USA > Maine > Lincoln County > Bremen > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 47
USA > Maine > Lincoln County > Bristol > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 47
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The time being now plainly at hand when the questions per- taining to these claims must be legally settled, the citizens here watched with some anxiety the beginning of the expected storm. Occasional threats of actions of ejectment from different pro- prietors had been long heard by the settlers; but some suits were now actually commenced, and a long series of these seemed probable, such as is not often known.
In 1810, several actions of the kind were pending, two against John Hall of Nobleborough, for the same tract, one of them by a Mr. Follansbee, a claimant under the Tappan claim, and the other by James Noble under the Brown title through Wm. Vaughan. Samuel Jackson lived on a farm in Jefferson which he purchased, in 1778, of a man who had been in posses- sion several years. In 1803, an action of ejectment was brought against him by some one claiming under the Tappan right, but after three or four years of litigation the defense was successful,
1 Files Maine Historical Society. Mr. Wells had purchased an interest in the Peirce claim and probably had solicited information of Mr. Little.
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HISTORY OF BRISTOL AND BREMEN.
though at a ruinous cost. He then purchased the farm 'a second time of another claimant under another title, but was again sued by the heirs of Vaughan, and in the year mentioned (1810) the action was still pending. Still other cases of the same kind there were, but they cannot here be particularly described. The great majority still remained in peaceful possession of their lands, but nearly all living on the disputed territory might expect prosecutions to be brought against them at any time.
Is it strange, that the people of Bristol, and other towns named became alarmed, and began anxiously to inquire what they could do to protect themselves? . Much indignation was everywhere felt against the hated proprietors;, and, in several instances, strangers coming into the town, whose business was unknown, were treated with rudeness.
It was about this time (1810) or a year or two earlier, a man by the name of North made his appearance in the town, and pretended to be employed in purchasing cattle, did actually purchase one yoke of oxen, at least, of Joseph Young, who lived on the neck below the falls, but the people for some reason be- came suspicious that he was an agent for some of the proprietors, and did not hesitate to make known the feelings they enter- tained. They pressed him closely by their questions, which were not answered satisfactorily, and considerable excitement began to manifest itself in the crowd that had collected together. Some even proposed the application of Lynch law to him; but better counsels prevailed, chiefly through the influence of Capt. John Fossett, who happened to be present. He persuaded the people to commit the stranger to his care, for the present, while they, if they pleased, might appoint a guard to accompany him out of the town. Capt. Fossett then took him to his house, and gave him some refreshments; and the two then started to- gether for Damariscotta bridge, followed at a little distance by the guard that had been appointed, all being on horseback. Arrived at the bridge the crowd waited to see him on the other side, and then quietly dispersed, but not without advising the stranger not to appear in the town again.
Several years afterwards, Capt. F. met the same man at St. John's, New Brunswick. He (Capt. F.) was in command of a schooner which was lying at the wharf, when Mr. North came
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HISTORY OF BRISTOL AND BREMEN.
on board and introduced himself, reminding him of their former and very peculiar acquaintance, and thanking him heartily for his kindness. Ile gave no explanation as to the object of his visit to Bristol.1
. A circumstance that added not a little to the excitement of the time, was the singular law passed March 6th, of this year (1810), as its title expressed it, " for the more speedy and effect- ual suppression of tumults in the commonwealth." Though gen- eral in its terms it was intended evidently for the Kennebec region and this particular locality. This law authorized any judge of the Supreme Court, in certain circumstances, when the regular administration of the laws should be obstructed, to call out, at his own discretion, a sufficient force from the militia in the neighborhood to suppress the riot or tumult, and restore order.
Among the landsuits against individual settlers at this time, there was one entitled James Noble rs. John Hall of Nobleboro; it was founded upon the Brown claim, and was brought to eject the defendant from the farm, on which he lived. The case had been some time on the docket, and to prosecute it further, it became necessary for the plaintiff to have a survey made of the land he claimed, of which the farm of the defendant formed a part. Such a survey was therefore ordered at the session of the Supreme Judicial Court, held in Wiscasset in June of this year ; and by consent of parties (Noble and Hall) James Malcomb of Cushing was appointed surveyor. IIe was instructed by the court to appoint such aids, as chain-men, etc., that he might need, and " to run all such lines, and make such monuments as either party might desire," and to " make a plan of the land in dis- pute," and make return to the court.
