A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement, Part 27

Author: Johnston, John, 1806-1879
Publication date: 1873
Publisher: Albany, N. Y. : Joel Munsell
Number of Pages: 1089


USA > Maine > Lincoln County > Bremen > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 27
USA > Maine > Lincoln County > Bristol > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 27


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In Harrington and Walpole the land on the river was divided into lots of 12 acres, but further back lots of 100 acres were laid out. According to Williamson, 1 a large part of Harrington and . Walpole, not immediately taken up, was granted to two specu- lators by the names of Montgomery and Campbell ; but little more is known of them.


The following document, though rather lengthy, is too inter- esting to be omitted. It is a deposition of Samuel MeCobb of Boothbay, sworn to Oct. 23, 1772.2


Samuel McCobb, aged 61 years, testifieth and saith, that in the year . 1729, Col. Dunbar came with a commission from his most excellent Majesty, George the second, with instructions to take possession and set- tle with the inhabitants, in behalf of the crown, the lands lying to the eastward of the Kennebec River in said province, that with a number of men and necessaries he arrived at Pemaquid in the said year, and forth- with proceeded to survey and settle several towns around, publicly invit- ing His Majesty's liege subjects to come and settle thereon, promising them ample encouragement, in the name of the King, his master. In conse- quence of which encouragement the Deponent, with more than 40 others, applied to the said Dunbar and by him were brought to and settled on a certain neck of land bounded on the sea, and lying between the Sheepscot and Damariscotta Rivers, the which lands the said Dunbar had laid out in parallel lots, twelve rods broad, containing two acres apiece, and ordered the settlers to cast lots for their respective places, which being done, the said Dunbar did, in the King's name and behalf, put them in possession of the lots they had respectively drawn, and promised that on condition of their building one house eighteen feet long and clearing two acres within the space of three years he could give them an addition of forty acres in one, and one hundred in another division, as contiguous to the first two acres as possible, in fee simple forever, and likewise to add thereto another division devising to each settler any number of acres besides, less than


1 Hist. Maine, II, 166.


2 Files, State House, Boston.


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1000, which they should request. A number having complied with these terms, and said Dunbar offered to give them deeds of said lands, but the execution thereof was delayed, and in the year 1733 he was removed to New Hampshire. The lands being naturally broken and poor, and more especially then, in their wild uncultivated state, and the settlers coming there generally in low circumstances, and most of them (as being from Britain and Ireland) utterly unacquainted with the mode of managing lands in that state, little of the necessaries of life was raised from the soil, their whole living depended on cutting firewood and carrying it to Boston and other towns more than one hundred and fifty miles from them ; hence the settlers lived, from the first, exposed to the utmost extremities of indigence and distress, and at the same time in almost continual alarms from the savages all around, till in the year 1745, when the murders and depredations in their borders forced them from their habitations to seek shelter in the westward, where they were scattered in a strange country, at nearly 200 miles distance from their homes, for five years. In October, 1749, as soon as the news of peace reached them, this deponent with many of his former neighbors ventured back to their said settlements where they had scarce finished the repairs of their wasted cottages and improvements, when in a year or thereabouts, the Indians tho' in a time of peace fell on their neighborhood, burnt barns, killed many cattle, attacked the little garrison kept by the people, and carried away a number of men, women and children into captivity. By this the deponent and his neighbors were obliged to flee to the little fortress they had raised for themselves where they lived and defended themselves as they might, not daring to look after their plantations, by which means the little provisions then growing for their support the next winter, were chiefly destroyed ; whereby, when they returned to their places, little better than the horrors of famine were in prospect ; many were obliged to live by clams, only, which they dug out of the mud when the tides were down ; thus they subsisted in general till the late war with France broke out, when tho' their cries were sent up to the government for some protection on this settlement, which they still held in the King's behalf, and from which should they again be driven they knew not where to seek a place of abode, yet no defence or assistance went to or a morsel of bread was allowed them, but such as they found for them- selves, by garrisons and guards of their own where their families lived in continual terror and alarm from the savages who ranged the wilderness all around, till the late peace was concluded, when their settlements increased much by new comers from the western parts. Thus happily rid of French and Indians they were not long suffered to rest for three or four opposite setts of claimers, part claiming by Indian deeds never approved according to law, and part by pretende'l ancient occupation and other pretexts never justified in law. at divers times came among them demanding the posses- sion of these said lands, or requiring a purchase for them. These imipo-


