USA > Maine > Franklin County > Industry > A history of the town of Industry, Franklin County, Maine > Part 3
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In 1661, the Colony of New Plymouth sold and conveyed a tract of land fifteen miles wide on each side of the Kennebec River and thirty miles in length from north to south, to Antipas Boies, Edward Tyng, Thomas Brattle and John Winslow, for £400, or " at a cost," as Wm. Allen states, "of about four cents and three mills per acre." These persons and their heirs held it for nearly a century without taking efficient means for its settlement. In 1749, however, they began to think of settling their lands, and in September of that year, a meeting of the proprietors was called, and new members were admitted. Four years later, Massachusetts passed an act permitting persons holding lands in common and undivided, to act as a corporation. In June, 1753, under this act, a corporation was formed by the name of the "Proprietors of the Kennebec Purchase, from the late colony of New Plymouth," which continued to be their legal title, though they are commonly known by the name of the Plymouth Company, and their lands as the Plymouth Patent. At the time of this incorporation, their claims were very ex- tensive, much exceeding the bounds already mentioned,-in fact, extending from Casco Bay eastward to Pemaquid, and north from the sea-coast to Carratunk Falls. Four adjoining companies claimed, however, large portions of this territory ; whose claims, after tedious litigation, were finally settled, either by compromise or reference.
The early explorers of Sandy River valley, supposing the land where they had decided to make clearings and establish their future homes, which was subsequently incorporated as the town of Farmington, belonged to the Plymouth Patent, en-
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HISTORY OF INDUSTRY.
tered into negotiations with the proprietors for the purpose of obtaining a title to the land. Judge Joseph North was em- ployed to survey the township, in the spring of 1780, agreeable to these pending negotiations. The first duty of the surveyor was to establish the northwest corner of the Plymouth Patent, which, according to the proprietors' claims, would likewise fix the northwest corner of the township. This corner he made on a basswood tree marked " K. 15 M."-to denote that it was fifteen miles from the Kennebec River .*
Nine years later, after the close of the Revolutionary War, by a different construction of the grant, and by an agreement with the agents of the Commonwealth, dated June 26, 1789, Ephraim Ballard, ¡ a surveyor agreed upon for the purpose, made the northwest corner of the patent eighty rods east of the northeast corner of Farmington. The boundary of the Plymouth claim thus being established near the western shore of what is now called Clear Water Pond. After the establish- ment of the northwest corner of the Plymouth Patent, in 1789, the Company obtained a grant from the Commonwealth of Massachusetts, of a strip of land one mile and a half wide and thirty miles long, on their northern boundary, to compensate them for lands given to settlers. This new acquisition extended the northern limits of their possessions in Industry to the south line of the township of New Vineyard, as given in Osgood Carleton's Map of Maine, published about 1795.
The meetings of the Company continued regularly, with the exception of the first year of the Revolutionary War, from 1749 till it finally sold the remnants of its possessions, at pub- lic auction, in 1816, and dissolved by mutual consent.
* Butler's History of Farmington, p. 2.4. Allen says ( History of Industry, p. 3) that the corner was marked "on a small beech tree." Mr. Butler quotes from the original plan of the survey, hence, his statement is to be accepted as indubitable testi- mony. Mr. Allen undoubtedly confounded this landmark with the small beech tree on the New Vineyard Gore which marked central corners of the four quarter sections.
+ Esquire William Allen states ( History of Industry, p. 3) that this boundary was established by Samuel Titcomb, a noted surveyor; but by the evidence adduced in the action Winthrop vs. Curtis ( Greenleaf's 3 Me. Reports, p. 112) it was shown to be Mr. Ballard, as stated above.
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LAND TITLES.
The lands of the Company were not surveyed and offered for sale as the advancement of the country demanded. At the close of the Revolutionary War, great numbers of the dis- banded soldiers, unlike those of Europe-the pest and scourge of society-came into the District of Maine to seek a per- manent home, and became industrious husbandmen. The Company having formerly taken such pains to extend the in- formation of their liberal offers of land to actual settlers, many came on to the patent and selected for their abode such lots as suited them, without inquiring whether these were designed for settlers or had been assigned to individual proprietors, or were yet among the unsurveyed lands of the proprietary; and in 1799, it was found that large portions of the unlocated lands of the Plymouth Patent were taken up by persons who had intruded themselves without permission. "If," says R. H. Gar- diner, " the Company had, even at this late hour, resumed their former policy and given to the settlers half of the land, if so much had been required, for each to have one hundred acres, or if they had offered to sell at very low prices to actual set- tlers, there can be little doubt that the remaining portions would have been of more value than the whole proved to be ; but what is of infinitely more importance than pecuniary value, peace and quietness would have been at once established, and the subsequent scenes of violence avoided."
