USA > Maine > Lincoln County > Bremen > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 48
USA > Maine > Lincoln County > Bristol > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 48
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50
The governor immediately appointed on this commission Hon. Perez Morton, then a distinguished lawyer and politician of Boston, Jonathan Smith jr. and Thomas B. Adams, 1 who at once prepared to enter upon the duties assigned to them. They appointed their first meeting at the Court House in Wiscassett, Wednesday, May 1st, giving previously the necessary notices.
On Monday, April 20th, the selectmen and committee of Bris- tol, Nobleboro, Newcastle, and Boothbay, met at Myrick's in Newcastle and appointed a committee to represent them before the commissioners.
The selectmen of Bristol present, were Robert Huston, Sul- livan Hardy, and Wm. MeClintock. Committee to act in con- cert with the selectmen, Aaron Blaney, Win. Chamberlain, and James Drummond jr.
Selectman of Nobleboro present, Ebenezer Flint. Committee, Milton Goodenow.
Selectmen of Newcastle, Luther Webb, and Samuel Leighton.
Selectman of Boothbay, John McFarland. Committee, Wm. MeCobb, and Daniel Rose.
These appointed a sub-committee of six, Daniel Rose, Milton Goodenow, Aaron Blaney, James Drummond jr., Daniel Waters, and Samuel Parsons, to conduct the case for them, and instructed them to meet the commissioners at Wiscasset, and invite them while conducting their inquiries to make their
1 These men spent more than three weeks on the case, in taking testimony and preparing their report, making a journey in the mean time from Boston to the town of Bristol, Me. ; and the compensation they received would in this day seem rather small. By resolve of the legislature, June 24th, Perez Morton received $144, Jonathan Smith, $180. and Thomas B. Adams, $162. E. W. Ripley, their clerk, received 8126.
Only $1,200 was appropriated for the whole expense of the commissioners. Per- haps their expenses were paid in addition to the above.
491
HISTORY OF BRISTOL AND BREMEN.
principal stand at Doct. Myrick's in Newcastle. The sub-com- mittee were also instructed to invite the commissioners to Bristol, and especially to Pemaquid to view the ruins there, and to other places as might be agreed upon.
Accordingly, the first of May, the Commissioners having ap- pointed Eleazer W. Ripley their clerk, met in Wiscasset, but immediately adjourned to Doct. Myrick's in Newcastle, where their meetings were subsequently held. They were continued several days and excited much interest, being attended as they were by agents of the claimants under the so-called Drowne, Brown, Tappan, and Vaughan rights, with their several attorneys, presenting no meagre array of the legal talent of this region at that time. They examined carefully all the documentary evi- dence brought before them, and examined many witnesses from among the elderly citizens of the place, some of whom were able to testify to transactions. nearly as far back as the time of Dunbar.
During their stay, the commissioners visited the site of the old Pemaquid fort and other places, being everywhere received with the utmost cordiality. Their candid manner, and the pa- tient, respectful attention they gave to all the evidence brought before them, greatly pleased the people of the place, who, when the evidence was all in, and before they knew what the report would be, felt that they had already achieved a triumph.
Having finished their work here, the commissioners adjourned to Portland, where they made up their report, which is dated May 20th. It was printed as a legislative document, with much of the evidence upon which it was based, but is now sel- dom met with, though of the utmost importance to the early history of this part of the country. In fact, we are indebted to it for much of the information contained in these pages. To insert it entire would be simply to repeat much that has already been said, but an extract from it near the close must be given.
"It further appeared in evidence, corroborated also by the general ap- pearance of the country, that the settlements on and about Damariscotta river, were at least a century old. The inhabitants seem to be quiet, enterprising and industrious, attached to the institutions under which they live, and totally free from any disorganizing or disloyal spirit. They ask for reasonable protection under the laws of their country, and not an abolition of them. As a mark of their attention to social order and the means of information, we beg leave to state, that meeting-houses are
492
HISTORY OF BRISTOL AND BREMEN.
erected in every town mentioned in the memorial, that clergymen are reg- ularly settled in most of them, and have been for a long time past; and that in the town of Bristol alone, there are twenty-one school houses, and that town raises annually for the support of free schools, the sum of two thousand dollars.