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sing on the credulous simplicity of some of the inhabitants by fair promises, and terrifying others with threats of lawsuits for which the poor settlers were ill provided, so far prevailed that the generality were fain to contract with and buy their lands from one or another of them, and some of them all successively, and such as have not done so are still harrassed by the said claimers and threatened by each, in his turn, with lawsuits, ejectments, if not imprisonments and ruin, whilst those of whom they have bought have never done anything to defend them from compe- ting claimers, and all have left them to become a prey to whom comes next. However, by the help of God, they continued on their said posses- sions till the year 1764, when desirous of obtaining the benefit of order and the enjoyment of the gospel, they applied to the Gen !. Court of the Province and were legally incorporated into a town by the name of Booth- bay * * * in the year 1765, without any help from the public [from abroad] erected a church, and in the year 1766 settled a gospel minis- ter. * * * These things the deponent testifyeth as facts within his own proper knowledge having had occasion to be personally and intimately interested therein, and he declareth that this deposition is not given with any injurious intent toward any person whatever.


This account of the condition of the inhabitants in the neigh- boring town of Boothbay, for some 20 years after the rebuild- ing of Fort Frederic, would probably apply equally well for Bristol at the same period. Other affidavits, sworn to at the same time, are on file in Boston, but only some short extracts can be given here.


At the same date as the above, Wm. Moore, aged 72, after confirming the above, deposed as follows : That at Townsend the said Dunbar said he meant to found a city. That the two acre lots were laid out by order of one Mitchell, said to be one of the King's Surveyors sent from Annapolis in Nova Scotia for that purpose, and after him by one Newman sent by said Dunbar from Pemaquid. That the reason why this deponent, and the other settlers who had fulfilled the conditions required, did not receive deeds from said Dunbar was by him declared to be because they must needs be sent to a certain Governor Armstrong at Annapolis to be sealed, which being a hardship on the settlers, and disagreeable to said Dunbar, he advised them to defer the execution of their deeds till he should have an answer from the Court of Great Britain to an application he had made them requesting the seal should be committed by himself. That [from various causes, as already related, ] provisions were so scarce among them, the only sustenance chis deponent could find for himself and family was clams and water for several weeks together, and he knows not of any of the settlers that were not then in the same state, so that when the first


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child was born in the settlement not more than three quarts of meal was to be found amongst them all.


John Beath aged sixty-two years testifyeth that he lived with his father who dwelt at Lunenburgh in the western part of said Province (of Mass. Bay) when the news was published over New England that His Most Ex- cellant Majesty, King George the second had commissioned and sent to Pemaquid in the easteru parts of said Province a certain Col. David Dun- bar, as bis agent to take possession and begin the settlement of the land castward of Kennebee River in His Majesty's name & behalf, & that said Dunbar was arrived and had published large encouragements to any of his Majesty's Protestant liege subjects who should settle on said lands. In pursuance of which this deponent, together with his father & family, in June, 1731, left their plantation, & at no small expense transplanted themselves, their stock & effects to said Pemaquid, when after treating with said Dunbar this deponent, with his father &, as he supposes, above sixty others, were by the said Dunbar settled [on a piece of land at Booth- bay Harbour where he proposed to build a city.] That on the 19th of August in the year 1749, this deponent with seventeen others was taken captive by the Indians, that they were detained till - November, that said Indians took from him a sloop of sixty tons burthen with the cargo [which they took to St. Peters & sold.]