The " land in dispute" between these parties could only be the farm of the defendant, though Noble's claim included the whole eight mile square tract, to which allusion has been so often made ; and this large area he undertook to survey under this order of the court.
Another similar case before the court at this time was that of Eliot G. Vaughan rs. Nathaniel Thompson, also of Nobleboro ; and was brought to eject him from the farm he occupied. This.
1 Mr. John Fossett jr. (July, 1800), who was with his father at St. John's, when the meeting took place. Was this man a connection of the family of this name previously noted ? Hon. James W. North, the accomplished historian of Augusta, is very certain he was not a member of their family.
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HISTORY OF BRISTOL AND BREMEN.
action was based on the original Brown deed of 1625, and had no connection with the eight mile tract just mentioned. Pro- bably the two actions were intended to test the two titles; if the Brown deed of 1625 was valid, so probably was the other title to the eight miles square, but if the latter title should fail still the other might be held valid. Though the plaintiff's were different, there was plainly a close sympathy between them, as the facts will show.
Malcomb accepted the appointment and was duly sworn (Aug. 25th) faithfully to diecharge the duties assigned him, having previously given notice to the parties to meet him at the house of Joshua Hilton, in Bristol (Broad Cove) on Monday the 27th. To this place he accordingly repaired at the time appointed ; and the result of his visit will be seen by his own return made to the court, dated, Aug. 28th.
After reciting the order of court, he says, "in pursuance of the forego- ing order, I, the said James Malcolmb, having given notice to the par- ties in said action to meet at the dwelling house of Joshua Hilton in Bris- tol, on Monday the 27th of Aug., inst., when and where I accordingly at- tended with the agent of said Noble and others, to perform the services above required, and to begin at the pine tree there as corner bound of Brown's deed to Gould, furnished me by said Noble; but finding the door of said house shut and no person there, we went to the neighboring house of George Rhoades, where we were met by the above named John Hall and others to the amount of forty or fifty men, who assembled in parties, and seemed to be headed by a Capt. Samuel Tucker and others. The said Tucker stating that he was one of a committee unanimously cho- sen by the Town of Bristol to oppose the running of any lines in said Town, and demanded by what authority we came to run lines. I pre- sented them the said order of court, which they opposed, saying it was a forgery, and that the Supreme Court had no authority to grant an order to run lines without notice to every person whose lands were touched thereby. And they also stated that there were a number of men likewise assembled in Nobleboro and other towns, keeping a strict watch to obstruct the running of any lines by proprictors ; and threatened to take my in- struments from me if I persisted. I, therefore, apprehending danger from the appearance of their conduct, and the said Hall also telling me that he had no lines to run, I thought it imprudent and unsafe to procceed in said business, and left the same without running any lines.
" JAMES MALCOMB." 1
' Files S. J Court, Boston, and also in Secretary's Office, in the State House. Of course Hall had " no lines to run" in that neighborhood.
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HISTORY OF BRISTOL AND BREMEN.
