seems probable that he had in mind the above passage imperfectly remembered. At all events, Catlin had no precise locality in mind when he wrote that passage, and he distinctly refers to the plains, not to the mountains. The first specific use of the term “national park,” as will presently be shown at length (p. 385, below), occurred in 1868, when Prof. Josiah D. Whitney applied it to the Yosemite Valley. As regards the Yellowstone region, the park idea was of course an outcome of the expedition in 1870 mentioned in the text. Major Chittenden writes:

It is to be regretted that Major Chittenden does not quote Mr. Hedges’s exact words. On 19 January, 1871, Mr. Langford delivered in Washington, D. C., a lecture on the Yellowstone region. This lecture was reported in the Washington Daily Morning Chronicle of 20 January, but the account there given (p. 4/4) contains no mention of the park idea. In the same paper of 20 January, there appeared an editorial which reads in part as follows:

In the same paper of 21 January, under the heading of “A Public Park,” it is stated that “Mr. Morrill, of Vermont, yesterday submitted in the Senate” a resolution about a certain tract of land in Washington “to be so improved as to form a public park” (p. 4/2). On 21 January Mr. Langford repeated his lecture in New York. Major Chittenden asserts that “The New York Tribune of January 23, 1871, thus quotes Mr. Langford:”

The New York Tribune of 23 January, under the heading of “The Wonders of Montana,” gives an account of the lecture (p. 5/5), but the words quoted by Major Chittenden do not occur in the account; nor do such words occur in the accounts of the lecture printed in the Herald of 22 January (p. 7/4) or in the Times of 22 January (p. 8/3). The lecture was not reported in the World of 22 January nor in the Evening Post of 23 January. On the other hand, through Dr. Murray, I learn that Prof. Francis A. March of Lafayette College sent him the extract quoted by Major Chittenden as from the Tribune of 28 January; but I have been unable to find it in the Tribune of that date. In the two articles on “The Wonders of the Yellowstone” which Mr. Langford contributed to Scribner’s Monthly for May and June, 1871 (ii. 1–17, 113–128), there is no mention of the park idea. On 18 December, 1871, Samuel C. Pomeroy of Kansas asked “leave to introduce” into the Senate “a bill to set apart a certain tract of land lying near the headwaters of the Yellowstone as a public park,” and on the same day William H. Clagett of Montana introduced into the House a bill “to set apart a certain tract of land lying near the headwaters of the Yellowstone as a public park” (Congressional Globe, pp. 159, 199), On 23 January, 1872, Mr. Pomeroy said in the Senate:

In the same month Dr. Hayden made a report in which he said:

In an article called “More about the Yellowstone,” published in Scribner’s Monthly for February, 1872, Dr. Hayden asked:

The fortunes of the bill can be followed in the Congressional Globe, pp. 484, 520, 697, 718, 1228, 1243, 1244, 1279, 1282, 1416. See also p. 383 note 4, below.

Through the kindness of Major Chittenden and Mr. Langford, I am able to add to our information in regard to the extract quoted above as from the New York Tribune of 23 January, 1871. Major Chittenden writes me:

Mr. Langford writes:

Mr. Langford also gives some interesting facts relating to the early development of the park idea with respect to the Yellowstone. He says:

Finally, Mr. Langford writes me:

In a letter to Mr. Langford, Mr. Hedges says:

The Council Joint Memorial to Congress, referred to by Mr. Hedges, was approved 12 January, 1872, and reads in part as follows:

See Postscript, P: 397, below.

1 United States Statutes at Large, xvii. 32. The Act reads in part as follows:

It will be observed that the title National Park does not occur in the Act. On 10 May, 1872, B. R. Cowen, Acting Secretary of the Interior, wrote to Mr. Langford, who had been made Superintendent of the Park, as follows:

The Yellowstone National Park is chiefly in Wyoming, but partly in Montana and Idaho.

2 United States Statutes at Large, xxvi. 478.

3 Ibid. xxvi. 478.

4 Ibid. xxvi. 650.

5 Ibid. xxx. 993.

6 Ibid. xxxi. 202.

7 Ibid. xxxi. 765.

1 It is proper, in passing, to speak of Forest Reservations or Reserves. On 3 March, 1891, it was enacted by Congress—

Under this Act, many Forest Reserves (as they are now generally termed) have been created. Their number and their area are constantly changing, but we learn from the Annual Report of the Commissioner of the General Land Office for 1902 that there were then 54 Forest Reserves, embracing 60,175,705 acres (p. 84), and from the Report for 1903 that there were then 53 Forest Reserves, embracing 02,354,905 acres (p. 31). To create a National Park requires an Act of Congress, while Forest Reserves can be established by Presidential Proclamation. In 1900 a bill was introduced into Congress “empowering the President to set apart, as national parks, tracts of public land which . . . it is desirable to protect and utilize in the interest of the public” (Annual Report of the Commissioner of the General Land Office for 1902, p. 117); but, though the passage of such a bill has been constantly urged by the Commissioner of the General Land Office, it has hitherto failed. Nevertheless, many places of historic and prehistoric interest have been preserved. See an article by Edgar L. Hewett on “Government Supervision of Historic and Prehistoric Ruins” in Science, 25 November, 1904, New Series, xx. 722–727. By an Act of Congress approved 1 February, 1905, the Forest Reserves were transferred from the Department of the Interior to the Department of Agriculture (United States Statutes at Large, xxxiii. 628).