No copy of a deed or lease given by Dunbar is now known to be in existence, but Williamson says " the assurances of title he gave the settlers were leasehold indentures, with the an- tiquated reservation of a 'pepper corn' if demanded." What became of these deeds or leaseholds is not certainly known, but it has been said they were committed by Dunbar to Mont- gomery and Campbell, before named, and by Campbell, after the death of Montgomery, to Wm. Vaughan, who lived at Damariscotta Mills. Vaughan built a house there about 1740, which, not long afterwards was consumed by fire, and probably also the documents in question.1


Whatever may be said of Dunbar's character as a man, it is certain he conducted the affairs of his office with great vigor, and success. And it is probable that in all his arbitrary con- duet towards the inhabitants he only acted in accordance with his instructions, which however he refused to show. Hle dis- regarded alike the claims of the great proprietors, whether holding under royal grants or Indian deeds, and those of the


1 ITist. Maine, 11, 166.


' Lincoln Report, 1811, p. 145, Testimony of Col. Wm. Jones.


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poorest settlers, holding their small farms under these propri- etors. On the theory just alluded to the whole had become the property of the crown whose agent he was.


Such a course as this could not but wake up a formidable op- position on every hand, and Dunbar soon found himself in dif- ficulty. Disregarding alike all former titles, from whatever source derived, he soon found that all persons representing the old claims were arrayed as one man against him. At first he affected to despise this opposition, but at length he found, much to his disappointment, that it possessed a strength he had not anticipated. Petitions and remonstrances crowded the tables of the general court in Boston, and agents of some of the larger claimants even went to England to bring the matter before the proper authorities there. The remonstrances and petitions addressed to the general court were referred to a committee who speedily reported, presenting the facts in the case, and de- nouncing the course of Dunbar; but the provincial government was powerless in the matter, except merely to bring it before the British authorities. This they did in earnest, and with effect. Belcher, at this time governor, though in the midst of a bitter quarrel with the house in regard to his salary, united with them in this mattter, out of hatred to Dunbar.


Political parties in the colonies at this time were as decided and bitter as they have ever been since; and Dunbar had given mortal offence to Belcher by joining the party opposed to him. When therefore all the proprietary interests were combined to effect Dunbar's removal, Gov. Belcher was ready without hesi- tation to afford all the aid which his official position might en- able him to give. He evidently had the disposition to proceed to more decisive measures, but for his fear " to encounter a man armed with a royal commission."


About this time Dunbar, having occasion to visit Boston, was surprised to find that governor, legislature and the people were alike opposed to his course, which they considered excessively arbitrary and unjust. Being thwarted in some of his plans, and some of his views of public affairs being violently opposed, he fell into a passion, and in strong language denounced governor, legislature and people together.


Scarcely two years had elapsed, after Dunbar's arrival in the country, before the complaints preferred against him in Eng- land became so loud and earnest, that the government was


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obliged to notice them. Shem Drowne, of Boston, in behalf of the proprietors of the Pemaquid patent, petitioned the crown for his removal ; and Samuel Waldo, sent over as agent for the claimants under the Muscongus patent, with other friends they found in England, was present in person to urge the same thing. The whole matter was referred to the Board of Trade, who call- ed the province agent, Francis Wilkes before them and ordered a full statement of the matter in controversy, to be made up and referred to the attorney and solicitor general for their opin- ion. The facts, as heretofore related (pages 254, 266), of the conquest by the French in 1696, and the reconquest by the En- glish in 1710, were to be particularly referred to, and the two following queries submitted, viz :


" 1. Whether the inhabitants of Massachusetts Bay, if they ever had any right to the government of the tract of land lying between the St. Croix and Kennebec, have not, by their neglect, and even refusal, to defend and take care of and improve the same, forfeited those said rights to the government, and what right they had, under the charter, and now have to the lands.


" 2. Whether by the said tracts being conquered by the French, and afterwards reconquered by General Nicholson, in the late queen's time, and yielded up by France to Great Britain, by the treaty of Utrecht, that part of the charter relating thereto, became vacated, and whether the government of that tract, and the lands thereof, are not absolutely revested in the owner, and whether the owner has not thereby sufficient power to ap- point governors, and assign lauds to such families as shall be desirous to settle there." 1


These officers, after patiently listening to the arguments of counsel on both sides, made a report which entirely settled the question. They decided that by the royal charter2 to Massa- chusetts Bay, this territory was granted to her, both as to civil jurisdiction and right of soil, and that she had not at any time so neglected it as to forfeit the rights. They decided further that the conquest by the French, by the laws of nations did not aunul, but only suspended, the rights of the crown and people of the province, and that upon the reconquest by the English, all the ancient rights, whether of the crown or the


1 Sul. ITist., Me., p. 293. Will. Mist., Me., IT., 174.


" The charter of William and Mary, in 1692, is meant.