It further appeared in evidence, that none of the inhabitants entered upon these lands with an intention of disseizing or trespassing on any proprietor ; but that, nearly to a man, they hold their estates under deeds of settlement from some one or more of the claimants, or from prior settlers. No improper motives, on their parts, appear to have actuated. them, but the variety of interfering grants derived from different sources, added to the vague principles upon which all new countries are settled, have been the real causes of the existing difficulties, and have placed the people of those towns in a state of real insecurity, and have excited in them just cause of alarm.
-
The commissioners therefore, after fully hearing the complaints of the memorialists, are of opinion, that, as well from their loyalty, merits and services, as from the peculiar circumstances of their situation, they are justly entitled to the particular interposition of the fostering aid of the legislature, so far as that aid can be extended to them consistently with the rights of other individuals. They are sensible, that among the rights of the respective claimants is unquestionably that of having the justice and legality of their several claims separately decided by trial at law ; but it will be readily seen, that the exercise of these rights must, as it already has done, operate very oppressively on those people; and, in- deed, the claimants themselves, who, it is believed, never before had an opportunity of seeing and examining the extent and evidence of the claims of each other, seem to be sensible of this truth, and it is pleasing to remark, manifested a disposition to bring the existing difficulties to a close. Under this impression, the commissioners did not hesitate to sug- gest their wishes to this effect, which resulted in the proposition to the legislature, accompanying this report, under the hands and seals of the different claimants. By this instrument the claimants propose to release and surrender all their title under their respective claims to the common- wealth, and to submit to a new Board of Commissioners, whether they. or either of them, are now entitled to all, or any part of the lands, described within their respective claims, and what part ; consenting, that the rights of the settlers and those of the commonwealth, shall be opposed to them in the hearing; and if they, or either of them, be found entitled to any part of such lands, the same to be estimated as in a state of nature, with ut ref- erence to any improvement, and to receive compensation for the same in the unlocated lands in the district of Maine, belonging to the common- wealth ; which will leave the commonwealth the sole proprietors of any interest which may be found to belong to all, or any of the present claim-
$
493
HISTORY OF BRISTOL AND BREMEN.
€
ants; and to this proposition the agents of the memorialists readily gave their concurrence, under a conviction, that nothing will be required of them by the commonwealth, but, what reason and justice will demand. * * *
The commissioners, therefore, cannot but earnestly recommend to the legislature to meet this proposition of the claimants to extinguish their conflicting claims, as a measure dictated by that wise policy, which in the government of a free country, always seeks the preservation of its honor and dignity and will at all times make the tranquility and happiness of all its citizens the primary object of its pursuit. They believe, also, that it would be good policy, in a local as well as national view, to encourage by all just means the speedy settlement of the district of Maine, so important a frontier of the Union, and they are persuaded that the present length of limitation in bar of the writ of right, operates powerfully to the dis- couragement of this object. The neighboring British Colonies of New Brunswick and Nova Scotia, as well as some of the large States of the Union, to encourage their increase of population, have bound the writ of right after twenty-one years; and the commissioners recommend that period for its limitation in this commonwealth ; or, if it should be objected to as unnecessary in Massachusetts proper, where the title to lands are more firmly settled, they see no objection to the government's legislating for the district of Maine, separately in this respect, as numerous precedents to that effect are to be found in our own statutes, under the late Pro- vinces.
The commissioners have been thus particular in describing the titles of the claimants, and the merits and complaints of the memorialists, that the legislature may at one view discern the nature and causes of the ex- isting difficulties, and be able to judge of the propriety of applying the remedies recommended, or such others as their wisdom and discretion may dictate. All which they have the honor respectfully to submit for that purpose."