" The agent of Noble," referred to in the above, was Elliot G. Vaughan, the plaintiff in the action against Thompson, pre- viously mentioned ; and his account of the same transaction, being more full than that of the surveyor, will be interesting to the reader. . . After stating the facts, the same as Malcomb, that they first went to the house of Joshua Hilton, and finding no one there, they went to the house of George Rhoades, where the people soon began to collect, he mentions the names of several of them, Samuel Tucker, Thos, and Wm. Burns, Capt. Samuel Reed, Phillips Hatch and Thomas Dockendorf. Capt. Recd inquired their business, which they candidly stated, and also made known their authority by reading aloud their official documents. . Some one of them formally introduced them to Capt. Tucker, who proceeded to,
" Inform us that he was one of a committee unanimously chosen by the town of Bristol to oppose us, and prevent our running lines in said town; he then wished to know what authority we had. Esq. Malcomb showed him the order of the Supreme J. Court, which he had read aloud to the whole company, and afterwards pronounced the- same a forgery, and said there was no such entry on the Supreme Court docket, and that they would prevent us from running any lines in Bristol. Mr. Malcomb requested of him to know by what means they meant to oppose us ; he said they must and did forbid us running, and if we persisted they would take away his instruments, for if Noble and myself had not proof enough to support our claim we should not run any lines in order to strengthen it. Mr. Tucker said that we might next want his land, and he had had it in possession thirty-eight years, 1 and before he would give it up he would spill his blood on the soil to manure it. Capt. Phillips Hatch ap- plauded that very much, and made many similar expressions, stating [that] we should run no lines in that town. Capt. Tucker stated his age to be sixty odd years, but swore he could wield a sword or pull a trigger yet, and stated that he was unanimously chosen by the town, and their orders were to prevent running any lines in that town at all events, and the town would support them. There were two men there by the names of Wm. and Thos. Burns who swore, if any men attempted to run a line through their land they would shoot them, let them have authority from what Court they would. And Capt. Tucker and others of the company said all we wanted was to get a survey and then make a plan, and the Court would give us the land, but they swore we should not run any lines and said many disrespectful things concerning the Judges of the S.
1 Commodore Tucker purchased his place of Daniel MeCordy in 1792, only 18 years previously, but he meant to include also the time it had been in the posses- sion of MeCordy.
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J. Court. The number of men at Mr. Rhode's, was about sixty, and they seemed to doubt whether we should not return and attempt to run the lines in the night. Esq. Malcomb informed them that we should not do that, and that no person had requested him to do it. Capt. Tucker swore there was no danger of that for the lines were all well guarded and would be, and that let us have what force we would they would have a larger one. We then informed them, if we could not run the lines without such difficulty we would return, they then informed us they should send a guard with us to escort us out of Bristol. Esq. Malcomb told them, there was 'no need of that, and stated that we came without any and should not want any to go back with us; we then started to come away, finding no argu- 'ment would prevail on them to let us run any lines, and there were .several men followed us and kept with us until we were out of the town of Bristol, part of their names were Capt. Samuel Tucker, Wm. and Thos. Burns, Thos. Dockendorf, and Wm. Martin jr. Mr. Martin stated that "he came that day from Damariscotta Mills, and between there and Noble- borough, he had seen one hundred men in parties, and said he inquired of them what they were doing, they said they were watching for propri- etors. (Sworn to, in Court.) " ELLIOT G. VAUGHAN."
A note. is added, saying that this, and also evidence of other "more aggravating transactions, was brought before the grand jury, but they took no action on the subject.
Being thus politely conducted out of town by the good citi- zens of Broad Cove, Vaughan next made his entrance into the town on the Walpole side.
Below, is his own account of the excursion, contained in a 'letter to Hon. Thos. Cutts, of Saco, dated Phillipsburg, Oct. 30, 1810. To save space certain unimportant parts are omitted, as indicated by the asterisks. He says :
" Wednesday, 29th Aug., I went over in the town of Bristol, in com- . pany with an old man by the name of Benj. Jones, of Newcastle, he hav- ing some business there, and being acquainted with the inhabitants. We first called at the house of Col. Wm. Jones, who is now upward of 86 years of age, and had lived there nearly all his days. After introducing myself, we began on the subject of non-resident proprietor's lands. The Col. said there was no proprietor owned any land, and that the govern- ment was corrupt in allowing any title, and instanced amongst many other things the injustice of the government in confirming and establishing the Waldo patent; and said that he made it appear to the Gen. Court, that the patent did not cover an inch of land, and added that the people only want some good able man to take the lead and conduct them, but said there was a difficulty as there was not confidence enough between man and man, for if such a man could be found they would betray him, and
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said that Shays and the party that were with him were the only party that was right in the government, and said that no proprietors had any right, for God gave the earth to the sous of men, and that no man had a right to more land than he could improve, and named 200 acres. I then asked him what could be done considering the situation we were now in ? His answer was that God Almighty had it in his power to settle it in two ways ; one was to serve all the proprietors as he did the firstborn of Egypt (cut them off in one night) the other was to raise up some map like Cyrus who would purge the land .** We then proceeded further down in Bristol, to the store of Mr. Blaney who, I had been informed, had been very active in preventing the lines being run." :
His friend, Jones, did not introduce him to Mr. Blaney, and when Jones had finished his business, they started on their return. The narrative proceeds,
" When we got as far as the house of Robert Huston, Esq., he came out to the road and spoke to Mr. Jones, and he immediately asked him who I was, and I told him my name. He inquired if I was. one of the Vaughans who had been trying to run their lines? I told him I was. He then stated that they were ready for us any way. I told him we were not ready in any but a lawful way .** He said he was safe enough concerning his land as it had been possessed and improved seventy years. I stated to him that I was knowing to that fact as my ancestors had left [to] his father 100 acres of land in his will, which, from the best information I could get, was the same land he lived on. I asked him what harm it could do him to run the lines. He said, they did not want them run, &c., &c."