1 United States Statutes at Large, xxvi. 333.

2 Ibid, xxviii. 597.

3 Ibid, xxviii. 651.

4 Ibid. xxx. 841.

1 On 2 March, 1889, Congress appropriated 8200,000 for “the establishment of a zoological park in the District of Columbia” (United States Statutes at Large, xxv. 808). On 30 April, 1890, there was passed “An act for the organization, improvement, and maintenance of the National Zoological Park” (Ibid. xxvi. 78).

1 On 28 July, 1866, Congress appropriated $50,000 “To establish national cemeteries, and to purchase sites for the same” (Ibid. xiv. 310).

2 Writing in 1880, Dr. L. H. Bunnell, who was one of the original party to enter the Valley, said: “The date of our discovery and entrance into the Yosemite Valley was about the 21st of March, 1851” (Discovery of the Yosemite, and the Indian War of 1851, p. 70).

3 Congressional Globe, p. 1310.

4 Ibid. p. 2299.

5 See the Congressional Globe, pp. 2300, 2301, 2695, 3378, 3388, 3389, 3444, Appendix, p. 240. It will not be without interest to the members of this Society to note that on 1 July “A message from the President of the United States, by Mr. Hay, his Secretary, announced that” President Lincoln had the previous day approved and signed the Act referred to in the text.

1 United States Statutes at Large, xiii. 325.

2 Statutes of California (1866), p. 710. Among the Commissioners were Prof. J. D. Whitney, F. L. Olmsted, E. S. Holden, and Galen W. Clark. Mr. Clark first entered the Yosemite in 1855, discovered the Mariposa Big Tree Grove in 1857, and was for many years Guardian of the Yosemite Valley. He is still living, having recently attained his ninetieth year, and has just published a little book, to which our associate Mr. James L. Whitney calls my attention, on The Indians of the Yosemite Valley and Vicinity.

3 Ibid. pp. 710, 711.

4 The Commissioners brought action in November, 1867, in the District Court of the Thirteenth Judicial District, Mariposa County, California, where judgment was rendered in favor of the defendant. In July, 1871, the Supreme Court of California reversed the judgment of the District Court and ordered judgment in favor of the Commissioners. In December, 1872, the Supreme Court of the United States sustained the judgment of the Supreme Court of California. See J. D. Whitney, Geological Survey of California (1865), Geology, i. 405; J. D. Whitney, Letter of the State Geologist relative to the Progress of the State Geological Survey during the Years 1864–65 (1866); J. D. Whitney, Report of the Commissioners to manage the Yosemite Valley and the Mariposa Big Tree Grove, for the Years 1866–7 (1868), pp. 8–10; Appendix to Journals of the California Senate and Assembly (1868), ii; J. D. Whitney, Letter of the State Geologist relative to the Progress of the State Geological Survey during the Years 1866–7 (1867); Journal of the California Senate, 11, 14, 16, 22, 24 January, 20 February, 18 March, 1868, pp. 213, 220, 230, 284, 285, 417, 418, 639; Journal of the California Assembly, 22, 23, 25 January, 4, 12 February, 1868, pp. 304, 305, 321, 338, 405, 448, 449; Report of the Special Committee of the Assembly in relation to the Grant of Land in Yosemite Valley, pp. 4, 5, in Appendix to Journals of the California Senate and Assembly (1868), ii.; Veto Message (t. February, 1868) of the Governor in relation to Assembly Bill No. 238, An Act granting Land in Yosemite Valley, pp. 3, 4, in Appendix to Journals of the California Senate and Assembly (1868), ii.; Congressional Globe, 26 May, 3, 5 June, 23 July, 1868, pp. 2585, 2816, 2817, 2857, 2860, 4346; J. F. Cronelly, 15 September, 1868, Letters to Henry Burbidge (New York, 1869), p. 16; J. D. Whitney, The Yosemite Book (1868), pp. 2022; J. D. Whitney, The Yosemite Guide-Book (1869), pp. 20–23; Congressional Globe, 18 January, 8, 15 April, 3 June, 2 July, 1870, pp. 549, 2515, 2726, 4043, 5129–5134, 5144; J. M. Hutchings, Scenes of Grandeur and Curiosity in California (1870), pp. 61–171; S. Kneeland, The Wonders of the Yosemite Valley and California (1871), p. 29; J. E. Lester, The Yo-Semite (1873), p. 1; J. E. Lester, The Atlantic to the Pacific (187:3), pp. 335, 336; California Heports, July, 1871, xli. 631–640; Statutes of California, 23 March, 1874, pp. 523, 24; United States Reports, Supreme Court, December, 1372, lxxxii 77–94; United States Reports, Supreme Court, October, 1880, ciii, 575–579.