This report to the legislature was accompanied by a written agreement signed by the attorneys of the several claimants, to submit their several claims in the manner proposed. The sub- stance of it was, the proprietors agreed to submit the merits of their respective claims to the commissioners to be appointed by the governor or by the legislature, as might be determined, with the consent of proprietors, which commissioners should have authority to determine, both in law and equity, whether they or any of them, were entitled to the lands or any part of the lands within their respective claims, in opposition to the rights of other parties, whether settlers on the territory or
491 -
HISTORY OF BRISTOL AND BREMEN.
others, and also in opposition to the rights and claims of the state. Before the commissioners should take any action they (the claimants), were to make over by deeds of release to the commonwealth of Massachusetts, all their right and title to the lands in dispute, on the condition that the commonwealth should award to them, or any of them, such compensation as they might be found entitled to by the said commissioners, the said compensation or equivalent to be made in grants of unoc- cupied land still belonging to the state in the district of Maine.
A proviso was inserted that if the action of the legislature should be delayed beyond the next session, the proprietors should be at liberty to prosecute their claims in the court just as if nothing of this kind had been attempted.
It was in this form the affair came again before the legisla- ture ; and was very soon understood by that body as it never before had been.
The governor in his message, June 10th, 1811, made a favor- able allusion to the report, and recommended its suggestions to their careful consideration. Accordingly, immediate action was taken on the subject ; the governor was authorized to appoint a new board of commissioners to re-exmine the whole question, make an authoritative decision as to the real ownership of the Jands in dispute, and award to the successful claimants such compensation or equivalent in the wild lands of Maine, as might seem to them reasonable and proper.
The commissioners selected by the governor for this respon- sible duty, were Hon. Jeremiah Smith, of Exeter, N. H., Wm. H. Woodward, of Hanover, N. H., and Hon. David Howell, of Providence, R. I. Their appointment was not made until late in the summer or autumn; and they very soon entered upon the discharge of their duty. In the mean time most or all of the claimants, more than one hundred in number, besides the Plymouth or Kennebec company, executed deeds of release to the state of all their right and title to the lands in question, ac- cording to the letter of the agreement. But so much time was spent in making a thorough examination of all the evidence in the case that they were not prepared to report until January 26th, 1813.1
Before giving their decision they state the principles upou which they based their action. They say, "in considering the 1 Muss. Resolces, xviii, 181.
.
495
HISTORY OF BRISTOL AND BREMEN.
grants and conveyances under which the parties claimed, and the manner of deducing their titles, we have not been disposed to require the most perfeet regularity, nor to expect the same exactness as in the case of modern grants. Wherever a Court of Chancery could supply defects or give relief, we have over- looked such defects, and bave considered ourselves as vested with the power to give the same relief, and we have allowed the claimants the full benefit of their possession. We are de- sirous that the legislature should be apprised of the construction we have put on the resolution, which is the foundation of our authority. It has been our intention to go as far in favor of titles as a Court of Chancery could go in the rightful exercise .of their peculiar powers. But we have not considered the words 'power and authority to determine, both in law and equity, whether a claimant under his claim, is entitled to any lands within the boundaries of his claim &c.,' as vesting in us any authority to award in favor of a claimant whose title could neither prevail at law nor avail the party with all the aid a Court of Equity could give; though such party might have merits which would entitle him to the favorable notice of the legislature."
They then proceed to make their formal award and decision, with all the legal verbiage required by the importance of the subject before them, declaring the claims of the Plymouth or Kennebec company, well founded, and awarding to them, under certain conditions, a full township of land, to be selected from the wild lands in the district of Maine. To the claimants under the Drowne claim, they awarded a half township of land under the same conditions of introducing within a limited period a certain number of settlers, and reserving some lots for schools and a lot for the first settled minister. They conclude their report as follows, viz. "And we do further award, order and determine, that as to all the other parties to the annexed submission ** * that neither they nor any of them, nor the person or persons, they or either of them represent, had at the time of said submission, or at any time since have had, either in law or equity, any title to any lands uuder their respective claims, and within the boundaries thereof, and situate within the towns aforesaid, or any of them."
By this decision, it will be seen the Brown, Tappan and Vaughan claims were utterly extinguished as never having had
.