35


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people, being British subjects, immediately reverted to their former holders ; that the charter remained valid and in full force, and that the crown did not have any right to appoint a governor, or to make assignments of the land. 1


This report was made in August, 1731, and adopted by the government; and there remained no reason for the long con- tinuance of Dunbar in his office at Pemaquid ; but his dismissal did not take place until the following year, August, 10, 1732. The same royal order that dismissed Dunbar, also revoked the authority previously given to Governor Phillips of (Nova Scotia) over this territory, and recalled the soldiers from Fort Frederic. Afterwards the fort at Winter Harbor was dismantled, and the troops, arms and stores removed to Fort Frederic, where a gar- rison was to be maintained.


Dunbarstill retained his office as surveyor of the king's woods, and also lieut. governor of New Hampshire, to which he was appointed in 1731, but continued his residence at Pemaquid until 1734. Removing at this time to Portsmouth, he was for a time very zealous and active in his efforts as surveyor to pro- tect " the king's timber", which frequently brought him into violent collision with trespassers upon the royal woods. By a law of parliament, passed at an early period, no pine trees 24 inches or more in diameter a foot from the ground, were to be felled, as they were to be preserved for masts for the royal navy, and trespassers were punished by severe penalties. Logs, cut without license, were liable to be seized by the surveyor wherever found, and Dunbar with his servants, in several in- stances, went to the saw mills in search of contraband lumber, where serious wars of words and threatenings occurred between him and the trespassers, which greatly lowered his dignity. At length becoming exceedingly unpopular in New Hampshire, he returned to Pemaquid, and subsequently built a house at a place he named Belvidera, on the Damariscotta river, a little below the fresh water falls.


. He was a man of energy and good capacity for business, but, at the same time, a scheming politician, and ready by any intrigue to promote his own selfish ends. Though unpopular


1 The reader will bear in mind that this " conquest" of the country consisted in the capture of Pemaquid by Ibberville, in 1696, and the " reconquest" in the cap- ture of Port Royal by Nicholson, in 1713. These terms of course can be used only by way of legal fiction.


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with the multitude in New Hampshire, he had some warm friends, who seemed to think that influence enough could be raised in his favor, to secure for him the office of governor of that province; and with the view of obtaining this he went to England in 1737, but was not successful.


Some of his old creditors, in the hope of obtaining their dues, caused his arrest, and he was thrown into prison, but was soon liberated, by what means is not known, by some of his friends. All this time, though in Europe, he continued to hold his office in New England as surveyor of the woods, but at length, for £2000 sterling, was persuaded to resign, and was appointed governor of the Island of St. Helena by the Royal East India Company. This was in 1743.1


Whether Dunbar ever returned to this country is not known, nor is it known when or where he died, but his widow, after his death, returned to this country and married Thomas Henderson, of Cushing, and was living in 1776, as was proven before the commissioners for settling the difficulties in Lincoln Co., in 1811.2


Some of the families introduced by Dunbar, became residents at Pemaquid, but it is believed, that most of them settled in Boothbay, where they are still represented. When the British government decided on the removal of Dunbar they of course by their acts, if not by words, repudiated the theory as to the ownership of the soil, on which he had been acting in their name; but no attention was given to the settlers, now left with- out any title whatever to the lands he had assigned them. A grosser piece of injustice, on the part of any government to- wards its subjects, has seldom been heard of; but there was no remedy. Dunbar, after his removal, told the people that the governor of Nova Scotia would give them deeds of their lands ; but how could he give deeds after the confession of his supe- riors, that those lands belonged of right to other parties ? The whole thing was a mean fraud having its origin and animus in the violent political partizanship of the day. If the land offi-


' Belknap, Hist. N. H., II, 93. The author does not give his authority : he is fol- lowed implicitly by Williamson (Hist. Me., II, 178), who takes no notice of the facts as sworn to by Mr. Plummer.