1 Congressional Globe, p. 5134.

1 In Report of the Special Committee of the Assembly in relation to Grant of Land in Yosemite Valley, p. 5, in Appendix to Journals of the California Senate and Assembly (1868), ii. Prof. Whitney’s memorial is not dated, but he speaks of “a bill having passed the Senate” (p. 4). This bill passed the Senate 16 January, 1868 (Journal of the California Senate, p. 230), and the Report which contained Prof. Whitney’s memorial was made to the Assembly 22 January (Journal of the California Assembly, p. 304). Hence Prof. Whitney’s memorial must have been written between 15 and 22 January, 1868.

2 The Yosemite Book (1868), p. 22. There is nothing to show precisely when this book was published, but it must have been after 23 July, 1868. At p. 20 Prof. Whitney refers to a resolution which “was unfavorably reported” in the United States Senate. This report was made 23 July (Congressional Globe, p 4346).

3 The New West, p. 118.

1 The Wonders of the Yosemite Valley and of California, p. 29.

2 California, P: 78.

3 James M. Hutchings was one of the settlers against whom the Commissioners brought suit in 1868. Mr. Hutchings was the author of Scenes of Grandeur and Curiosity in California, published in 1870.

4 The Atlantic to the Pacific, pp. 335, 336.

5 Discovery of the Yosemite, pp. 220,221.

1 Since this paper was written, a movement to recede the Yosemite Valley to the United States, advocated by Major John Bigelow, Jr., Superintendent of the Yosemite National Park, by the Sierra Club, and by the press of California generally, has met with success; and an absurd, anomalous, and difficult situation has ceased to exist. See the Sierra Club Bulletin, January, 1905, v. 212–253. On 3 March, 1905, “An act to recede and regrant unto the United States of America, the ‘Yosemite Valley,’ and the land embracing the ‘Mariposa Big Tree Grove,’” was approved by the Governor of California (Statutes of California, 1905, pp. 54, 55), and on the same day there passed Congress and was approved by President Roosevelt a “Joint Resolution Accepting the recession by the State of California of the Yosemite Valley and the Mariposa Big Tree Grove in the Yosemite National Park” (United States Statutes at Large, xxxiii. 1286). See also, under date of 3 March, 1905, Congressional Record, xxxix. 3962, 3963, 3971, 4018, 4027, 4029. In spite of this Joint Resolution, the precise legal status of the Yosemite Valley seems still to be undetermined. See the Nation, 28 September, 1905, lxxxi. 250, and President Roosevelt’s Message to Congress of 5 December, 1905.

1 Though now known as North Park and Middle Park, the former was originally New Park and the latter Old Park.

2 Waterville in the White Mountains, New Hampshire, presents a fair imitation of a Colorado park. A peculiarity of a Colorado park is that, generally speaking, in order to get out of one it is necessary to climb a hill or mountain; for the streams usually force their way out through canons so rocky and narrow as to make roads difficult or impossible.

1 Report of the Exploring Expedition to Oregon and North California (1845), pp. 281, 282. “New Park” is plotted on the Map to illustrate an Exploration of the Country, lying between the Missouri River and the Rocky Mountains, on the line of the Nebraska or Platte River, By Lieu^t. J. C. Frémont, facing page 7 of Frémont’s Report on an Exploration of the Country lying between the Missouri River and the Rocky Mountains, on the line of the Kansas and Great Platte Rivers, published in 1843. The map is not dated, but Frémont’s tour extended from 2 July to 10 September, 1842, he reached St. Louis 17 October, 1842, and his Report is dated 1 March, 1843. Presumably, therefore, the map was plotted in 1842. “New Park,” “Old Park,” “Bayou Salade,” and “South Park,” are plotted on the Map of an Expedition to the Rocky Mountains in the Year 1842 and to Oregon & North Californ ia in the Year 1843–44, By Brevet Capt. J. C. Frémont, facing page 105 of Frémont’s Report of the Exploring Expedition to Oregon and North California, published in 1845. “North Park”, “Middle Park,” and “South Park” appear in 1848 on the Map of Oregon and Upper California From the Surveys of John Charles Frémont And other Authorities, which accompanied Fremont’s Geographical Memoir upon Upper California, published in 1849. Apparently, therefore, the name “Old Park” was displaced by that of “Middle Park” between 1842 and 1848.