496
ILISTORY OF BRISTOL AND BREMEN.
any foundation either in law or equity. These claims all had their origin in Indian deeds, which were thus declared invalid ; but the two claims having their origin in European grants, were established.
The reader will not fail to observe that the claims of the plaintiff's in the two suits at law mentioned above, as being im- mediately connected with the Bristol troubles, were among those declared to be without foundation.
The Vaughan claims were rejected by the commissioners for the reason that they had no legal support, resting as they did upon Indian deeds, or documents purporting to be such; but Vaughan had, in his day, done much for the improvement of the country, and they thought his labors and toils worthy of con- sideration. They therefore recommended that the modern representatives of these claims should receive a half township of wild lands of the state, the same as they had awarded to the Pemaquid proprietors. This award was afterward formally made by the legislature.
The claims of the late "proprietors" being thus extin- guished, or rather the title to the soil about which there had been so much strife, being now vested in the state, it remained only for the old settlers to receive deeds from the state, to be- come the undisputed owners in fee simple of the lands they had long occupied, and formerly supposed to be their own. Deeds of this kind were subsequently given by authority of the govern- ment at a charge of a few cents per acre, except to those who had actually paid for their land to some one of the claimants -- those received their deeds gratuitously.
497
HISTORY OF BRISTOL AND BREMEN.
CHAPTER XXXVII.
BREMEN, AFTER ITS SEPARATION FROM BRISTOL.
Bremen incorporated -- School Districts -- Robert Miller -- Thomas Johnston jr .-- Win. H. Little -- Sullivan Hardy - Bremen in the civil war - List of Soldiers -- Furnished for the army and navy -- Samuel T. Keene - Dr. McRuer - Rev. Joshua, Soule -- Dr. Tobey - Arunah Weston.
The town of Bremen, was incorporated by act of the state legislature February 19th, 1828. Many attempts had been made to effect a division of the large territory included in. Bristol, by vote of the citizens, but without effect. All felt that a di- vision into two or more towns was greatly to be desired, and many plans were proposed, but when submitted to vote in town- meeting they were always rejected. At length the people of Broad Cove determined to address their application directly to the legislature of the state, and succeeded in obtaining their charter as above stated. It is not known who suggested the name of Bremen; but, being comparatively short and easily pronounced, it was at once accepted.
The territory of this town formerly constituted the northeast part of Bristol, lying between Broad bay, on the east, and Bis- cay and Pemaquid ponds on the west. On the south it is sepa- rated from Bristol by a line running from Muscongus harbor to the south part of Biscay pond. The present nearly straight line is not the one described in the act of incorporation, but a com- promise line agreed upon by committees of the two towns the year after the separation. The first line, as described in the charter was found to be impracticable.
It was provided in the act of incorporation that all the pro- perty belonging to the former town of Bristol should be divided between the two towns in the proportion of their respective valuations at the last preceding assessment ; and that they should be held to pay in the same proportion whatever previous in- debtedness there might be against the old town.
03
498
HISTORY OF BRISTOL AND BREMEN.
The town as thus established contained then four school di. tricts, to which two have since been added, and had a population of about 800. It was provided that the two towns should con- stitute one representative district.
The first town meeting was held at the school house of Di. .. No. 3, (near the late Daniel Weston's) and organized by electing Robert Miller, moderator and Sullivan Hardy, town clerk. A. board of selectmen and other officers were also chosen.
The next meeting, held April 12th, was considered the first annual meeting for the year, but the officers previously choseu were continued.
The separation from the old town was unanimously approved by the people of the new town, except a few living near the southern line who subsequently petitioned to be again set off from Bremen, and restored to Bristol; but the effort failed.
The two great political parties of the country, east, west, north and south, were generally very sharply divided in the presi- dential campaign of 1828, when Andrew Jackson was elected, and more than the usual amount of bitter feeling was manifested, but it was not permitted to disturb the political quiet of Bremen. At the election only 18 voters made their appearance, who cast their votes unanimously for the Adams ticket. The next year the town cast 66 votes for governor.