The Company also found themselves deprived of disposing of their lands by dividing them among the proprietors; for division presupposes surveys and allotment, and the settlers would not allow surveys unless they could previously know what would be the price of their lands. After trying various expedients in their endeavors to gain possession of their lands, without success, the Company petitioned the General Court, in 1802, to authorize the Governor and Council to appoint com- missioners, "who should determine the terms upon which the Company should quiet cach of the settlers in possession of certain portions of land as may include their improvements, in such a manner and on such terms as the Commissioners may
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think best." The following resolve was passed, in conformity with the prayer of these petitioners :
On the petition of Arodi Thayer, in behalf of the proprietors of the Kennebec Purchase, authorizing the company to quiet the settlers on said lands, and empowering the Governor, with advice of the Council, to appoint Commissioners to adjust and settle all dis- putes between said proprietors and the settlers on said lands. February 19, 1802.
On the petition of Arodi Thayer, in behalf of the proprietors of the Kennebec Purchase, from the late colony of New Plymouth, praying for leave to sell and dispose of certain of their lands for the quieting of settlers ; and for the establishing commissioners to quiet all such settlers as shall agree to submit themselves to their authority, and to fix and determine on the terms upon which they shall be so quieted : And the legislature being desirous to promote the laudable and liberal applica- tion of the Plymouth Company, to bring to a peaceable and final close, all matters not adjusted by its agent with the settlers on the undivided lands, by a submission of the same to three disinterested commissioners : Therefore,
Resolved. That the proprietors of the common and undivided lands belonging to the Plymouth Company, so called, be, and they here- by are authorized and empowered, by their agent or agents, duly ap- pointed and authorized for that purpose, at any legal meeting of said proprietors, to compromise and settle with such persons, or each or any of them, who may have entered upon any of said lands, and made im- provements thereon ; and by deed under the hand and seals of such agents, sell and convey to such person or persons, any portion or por- tions of said lands which they may think best, and on such terms as the parties may agree ; and after payment of all such taxes and charges as may be due from any proprietor, to divide and pay over to every pro- prietor his share of the residue of the money arising from such settle- ment and sale, according to his proportion of lands : And all such sales shall be as valid in law as if the deed thereof had been executed by every individual proprietor, or his or her legal representative :
And whereas it is conceived. That a final compromise and settle- ment of the claims of the said proprietors, with such persons as have intruded upon such common and undivided lands, will have a tendency to promote the peace and quiet of that part of the State; and the said proprietors having, on their part, assured the Commonwealth, that they
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LAND TITLES.
are willing to submit the terms of compromise with such persons as have set down on their said lands, and shall not have settled with said Company or their agent, to such commissioners as shall be appointed under the authority of this government : Therefore,
It is further resolved, That the Governor with the consent of the Council, be, and he hereby is authorized and requested to nominate and commission three disinterested persons to adjust and settle all dis- putes between said proprietors and any such person or persons, their heirs or assigns, as have not settled with said proprietors or their agents : And the said commissioners, in settling the terms aforesaid for quieting any settler in the possession of one hundred acres of land, laid out so as to include his improvements. and be least injurious to adjoining lands, shall have reference to three descriptions of settlers, viz : Those settled before the war with Great-Britain, settlers during the war afore- said, and settlers since that period, or to any person whose possession has been transferred to claimants now in possession ; and award such compensation and terms of payment to the proprietors as shall appear just and equitable. And said commissioners shall repair to the land in dispute, and give due notice of the time of their meeting by the twen- tieth day of September next; and thereupon proceed and complete the purposes of their commission as soon as may be, and make their report in writing, under their hands and seals, or under the hands and seals of a major part of them, into the office of the Secretary of this Commonwealth, who shall make out true and attested copies of the report, one for the said proprietors, and the other for the said settlers : And all reference by the settlers to the said commissioners shall be in writing, signed by the settlers, their agent or agents, representative or attorney, and by the agent of the proprietors, duly appointed and authorized for the purpose by a vote passed at a legal meeting of the said proprietors ; and the report of the said commissioners, made, exe- cuted and transmitted into the Secretary's office aforesaid, shall be final between the parties referring as aforesaid : And it shall be the duty of the agent for said proprietors to make and execute such deeds of conveyance upon performance of the conditions awarded, as may be necessary to give full effect to the report of said commissioners, which deed shall be as valid in law, as if the same was executed by every indi- vidual proprietor, or his agent, or legal representative, and all moneys received by said proprietors, or their agent, in virtue of said proceed- ings, shall be disposed of to the use of the several proprietors, in the same manner as is provided by this resolve in case of settlement by said proprietors, without submission to said commissioners :
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Provided, That the parties interested in this resolve shall, on or before the ist day of November next. submit themselves to the refer- ence aforesaid, otherwise they shall not be entitled to any of the pro- vision, or benefit of this resolve.