A crowd now began to collect, and much loud talk ensued, and the travellers resumed their journey towards " the bridge."
" In riding 50 or 60 rods we met a number of men on horseback running their horses, and heard considerable noise behind us which proved to be a number of men on horseback with cowbells following us, who kept with us until we got to the toll-bridge near Damariscotta river. They then halted and gave three cheers," and with many oaths desired them " never to show their faces in Bristol again." " In the evening the house of David Myrick, near said bridge was surrounded, and he ordered to turn me out of doors or they would pull his house down. He went out and conversed with them and received some abuse, &c., &c. ** They kept round the house until 1 or 2 o'clock, storming the house and making al- most every noise that can be conceived of. Mr. Stephen Coffin was present during this (to me) disagreeable night." 1
The remainder of the letter gives an account of a recent visit of his to Warren to confer with the surveyor, Maleomb, aud Col.
1 Files, Secretary's Office, Boston.
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Thacher, who, it was expected, would command the regiment of militia, soon to be called out to enforce the order of the court.
, Malcomb, having made return to the court, in accordance with the facts above related, it only remained for the court to call out a sufficient force, from the militia of the neighboring towns, to protect the surveyor in the discharge of the duty as- signed him. And this was done, as it appears to us now, with a very unbecoming haste, considering the position of affairs, and the grave complications that were likely to ensue. A force of 500 men, mostly from Boothbay and vicinity were ordered to be drafted under their proper officers, and held in readiness to march at short notice.
In the action of Noble vs. Thompson, previously referred to, : the same order was made, and Malcomb appointed surveyor ; but in this case it was said that Thompson admitted that the land in question was included within the claim of Noble, and therefore a survey was not absolutely needed.
The aspect of affairs now became alarming; and both the civil : and military officers, upon whom responsible duties would de- volve in executing the order of Court began to look into the matter with concern. The people of Bristol and Nobleboro, fully persuaded of the intrinsic justice of their cause, showed no disposition to make any concessions whatever, but, on the other hand, unanimously took measures to organize an effective defen- sive force, which, however irregular in its origin, could not be despised.
The law authorizing a judge of the court to call out the mili- tia in aid of a surveyor, when there was danger of opposition, passed in January, 1810, throughout the country was consi- dered very extraordinary in its character; and now that it was to be put in actual operation with unnecessary haste, even its friends began to feel uneasy.
Though the draft had been made on paper, the men had not been called out; and it began to be seen that the authorities were proceeding in their coercive measures too hastily. Much correspondence ensued between Gov. Gerry, Judge Thacher and others, and the wise conclusion was arrived at to postpone further coercive measures until the next spring, especially as the legislature was to hold a session during the winter season. One of the first acts of the legislature at its next session, was to repeal the obnoxious law.
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Previous to this time feeble petitions and memorials concert- ing the condition of affairs here, and praying for relief, had been sent by individuals to the legislature, but they were met by the opposition of the proprietors, so as to prevent any action, or they were passed by as not of sufficient importance to de- mand attention. Indeed all the acts of the legislature previous to this time seemed to be in the interest of the proprietors, and in disregard of the opposing claims and the many hardships of: the inhabitants living on the lands in dispute.