1 Lincoln Rep., 1911, p. 153 ; Benjamin Plummer's testimony. Eaton, Hist. Th., 11, 263. Henderson lived for a time at Round Pond, but removed to Warren and then to Pleasant Point in Cushing. At one time he had command of the fort on St. Georges' river.


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cers of the crown, to whom the question was referred, had been no more honest than the government itself, an opposite opinion might have been obtained and this, in all probability, would have been followed by the formal detachment from Massachu- setts of all the territory of Maine, east of the Kennebec, and its annexation to Nova Scotia. As a possible result of this the same territory might at this day form a part of the neighboring British province of New Brunswick.


With all his faults Dunbar was an energetic officer, and by his efforts a very good beginning was made for the new settle- ment. How many families were introduced by him, on the territory within his assumed jurisdiction, we cannot now know with certainty, but probably as many as fifty or sixty. Several families as well as single men came from Boston and vicinity, many of them were persons who had but recently arrived from the old country, and were poorly prepared for the hardships for which they had volunteered, and much suffering was the necessary consequence.


Of those that settled in Harrington, or perhaps some in Wal- pole, were Moses Young, ---- Kent, James Sproul, and --- Reed, who received lots of land, on the west side of Pemaquid river, lying side by side, in the order of the names; Young's lot being at the north, and Reed's at the south. The lots were intended each to be 16 rods wide. Sproul's lot was the same occupied by the late Capt. John Sproul who was his grandson. The latter was accustomed to show in his field, some distance east of his house, the foundations of a stone house, and also a stable, erected and occupied by his grandfather, who died some time before the close of the last century. He was born in Ire- land, probably near Belfast, and came with his family and also a brother, John, to Boston, not long before the arrival of Dun- bar. Induced probably by Dunbar's offers he came here the very first year of his [Dunbar's] operations, and spent here the rest of his life. From him have descended, it is believed, all persons of this name in New England.


John Sproul, brother of James, lived in Stowe, Mass., and it is not known whether he was ever in these parts. Wm. Sproul, of the Meadows, whom many of the older people now living will remember, was a son or grandson of his.1


1 Capt. John Sproul, Mrs. Dr. Howe, Mrs. Mary (Sproul) Johnston. The latter remembered James Sproul, the first of the name in the country. He was her grandfather.


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South of the four families resided others, on similar lots, but their names are not known.


On the east side, probably, were William and (Joseph ?) Burns, ancestors of all persons of this name in this region. They came under Dunbar; and the former received from him a lot of land, but, being dissatisfied with the location, he left it and removed to Broad Bay, at the invitation of Waldo. Being driven away by the Indians, he took his family to Scituate, Mass., but afterwards, about 1748, returned to Pemaquid, and finally settled at Muscongus, receiving a deed of his farm there from Waldo. He was present as captain of a transport at the taking of Louisburg. He died at Muscongus, Dec., 1750.


Wm. Burns brother of Joseph (?) just named, and uncle of Deacon Wm., in the time of the Indian wars, raised a volunteer company of militia, and did good service for his country.1


James Bailey and family came to Round Pond in 1729 or 1730, but whether under Dunbar or not is not known. His house was near the shore, at the southwest part of Round Pond, where he cultivated a field. After living here eight or nine years, at the beginning of the Spanish war, he removed with his family to the westward, but returned again, many years afterwards, and took possession of his former old field. His subsequent history is not known.


Thomas Henderson "lived on a point of land to the south- ward of Bailey's house, and joining them, and on the northerly side of a small brook, near to where said Bailey lived, and now improved by John Randell." 2 Henderson subsequently re- moved to Cushing or St. Georges ; where one or two relatives of the same name also lived. At a later period he married the widow of Gov. Dunbar, as before related. Moore who lived on the lot owned and occupied by the late Wm. Me- Cobb, may have been the same as mentioned previously as belonging to Boothbay. His house was some distance east of the present road ; and some stones showing the position of




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