And whereas the peace, happiness and prosperity of a large and promising territory seems greatly to depend on an amicable settlement of existing controversies and disputes, which tend to public discord and private animosity, a submission to the commissioners to be appointed as aforesaid is earnestly recommended to all settlers on the lands afore- said, and all others interested, who wish hereafter to be considered as friends to peace, good order and the government of the Commonwealth. And all expenses and incidental charges of the aforesaid commission shall be paid, one half by the Commonwealth, and the other half by the said proprietors.
The Commissioners appointed were, Hon. Peleg Coffin, State Treasurer, and a descendant of Sir Thomas Coffin, the original proprietor of the Island of Nantucket, whose descend- ants down to the time of the Revolutionary War exacted quit rents of all purchasers of real estate, out of the family line, of one hundred pounds of beef or pork or its equivalent, annually, with high aristocratic notions, was appointed chairman ; with Hon. Elijah Bridgham, a Justice of the Court of Common Pleas, and Col. Thomas Dwight, of Northampton, as associates. Although a recent writer claims that these men possessed the entire confidence of the public, yet Esquire William Allen says of them, "The selection of these Commissioners was very un- · fortunate for the settlers; they were all old-school Puritans of strict, unbending integrity of the patrician grade, with inflexible opinions as to the rights of freeholders, with no sympathy for trespassers or squatters as the settlers were called. They had no personal knowledge of the nature of the soil they were to appraise, and had no conception of the hardships and priva- tions of the settlers by whose hard labor not only the lands they occupied, but all in the vicinity had been made available and accessible by improvements and roads ; nor of the impos- sibility of raising money from the produce of the soil or from their labor, to pay the prices demanded by the proprietors."
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LAND TITLES.
Many settlers, who had served their country faithfully dur- ing the Revolutionary War and had been turned off without the least compensation for their services, were forced, from actual necessity, to take possession of wild land, wherever they could find it unoccupied, in order to save themselves and families from starvation. This they were invited and allowed to do on wild lands belonging to the State. Some of the Proprietors of the Plymouth Patent were Englishmen; others were English sympathizers who had fled from the country, on the breaking out of the War, and had in a moral and equitable sense forfeited their estates by disloyalty to their country. Thus the early settlers in Industry believed, but the Courts thought differently. Others maintained that a title to their lots could be gained by possession, or at least for a small additional stipend.
The Commission was required to repair to Maine and ex- amine the lands claimed by the Company, allow the settlers a hearing, and then state the terms and fix the price to be paid by each person who had been in possession of the land one year or more, for the lot on which he was located. As a necessary preliminary measure, Lemuel Perham, Jr., of Farm- ington, was employed, in September, 1802, to make a survey of the lands in Industry.
This survey was made under the supervision of the Com- pany's agent, Isaac Pillsbury, of Hallowell, and by mutual agreement of the parties, Samuel Prescott, Esq., and Major Francis Mayhew, of New Sharon, were selected as chainmen. The surveyor was directed to run out a lot for each settler, to include all his improvements, with as little damage as possible to the adjoining lands. Under these directions, lots were laid out and numbered from one to seventy ;* the survey com- mencing at Thompson's corner and embracing a large portion of Company's land, afterwards incorporated as the town of In- dustry, and extended north to the Mile-and-a-half or Lowell Strip. In October, after the completion of the survey, the Commission
* Report of the Appraising Commission. Wm. Allen says ( Ilist. of Industry, p. 37) : " He [Mr. Perham] thus proceeded from day to day till he had laid out a lot for each settler, numbering them from one to sixty-four."