Robert Miller, who presided as moderator of the first town meeting, died by suicide late in the autumn of 1828. He was a Scotchmau from the vicinity of Edinburgh, but had long re- sided in the place. He was, by trade, a carpenter, and lived at a place on the " western branch " of Broad Cove, as marked on the map of Lincoln county, and it is believed owned the saw and grist mills that formerly stood there. They were what are called tide mills, which depend upon the water flowing in at high tide through the gates in the dam, and of course can be used only at low tide.
Mr. Miller had been several months in poor health, and at times much depressed in spirit, but no one supposed that he meditated self-destruction. Some time in the autumn he de- posited several hundred dollars in money with a neighbor for safe keeping, taking no receipt ; and the transaction was known only to the parties themselves. He was a bachelor and lived by himself, but at length, as he had not been seen for several days, search was made for him, and his body found in a retired
1
Thomas Johnston
499
HISTORY OF BRISTOL AND BREMEN.
place in a pasture a mile or more from his house. He had cut his own throat with a pen knife, and fallen forward on his face with the knife still grasped in his hand.
The old meeting house erected in the Broad Cove parish, at. the place then called Greenland (see map), ceased to be used as a place of worship about the beginning of the present century and in 1824 was taken down, and the materials used in the con- struction of the present Bremen Church.
UNION CHURCH, BREMEN.
The grave yard, a distance south of the present meeting house, had been thus occupied from an carly period, by permission of the owner of the land, but in 1832 the lot was purchased for the general use of the inhabitants. According to tradition when the meeting house question was so earnestly discussed, as heretofore described (p. 341), many desired that the one for the Broad Cove parish should be located here rather than at Green- land Cove.
Thomas Johnston, who was elected as the first treasurer of the town, and afterwards to the same office several years suc- cessively, was a son of the Scotchman by the same name previ- ously mentioned (p. 389). He followed the sea when a young man, but subsequently purchased a farm near the old home- stead, where he ever afterwards lived. He d. in 1852 at the age of 84, the accompanying lithograph being a very good repre- sentation as he appeared in his old age.
The Johnflor
This is a fac-simile of the autograph of Thomas Johnston sr .. as traced from a signature attached to a public document in . 1775.
.
500
HISTORY OF BRISTOL AND BREMEN.
The superintendent of the coast survey a few years ago in the progress of his work had occasion to establish a sub station near the home of the old Scotchman, and gave it the name of " Johnston."- Coust Survey Rep., 1867.
We have seen that when Bremen was incorporated, it was united with Bristol to form with it a single representation dis- trict, but three or four years afterwards a change was made and Bremen, Friendship and Cushing were associated together as one district. Subsequently (in 1845), the arrangement was again changed, and Bremen and Nobleboro were associated together.
In 1833, a new school district was formed on the neck, and subsequently a district school house erected.
The public road from the main road east to the shore on the neck near Job Tolman's, on the line between Wm. Johnston and Mary Johnston was laid out by the county commissioners 1836. The matter had been discussed some time, but was now authoritatively decided. The owners, or some of them, of the land taken for the road, having made a demand for payment, the matter was referred to a committee to make inquiry, and re- port. In due time the committee reported that it was a case in which the owners were entitled to payment for their land thus taken for the public use.
This town, like all the other towns in the state, voted to receive its share of the money distributed from the general treasury in 1837, on the terms proposed (p. 437) and Wait W. Keen, Esq., was appointed agent of the town to receive it from the state treasurer. It was at first decided to authorize the selectmen to loan the money to individuals on good secu- rity, but subsequently the whole fund was distributed among the inhabitants of the town in the same manner as was done in Bristol.
Wm. H. Little sr., died Feb. 26th, 1841, long a prominent and much respected citizen of the place. He was a descendant of Thomas and Ann (Warren) Little of Plymouth, Mass., who lived first at Plymouth, but removed to Marshfield, in 1650. Mr. L, was among the earliest emigrants to Plymouth and his wife was a daughter of Richard Warren, a passenger by the May Flower.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.