1 Travels in the Great Western Prairies (1843), p. 51; cf. pp. 53, 56, 62, 63, 73. Farnham’s route is a little difficult to trace, but, though he traversed South and Middle Parks, he certainly did not enter North Park. I am indebted to Mr. Edward H. Whorf of Boston for calling my attention to this book.

Since the above paper was written, the section of the Oxford Dictionary containing the word Park has been published. Dr. Murray quotes an extract from Major Zebulon M. Pike, where, apparently, Pike uses the word in the sense under discussion. When I sent the extract to Dr. Murray, now several years ago, I was under the impression that such was the case; but a more careful examination makes it somewhat doubtful. Under date of 14 August, 1808, Pike writes:

In 1895, Dr. Elliott Coues located the place as follows:

A glance at a map will show the “oxbow” made by the Osage at that point, perhaps five hundred miles east of the Rocky Mountains. It is clear, then, that Pike did not use the term in connection with the Rockies. The fact that in the original edition “Park” is printed in italics seems to indicate that Pike was using an unfamiliar word,—one which perhaps he got from his guides. Compare the extract, cited later in the text (p. 392), from Gilpin.

1 Account of an Expedition from Pittsburg to the Rocky Mountains, . . . the Command of Major Stephen II. Lon g (1823), i. 463, 464.

2 The Central Gold Region (1860), p. 66. Between 1820 and 1860 a single example may be given. Under date of August, 1839, T. J. Farnham wrote:

“Bayou Salade” was another name, in use for many years, for the South Park. It would not be without interest to give in full the history of this extraordinary appellation, but space forbids. Suffice it to say that the first word of the compound has apparently nothing to do with our familiar bayou, meaning a small stream or creek—a word not of French or Spanish, but of Indian, origin; and that “Bayou Salade” is a corruption of “Valle Salado,”—the South Park having long been noted for its salt springs. In the solution of this riddle, I have been greatly aided by the researches of Mr. Edward H. Whorf.

1 The Central Gold Region, p. 48. Throughout his book, Gilpin spells the word parc.

2 Mr. Whorf calls my attention to some documents which show that as early certainly as 1748 the French rovers down the Mississippi began to follow the route which a century later had become famous as the Santa Fé trail. See Land of Sunshine (1808), viii. 127.

3 The book, though to a certain extent interesting, is singular. When in Denver in 1887, I met Governor Gilpin, then seventy-three years of age, and I shall long remember his vivid description of the Continental Divide as “the backbone of the continent,” his infectious enthusiasm for every thing relating to Colorado, and his earnest insistence that Colorado possessed the only truly mountain climate known in the world.

4 Scenes at the Camp, in The Oregon Trail, Knickerbocker Magazine, December, 1847, xxx. 479. The passage will be found in chap. xi. of the published volume.

1 Report of Explorations, p. 37, in Pacific Railroad Reports (1855), ii. Another extract from this Report is given because it shows us the christening of a small park. The person for whom it was named was Sheppard Homans, the astronomer of Capt. Gunnison’s party. Under date of 31 August, 1853, Beckwith writes:

2 Thirty Years’ View, ii. 581.

1 In Capt. J. H. Simpson’s Report of Explorations across the Great Basin of the Territory of Utah (1876), p. 133. The statement in the text, coupled with the fact that Middle Park was originally called Old Park, seems to indicate that Middle Park was first approached by the whites from the Pacific slope.

2 Life and Adventures of Kit Carson, p. 51.

3 Rambles in the Rocky Mountains, p. 135.

1 Second Annual Report of the United States Geological Survey of the Territories (1873), p. 87.

2 Colorado (1867), p. 89.

3 Report on the Exploration of the Yellowstone River (1868), p. 6.

1 General Laws, Resolutions and Memorials of the Territory of Wyoming, passed at the Second Session of the Legislative Assembly (1872), pp. 138, 139.

2 Fifth Annual Report of the United States Geological Survey of the Territories (1872), p. 18.

3 Across America, p. 94.

1 History of the Lewis and Clark Expedition, ii. 485, 486 notes.

2 It should perhaps be added that in addition to National Parks, there are in the United States various St ate Parks, City Parks, and, in Massachusett s at least, Metropolitan Parks.

1 Mr. Hedges’s Journal is printed in Contributions to the Historical Society of Montana (1904), v. 370–394. Other interesting allusions to the Yellowstone region will be found in the same Contributions, i. 113–143, 149–233, 208–284, ii. 331, 332, iii. 153–174, iv. 157, 158, 160.