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HISTORY OF INDUSTRY.
came to Augusta, and established themselves at Thomas's Tav- ern, on the east side of the Kennebec River,-giving notice to all persons interested, to appear and submit their cases to be heard. When, without seeing a single lot to be appraised, as appraisers on executions are required to do, they affixed a price ranging from one hundred and twenty-five to two hundred and twenty-five dollars for a lot of one hundred acres. This sum, with back interest, the settlers were required to pay in Boston, within a specified time, in specie or Boston bank bills.
As few of the settlers had ready funds sufficient to pay the expenses of a journey to Augusta to present their claims in person, Capt. William Allen and Nahum Baldwin were em- ployed by the settlers, as their lawful agents and attorneys. In compliance with this arrangement the following document was signed and executed :
SUBMISSION OF SETTLERS ON PLYMOUTH CO.'S LAND. RECORDS OF THE COMMONWEALTH, VOL. 3, PAGE -. ( IN CONNECTION WITH PLANS.)
Know all men by these presents, That We, the Inhabitants and Settlers in the Plantation of Industry, in the County of Kennebec, and Commonwealth of Massachusetts, viz : ( Here follows a list of the names which appear below as signers, but not in the same order. ) Do by these presents constitute and appoint Capt. William Allen and Nahum Baldwin of the Plantation of Industry aforesaid, to be our true and Lawful agents or attornies, and for us and for each of us & in our names & behalf, to appear before the Commissioners Appointed by his Excellency the Governor and Council, under a Resolve of the Legisla- ture of the Commonwealth aforesaid, passed the nineteenth day of Feby., One thousand eight hundred & two, to adjust & settle all disputes between the proprietors of the Kennebec purchase (so called) and the Settlers who have settled on the Undivided Lands of said Proprietors as described in the Resolve aforesaid, and us their Constituents to represent before said Commissioners, for us and in our names to make, sign & Execute In Submission or Reference to the Commissioners aforesaid, the same to be good, valid & binding on us and each of us as tho. we were personally present, and had subscribed our names to such submission or Reference aforesaid to all intents, constructions & purposes whatever. In testimony whereof, we have hereunto set our
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LAND TITLES.
hands and seals this first day of October, in the year of our Lord one thousand eight hundred and two.
Signed & sealed in presence of
(signed) Cornelius Norton
(signed )
Jonathan Williamson, Jr.
Luther Burr. Levi Willard.
his
John Thompson.
Joseph X Taylor.
Samuel Willard.
Elijah Butler.
mark John Gower.
Jonathan Knowlton.
Rufus Sanderson.
John Webber.
James Thompson. his
Atkins Ellis.
Nath'l Willard.
Joseph X Moody. mark Hugh Thompson.
Samuel Moody.
Zachariah Norton.
Levi Joy.
Zoe Withee.
Clark Works.
Eleazer C'rowell.
Nathl. Davis.
Joel Works.
Peter West.
Jeremiah Bean.
Daniel Burr.
James Winslow.
David Smith.
Eben'r Williamson.
William Baker Mann.
Abijah Smith. Abraham Johnson.
James Heard.
Joshua Greenleaf.
Bartlett Allen.
Isaac Young.
Samuel Hinckley.
Nathaniel Chapman.
Elijah Norton.
Daniel Ellet.
Peter Witham.
Ebenezer Clark.
John Lake.
Ebenezer Oakes.
John Coffin.
Sam Hill.
Samuel Leeman.
Jacob Matthews.
Saml. Brown.
Jacob Leeman.
Thomas Johnson.
John Thompson.
David Maxell.
Benjamin (Arnold?).
Zephaniah Luce. his
Dan'l Young.
Ebenezer Stevens.
Daniel X Emmery.
John Young.
Benja. Burges.
Silas Perham.
Lemuel Collins. his
John B. Stevens.
Ambrose Arnold.
Benjamin X Jewett. Archelaus Luce.
mark
De'Have Norton.
his Jabez X Rollins.
mark Joshua Pike.
James Johnson.
Levi Greenleaf.
John Patterson.
ınark
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HISTORY OF INDUSTRY.
Freeman Allen.
his
Ephraim X Moody. Samuel Stevens.
mark
his
Shubael X Crowell. Elisha Luce. mark
John Thompson, Jr. Benjamin Stevens.
Henry N. Chamberlain. William Ladd.
Seth Brooks. Alvan Howes.