But it must be admitted that the latter had not until this time. united systematically in such a determined effort to bring the' whole subject before the legislature, as its importance demanded. Now, however, they determined to do so; and the towns of Bristol, Nobleboro, Newcastle and Edgecomb appointed delegates to meet in convention, and make preparation to bring the subject by memorial and petition before the legislature, in a manner that would command attention. 1
It has been said that agents from Bristol went to Boothbay and took occasion to pay their respects to many of the drafted men, who gave them to understand if they should really be called. into the field to fight in such a cause, they " should choose which side to fight on." (Capt. John Sproul, 1860.)
The memorial and petition, agreed to by the convention (see note at foot of the page), was presented to the legislature at the beginning of its session in January, 1811, and received very. . prompt attention, the way for it having been partially prepared by an allusion to the subject by Governor Gerry in his message, dated January 23. "It is with deep regret, gentlemen, that I communicate any unpleasant information, respecting any important section of the Commonwealth. On the 12th of October last I received from the Hon. Judge Thacher, informa- tion that he had required Brigadier General Payson, to call out five hundred of the militia, to aid in the legal survey of certain lands, in the town of Bristol, in the county of Lincoln. Soon after I received two petitions from a number of the inhabitants of that town and neighborhood, stating griev- ances, and praying for a suspension of the survey until the decision of the legislature could be had on the subject. On the 24th of October, I received another letter from
1 Printed copy of Memorial and Petition, pp. 32. Boston, printed by J. Becher, 1811.
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HISTORY OF BRISTOL AND BREMEN. 489
Judge Thacher, and immediately communicated it, with other documents in my possession, to the council then in session. On the 26th of Oct., I had an interview with two respectable charac- ters of high standing in that community ; and obtaining the best intelligence they could give, imparted it to the council, who passed upon the subject, and closed their session. On the day following, considering the threatening aspect of affairs, and the deplorable consequences of a conflict in that quarter, I took mea- sures to obtain from the surveyor, James Malcomb, Esq., an explicit declaration whether he intended to proceed in the sur- vey forthwith, and if not, to what period he proposed to suspend it." After stating further particulars of his correspondence with Judge Thacher, he proceeds to say that Malcomb de- clined to proceed in the survey which had been ordered by the Court, and it was therefore suspended for the present. 1
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On a report of a committee of the legislature it was,
" ORDERED, -- That His Excellency, the governor, be, and he hereby is, authorized and requested to appoint three commis- sioners to take into consideration his message to the two branches of the legislature, relative to disturbances in the county of Lincoln, with the documents accompanying the same; and also to take into consideration the memorial from the inhabitants of Bristol, Edgecomb, Nobleboro, Newcastle, and Boothbay; and the memorial signed by Samuel Tucker 2 and others; all of which are now pending before the General Court. And that the said commissioners be, and they are hereby authorized and directed to go into said county of Lincoln, investigate thorough- ly, the nature and causes of the difficulties stated in said mes- sage and documents ; and also the nature, causes, and state of the difficulties and grievances complained of in said memorials. That said commissioners have power to send for such persons and papers as may appear to them necessary, in order to ena- ble them to determine fully on the subject of their commission. That they give notice of the time and place of their first meeting to the selectmen of the towns mentioned ; and also to said
! Mass Resolves, XVIII, p. 68.
2 This, it is believed, was a memorial in regard to the doings of Judge Thacher and a petition for his removal to some other judicial district. A similar petition was forwarded from citizens of some of the adjoining towns; but as the law of March 6th, 1810, empowering the judge to call out the militia was repealed early in the session, (Feb. 27th), the petitions were withdrawn.
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Tucker, and such other persons as they deem it expedient to have notified .- And that they report, as soon as may be, to the next General Court a state of facts on the subject referred to in said message, documents and memorials; and recommend such measures as it may be expedient in their opinion to be adopted by the legislature thereupon, in order to restore tran- quility to that section of the country, and redress grievances, if any are found to exist. And that the said commissioners be, and are hereby authorized, if they see fit, to appoint a clerk to attend them in the execution of their said commission."
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