Kennebec, ss. Industry Plantation. October the first, 1802, then the above named persons Personally appeared and acknowledged the above Instrument to be their free act and Deed, before me.
(signed) Cornelius Norton Justice of
the Peace.
The names of Henry N. Chamberlain and Seth Brooks, were ack. on Oct. 5.
Money being almost wholly out of the question, the settlers paid Capt. Allen in grain, with the exception of one who gave him a silver dollar, which was all the cash he got from them towards defraying the expenses of his journey. Their cases were presented in due form by the agent, who labored assidu- ously to secure favorable terms for his employers, but with little avail.
The impartial reader can not fail to discern that the settlers of Industry were submitting their cause to a rigid tribunal, whose sympathies in the matter favored the proprietors. Not only was their able agent, Charles Vaughan, Esquire, in attend- ance at these hearings ; but likewise eminent legal counsel* and witnesses were subpoenaed to testify in behalf of the proprietors. On the other hand, settlers who were too poor to personally appear before the Commission in their own behalf, were in circumstances which precluded all thoughts of counsel to de- fend their rights, or witnesses to tell of the stubborn nature of the soil in Industry, or the abject poverty and want of its in- habitants. The proprietors' counsel availed themselves of the most trivial errors, making mountains of mole hills, in order to
* These were llon. James Bridge, an eminent counsellor of his day, and Reuel Williams, then a rising young lawyer.
LAND) TITLES. 37
gain an advantage over the settlers, whom they seemed to regard rather as criminals to be convicted, than honest men presenting equitable claims for adjudication.
Forming an opinion from a few fertile spots on the beautiful Kennebec, and the glowing accounts of the Company's wit- nesses, the prices affixed to lots of land appraised was from seventy-five cents to one dollar and twenty-five cents per acre, higher than equally as good land cost in adjoining towns.
"Thirty-one settlers,"* writes Wm. Allen, "submitted their claims to the Commissioners, all of whom were greatly disap- pointed with the appraisal, and only eleven of this number, by the aid of friends, were able to make payment according to the appraisal, and not more than six from their own resources. Some of these had to sell every animal of stock they had, to do it. Ten others prevailed on friends to advance the money for them and take the deeds for their security and to give them time to purchase of them or redeem their mortgages. The other ten abandoned their possessions and left town. An age elapsed before the title of the proprietors or non-residents was extinguished."
" My lot," continues Esq. Allen, " cost me two hundred and seven dollars and forty-two cents, in 1804. I was able, by selling my oxen and all my grain, and by appropriating my wages for teaching school, to raise the necessary sum within ten dollars, and Elijah Fairbanks, of Winthrop, voluntarily lent me that sum to complete the payment. 1 then took a receipt and demanded my deed, but was refused for some time, till 1 paid the two dollars required by the agent and took a deed without warranty." Each claim adjusted required the execution of two sets of papers, one being a "submission," signed by the settler or his attorney, the other a written decision of the Commis- sioners.t The samples here given are verbatim copies of the originals.
* (Ilist. of Industry, p. 8.) The returns of the Commissioners show that forty- eight settlers submitted their claims.
+ In the originals, the words in italics were in writing, the rest in printing.
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HISTORY OF INDUSTRY.
THE FORM USED IN THE "SUBMISSION" OR REFERENCE, BETWEEN THE KENNEBEC PROPRIETORS AND THE SETTLERS IN THE PLANTATION OF INDUSTRY, IN 1802.
Whereas the Legislature of this Commonwealth, by a resolution of the nineteenth day of February, one thousand eight hundred and two, made and provided for the quieting of settlers on the common and un- divided lands belonging to the proprietors of the Kennebec Purchase, from the late Colony of New Plymouth, and for establishing commis- sioners for that purpose, did Resolve as follows :
" That the Governor. with the consent of the Council, be, and he " hereby is authorized and requested to nominate and commission three " disinterested persons to adjust and settle all disputes between said " Proprietors and any such person or persons, their heirs and assigns, " as have not settled with said proprietors or their Agents .- And the " said Commissioners, in settling the terms aforesaid, for quieting any "settler in the possession of one hundred acres of land laid out so as " to include his improvements, and be least injurious to adjoining lands, " shall have a reference to three discriptions of settlers, viz : those set- " tled before the war with Great Brittain, settlers during the war afore- " said, and settlers since that period, or to any person whose possession " has been transferred to claimants now in possession."
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